Church of England insists it will not have to host civil partnerships

New rules came into effect on Monday that allow same-sex couples to hold the events, which give them the same legal rights as married in couples, in places of worship. 

There have been fears that religious organisations will face legal action if they refuse to register civil partnerships on their premises, even though the Government has insisted there will be no compulsion to do so.

Now the established church, which opposes a “blurring” of the line between marriage and civil partnerships, has written to the almost 500 members of its governing body to give its opinion on the “possible controversy”.

It states that “no Church of England religious premises may become ‘approved premises’ for the registration of civil partnerships” without a formal decision made by the General Synod, made up of clergy, bishops and lay people.

The two-page briefing note also declares the “clear view” of the Church’s lawyers that its opposition to the move does not constitute unlawful discrimination under Labour’s far-reaching Equality Act, which gives minority groups the right to equal treatment.

It argues that churches which allow heterosexual couples to marry are “not concerned” with facilities to register civil partnerships for same-sex ones, and that the law does not require them to provide additional services for other groups. 

“Thus, for example, a gentlemen’s outfitter is not required to supply women’s clothes. A children’s book shop is not required to stock books that are intended for adults. And a church that provides a facility to marry is not required to provide a facility to same-sex couples for registering civil partnerships.”

However the Church admits that this argument only holds while marriage and civil partnership remain separate services.

“If Parliament were in due course to legislate for same-sex marriage, as recently suggested by the Prime Minister, we would of course be in new territory. But that is a separate issue which would have to be addressed in the course of that new legislation.”

Several Tory backbenchers, led by the Roman Catholic MP Edward Leigh, have signed an Early Day Motion calling for the new regulations to be scrapped, partly because they have not been debated fully in the Commons.

So far just four small independent churches and two Quaker congregations have said they plan to host civil partnerships, prompting concern that same-sex couples who want to hold the events in places of worship will be left disappointed.