Archbishop of Canterbury Resigns, Accepting Responsibility for Coverup of Sexual Abuse of Young Men

In Britain yesterday the Archbishop of Canterbury announced his resignation, taking responsibility for an inadequate response to reports of extreme sexual abuse of over 100 boys and young men at Christian camps and public schools for decades by a barrister who was a lay preacher in the Anglican Church. A Report on abuser John Smyth was commissioned by the Church of England and authored by former social services director Keith Makin. The Report (full text) was published last month. As described by the BBC:

The Makin report described [Smyth's] "clearly sexually motivated, sadistic regime" of beatings during the 1970s and 1980s.

He singled out boys attending Christian camps and in sessions at leading public schools, including Winchester College, before taking them to his home and beating them with a cane in his shed.

Some of the victims had to wear adult nappies because of the bleeding they suffered.

Smyth was later able to travel to Zimbabwe and South Africa, where he is alleged to have continued his abuse.

He died in 2018.

A Chanel 4 News report summarizes the situation. 

In a Statement (full text) published yesterday, the Archbishop, Most Rev. Justin Welby, said in part:

Having sought the gracious permission of His Majesty The King, I have decided to resign as Archbishop of Canterbury.

The Makin Review has exposed the long-maintained conspiracy of silence about the heinous abuses of John Smyth.

When I was informed in 2013 and told that police had been notified, I believed wrongly that an appropriate resolution would follow. 

It is very clear that I must take personal and institutional responsibility for the long and retraumatising period between 2013 and 2024. 

Church of England Faces Controversy Over Insincere Conversions to Gain Asylum

 The Telegraph reports on the controversy in Britain over whether the Church of England has been misled into converting Muslim migrants whose only motivation is to claim asylum on the basis of a threat of persecution if they return to their home countries as Christians. The paper reported in part:

The Rt Revd Dr Guli Francis-Dehqani, the Bishop of Chelmsford, conceded it was “very difficult” to look into the hearts of converts and be 100 per cent certain that they were genuine.

She acknowledged there had been a “small number” of alleged abuses but said the clergy “do the best they can” and it was “ultimately” the job of immigration tribunals and the Home Office to assess and vet the validity of asylum claims.

Her comments come after robust denials by the Church of England of claims by senior MPs and whistleblowers that clergy have been routinely supporting “bogus” asylum claims and enabled a “conveyor belt” of thousands of asylum seekers to convert.

As reported by Law & Religion UK, questions about this issue were raised in Parliament last week, which in turn led the Archbishop of Canterbury last week to issue a statement (full text) in response, saying in part:

For refugees and those seeking asylum, we simply follow the teaching of the Bible which is to care for the stranger.

It is the job of the Government to protect our borders and of the courts to judge asylum cases. The Church is called to love mercy and do justice....

British House of Commons Debates Role of Bishops in House of Lords

In Britain last week (July 6), the House of Commons held a 90-minute debate on current law which gives 26 bishops of the Church of England the right to automatically have seats in the House of Lords. (Full text of debate.) The debate was led by Tommy Sheppard, the co-chair of the all-party parliamentary humanist group, who at the beginning framed the debate by saying in part:

There are only two countries in the world where clerics are automatically guaranteed a place in the legislature. One is the United Kingdom, and the other is the Islamic Republic of Iran. The question before us is whether we wish to be able to make that same comparison in future.

As the debate ended, he concluded: 

I want to stress that no one is suggesting that there is not a role for people of faith in our public life and in our Parliament. No one is suggesting that Anglicans should not be represented in the House of Lords or that bishops should not be in the House of Lords. In fact, 60% of the non-spiritual peers in the House of Lords identify as Christian, so it is hard to make an argument that that particular Church is under-represented in the upper Chamber. What we are talking about is whether this anachronistic situation of additional, guaranteed representation should exist for one Church and one institution alone, above all others.

Among those supporting the role of Bishops was Andrew Selous who said in part:

We have an angry and divided public square, social media lynch mobs, and so on. The world view that we pick up from the Church, however imperfectly demonstrated by the bishops, is one of love, forgiveness and grace, and we have never needed that more in our public life than we do at the moment. We need humility and hopefulness, and that is part of what the bishops point to. That is very necessary and extremely important in a troubled and hurting world. If it’s not broke, don’t change it.

And Neil Coyle who said in part:

I support reform of the House of Lords, but just targeting bishops for removal would leave the House full of Tory donors and political patronage, and that is not a House I would be happy to see.... Frankly, the composition of the upper House is less of an issue than its role....

I am mindful that a bishop at least represents a diocese, which gives them—more than others they sit with—a constituency, of sorts, to reflect in the House of Lords.... The bishops’ contributions come from their expertise and experience, are based on years of service, and are underpinned by values that are integral to what they bring to our upper Chamber.... Although there are so few bishops in the Lords, they have been crucial to narrow recent wins. Their votes have been decisive—I thank them for their service—including on the Government’s plan to sack nurses for daring to strike in favour of their employment rights and pay.... Lords should be commended for serving until 4 am, rather than being told that their contribution is unwelcome.

[Thanks to Law & Religion UK for the lead.]

King Charles Coronation Ceremony for First Time Includes Participation by Non-Anglican Faith Leaders

The Church of England has published (full text) the 42-page Authorized Liturgy for the Coronation Rite of His Majesty King Charles III along with Commentary on each portion of the liturgy. Unique to Charles' coronation is the participation of representatives of faith communities outside the Church of England. Representatives of other Christian communities will offer blessings during the Coronation service (see pg. 25). They are The Greek Orthodox Archbishop of Thyateira & Great Britain; The Moderator of The Free Churches; The Secretary General of Churches Together in England; and The Cardinal Archbishop of Westminster. The Church of England's Commentary to this portion of the liturgy reads:

The progress of ecumenical relations since 1953 means that, for the first time, this Blessing is to be shared by Christian leaders across the country.

In addition, non-Christian faith leaders will have a role in the Coronation. The ceremony begins with a Procession of Faith Leaders & Representatives of Faith Communities (see pg. 2).  The Commentary to the liturgy reads:

Faith Leaders and representatives from the Jewish, Sunni and Shia Muslim, Sikh, Buddhist, Hindu, Jain, Bahai and Zoroastrian communities will be part of the procession into Westminster Abbey. 

This represents the multi-faith nature of our society and the importance of inclusion of other faiths whilst respecting the integrities of the different traditions.

The ceremony ends with the new King receiving a greeting by representatives of the Jewish, Hindu, Sikh, Muslim, and Buddhist faith communities:

As the King stands before the Leaders and Representatives of the Faith Communities, they deliver the following greeting in unison. 

Faith Leaders & Representatives: 

Your Majesty, as neighbours in faith, we acknowledge the value of public service. We unite with people of all faiths and beliefs in thanksgiving, and in service with you for the common good.

The King acknowledges the greeting, and turns to greet the Governors-General.

The Commentary to this section of the Liturgy reads:

In an unprecedented gesture consolidating the significance of the religious diversity of the Realms, the Sovereign will take his final moments of the service to receive a greeting from the leaders and representatives from the major non-Christian faith traditions. 

In a spoken greeting these faith leaders and representatives speak with their own voices, as communities, but deliver the greeting in unison, as a community of faiths, united in the service of others, and in thanksgiving for His Majesty’s example this day, and every day of his reign. 

We remain grateful to all faith communities for exploring ways in which such an act of unity could be produced, and especially to the Jewish community for finding ways to make this possible without compromising the observance of Shabbat.

CNN reported that  England's Chief Rabbi was invited to stay at St. James Palace over the Sabbath so that he could walk to the ceremony at Westminster Abbey.  Catholic News Agency in an article titled Catholic prelate to participate in British coronation for first time since Reformation reported that the Catholic Bishops’ Conference of England and Wales in advance of the Coronation has issued a special prayer card with prayers for the King. Law & Religion UK has additional reporting on the coronation.

UK Government Issues Suggestions For Places of Worship To Take Part In Mourning For Queen

In Britain last Friday, the government's Department for Levelling Up, Housing and Communities issued National Mourning Period: Guidance for Faith and Belief Groups and Places of Worship. It contains liturgical and operational suggestions for religious venues that wish to take part in the Period of Mourning for Queen Elizabeth II. Law & Religion UK has links to additional resources.

Britain Moves To Coronavirus Closures, Including Churches

Yesterday in Britain, Prime Minister Boris Johnson announced stay-at-home restrictions for the country to combat the spread of COVID-19. He said in part:

To ensure compliance with the Government’s instruction to stay at home, we will immediately: .... we’ll stop all social events​, including weddings, baptisms and other ceremonies, but excluding funerals.

The Church of England quickly announced that all of its churches would close immediately. [Thanks to Law & Religion UK for the lead.]

Church of England Issues New Document On Christian- Jewish Relations

The Church of England last week released a new study titled God’s Unfailing Word-- Theological and Practical Perspectives on Christian–Jewish Relations. (full text). The Church headlined this summary in its release on the new document:

Christian theology played a part in the stereotyping and persecution of Jewish people which ultimately led to the Holocaust, a new reflection on Christian-Jewish relations issued by the Church of England acknowledges.

[Thanks to Scott Mange for the lead.] 

Church of England Court Permits Exhumation of Atheist From Hallowed Ground

The Hertfordshire Mercury reports on an unusual decision in Britain last week by a Church of England Consistory Court.  In In re Chestnut Cemetery (No. 1) re Exhumation of Hugill, (Consist. Ct., July 18, 2018), the Court permitted the exhumation of the cremated remains of an infant buried in 1982 in a Church of England cemetery.  The infant's parents are both Atheists, and they did not know at the time of the burial that the cemetery site was hallowed ground. They discovered this in 2017 and now seek to have the remains reburied in an un-consecrated plot. The court said in part:

The starting point is the presumption that the burial of human remains in consecrated ground is permanent.... However the Court has a discretion to permit exhumation in exceptional circumstances....

On the case that has been presented to me it appears that the most important and relevant of the factors referred to above is mistake. In particular, Mrs Wilson’s evidence that she was at all material times, until on or around September 2017, unaware that Lizzie’s remains had been interred in consecrated ground by reason of her total (and understandable) lack of contact with the funeral arrangements when they were made, and her evidence that, as an Atheist, the burial in these circumstances is something she would never have agreed to if she had been informed. These facts, in my judgment, amount to a fundamental mistake as to the arrangements made for the interment of Lizzie’s remains.

Britain's Court of Appeals Rules Against Gay Priest's Employment Discrimination Claim

In Pemberton v Inwood, (EWCA , March 22, 2018), the England and Wales Court of Appeal ruled against Jeremy Pemberton, a gay Church of England priest who was prevented from taking a position as a hospital chaplain when he married his same-sex partner.  Pemberton sued claiming employment discrimination and harassment. Lady Justice Asplin's opinion held that the action taken against Pemberton falls within a statutory exception from the Equality Act's discrimination provisions for religious organizations that impose various requirements regarding marriage and sexual orientation.  Rejecting Pemberton's harassment claim, Justice Asplin said in part:

If you belong to an institution with known, and lawful, rules, it implies no violation of dignity, and is not cause for reasonable offence, that those rules should be applied to you, however wrong you may believe them to be. Not all opposition of interests is hostile or offensive.

 The Guardian reports on the court's decision. (See prior related posting.)

English Consistory Courts Deny Requested Headstone Inscriptions

In England, Consistory Courts are ecclesiastical courts with jurisdiction over Church of England property and churchyards.  Two recent Consistory Court opinions deny families' requests for inscriptions on tombstones.  Law & Religion UK reports on a September decision from the Diocese of Carlisle refusing to allow the addition of a Masonic symbol to a headstone, concluding it is in violation of Churchyard Regulations. In a second case, The Telegraph reported yesterday on a decision from the Diocese of Ely refusing to allow a sentimental statement from a wife on her husband's headstone. The court said: A memorial stone is not the right place for a statement about how members of the family feel about the deceased nor how they would address him or her were they still alive. Passages of scripture, which have a timeless quality, are to be preferred."

Major British Theater Chains Reject Church of England Ad

The three largest movie chains in Britain-- Odeon, Cineworld and Vue-- all have policies against accepting political or religious advertising. Invoking these provisions, the theater chains have refused a 60 second advertisement produced by the Church of England promoting its JustPray.uk website.  According to Sunday's Guardian, the ad which the Church wanted to run before the showing of Star Wars: The Force Awakens (to be released Dec. 18) depicts each line of the Lord's Prayer being said by a different person, beginning with the Archbishop of Cantebury. The Church complained that this refusal chills free speech, and the Church's position has attracted some unexpected backers, including atheist (but free speech advocate) Richard Dawkins. [Thanks to Seth Tillman for the lead.]

800th Anniversary of the Magna Carta; What Did It Have To Do With Religious Freedom?

Today is widely celebrated as the 800th anniversary of King John's placing his seal on the Magna Carta (full text) at the demand of rebellious barons. (Background  from the National Archives). However it is actually a revised version agreed to 4 days later that laid the foundation for the rule of law and due process for all freemen.  That is the text that has survived. As recounted by the National Archives in an article titled Magna Carta and Its American Legacy:

Of great significance to future generations was a minor wording change, the replacement of the term "any baron" with "any freeman" in stipulating to whom the provisions applied. Over time, it would help justify the application of the Charter's provisions to a greater part of the population....

What is largely forgotten, however, is that the very first of the protections set out in the Magna Carta was for the English Church (which at this pre-Reformation time still acknowledged the authority of the Pope [background]):

Know that we, at the prompting of God and for the health of our soul and the souls of our ancestors and successors, for the glory of holy Church and the improvement of our realm, freely and out of our good will have given and granted to the archbishops, bishops, abbots, priors, earls, barons and all of our realm these liberties written below to hold in our realm of England in perpetuity.

In the first place we grant to God and confirm by this our present charter for ourselves and our heirs in perpetuity that the English Church is to be free and to have all its rights fully and its liberties entirely.

This was far from the final chapter in King John's relationship with the Church.  As recounted in Meeting at Runnymede from the Constitutional Rights Foundation:

King John ... secretly wrote the Pope asking him to cancel Magna Carta on the grounds that he signed it against his will. At the same time he continued to build up his mercenary army. Not trusting John's intentions, the rebel barons held on to London and maintained their own army.

Pope Innocent III replied favorably to King John's appeal. He condemned Magna Carta and declared it null and void.... The barons charged that King John had defaulted on his agreement with them and they were justified in removing him from the throne. They offered the throne to the son of the French king, if he would aid their rebellion.

A long and bloody civil war loomed across England, when suddenly, King John died....Ten days later John's nine-year-old son, Henry, was crowned as the new king of England. With John out of the way, the conflict gradually ceased. Less than a month after Henry was crowned, his supporters confirmed Magna Carta in his name. This time it received the approval of the Pope.

British Parliament Passes Measure To Permit Women Bishops In Church of England

In Britain yesterday, the House of Commons debated and gave final Parliamentary approval to the Bishops and Priests (Consecration and Ordination of Women) Measure  which provides for consecration of women as bishops in the Church of England and continues the provision for ordination of women as priests. The Measure will now be presented for royal assent. Law & Religion UK has an extensive report on the Measure, debate on it and remaining steps that need to be taken by the Church. The Measure also amended the Equality Act to provide that bishops will not be considered public officers. The effect of this, according to statements made during debate, is to "enabl[e] the Church to provide for those who, as a result of theological conviction, do not wish to receive episcopal oversight from a woman."

In Britain, Theology Student's Unemployment Benefits Ended For Attending Communion Instead of Interview

Church Times today reports on a decision in Britain, upheld on appeal, to cut off the unemployment benefits of a theology student because he skipped a required interview to attend a Church service.  Graham Hodson was granted benefits when his student-related job ended. A month later he was ordered to have an interview with a Jobcentre Plus personal adviser. His request that the interview be moved a half-hour later so he could attend the weekly Book of Common Prayer Service was refused. He attended the Church service anyway and had his benefits terminated for failure to show up at his interview.  Administrative regulations excuse failure to appear at an interview only if it is for good cause, defined to include: "that the established customs and practices of the religion to which the person belongs prevented him attending on that day or at that time."  A First Tier Tribunal held that Hodson's actions did not fit the exception because attending Communion on Thursdays, rather than another day, was a mere preference, not an established practice and custom of the Church of England. An Upper Tier Tribunal upheld the decision on appeal because Hodson had said that he would make other arrangements to attend Communion if he were offered a full-time job.

Church of England Issues Pastoral Guidance on Same-Sex Marriage

In Britain last week, the House of Bishops of the Church of England issued Pastoral Guidance on Same Sex Marriage (full text) in response to Parliament's enactment of the Marriage (Same Sex Couples) Act 2013. (See prior posting.) The Bishop's statement says in part [emphasis in original]:

12.  When the Act comes into force in March it will continue not to be legally possible for two persons of the same sex to marry according to the rites of the Church of England. In addition the Act makes clear that any rights and duties which currently exist in relation to being married in church of England churches do not extend to same sex couples....

18.  We recognise the many reasons why couples wish their relationships to have a formal status. These include the joys of exclusive commitment and also extend to the importance of legal recognition of the relationship. To that end, civil partnership continues to be available for same sex couples. Those same sex couples who choose to marry should be welcomed into the life of the worshipping community and not be subjected to questioning about their lifestyle. Neither they nor any children they care for should be denied access to the sacraments....

20.   The 2005 pastoral statement said that it would not be right to produce an authorized public liturgy in connection with the registering of civil partnerships and that clergy should not provide services of blessing for those who registered civil partnerships. The House did not wish, however,  to interfere with the clergy's pastoral discretion about when more informal kind of prayer, at the request of the couple, might be appropriate in the light of the circumstances....

21.  The same approach ,,, should therefore apply to couples who enter same-sex marriage, on the assumption that any prayer will be accompanied by pastoral discussion of the church's teaching and their reasons for departing from it. Services of blessing should not be provided. Clergy should respond pastorally and sensitively in other ways....

27.  The House is not, therefore, willing for those who are in a same sex marriage to be ordained to any of the three orders of ministry. In addition it considers that it would not be appropriate conduct for someone in holy orders to enter into a same sex marriage, given the need for clergy to model the Church's teaching in their lives.

Law & Religion UK blog has more on the Bishop's statement.

British Employment Appeal Tribunal Remands Unfair Dismissal Claim By Church of England Rector

In Sharpe v The Worcester Diocesan Board Of Finance Ltd., (UK EAT, Nov. 28, 2013), Britain's Employment Appeal Tribunal remanded for further consideration an appeal by an ordained minister in the Church of England who argued that his service as a Rector is covered by the  Employment Rights Act 1996.  Petitioner claimed that he had suffered detrimental treatment and was constructively and unfairly dismissed as a result of his making protected disclosures.  The Appeals Tribunal held that the UK Supreme Court  decision earlier this year in President of the Methodist Conference v. Preston, (UK Sup. Ct., May 15, 2013), requires a focus on "whether there was an express contract between the Claimant and the Bishop, having regard to the rules and practices of the Church and the particular arrangements made with the Claimant." Explaining the Preston holding that a Methodist minister is not covered by the Employment Rights Act, the Appeal Tribunal said in part:

For a number of reasons... the rights and duties of ministers in the Methodist Church were found to arise entirely from their status in the constitution of the Church, and not from any contract.....

Law & Religion UK blog also has  coverage of the decision.