Monday, January 16, 2012

MORE ON DR JEFFREY JOHN AND HIS ALLEGED LITIGATION AGAINST THE CHURCH OF ENGLAND

Thus far The Independent seems to have the most reliable coverage of the alleged litigation being prepared by Dr John and his legal advisers against the Church of England.
Under current equality laws religious organisations are are given dispensation to discriminate against those who do not comply with their teachings, allowing clerics like Dr John to be passed over, and mosques to only have male imams, for example. Were the Church's current stance on homosexuality to be tested in court the Church would almost certainly win, for if it didn't the very existence of many faiths would be under threat. But by forcing the issue those at the top would be forced to confront some embarrassing - and extremely divisive - issues.

Some of those who know him expressed surprise that he would take such a step. "Jeffrey's always wanted to do things within the church," said one. "He's not the litigious type."

Others questioned where the leak came from. "It's so obviously deeply counter-productive to Jeffrey," said another colleague. "It makes him look like he's saying promote or I'll sue. It's a rather good way of smearing him."
The newspaper report includes a photo of a nasty sign, which I don't see as necessary, but I admit the sign is the reality for some who oppose the appointment of gay bishops.
The Independent also understands Dr John was not even long-listed for the currently vacant post of Bishop of Edinburgh, meaning no church leader was willing to put him forward for another key diocese with liberal leanings.
More's the pity. I expect Jeffrey John will not be a bishop, which is very much the Church of England's loss.

Read the article which reminds us of what conservatives happily label "The Jeffrey John clause", in which gay persons are asked to repent of their "physically homosexual past", whereas such repentance is not asked of heterosexual candidates, a Catch-22, which is about as blatantly discriminatory as one can imagine.

UPDATE: Andrew Brown in the Guardian thinks it is unlikely that Jeffrey John will sue the Church of England because he keeps his personal life private, which he could not do in the midst of litigation, and because he will lose the case anyway.
Last year the Church of England published a legal opinion that makes it quite clear that it believes it is legal to discriminate against John, not because he is gay, since he is also celibate, but because he is not in the least bit ashamed of being gay. That is what sticks in the craw of the conservative evangelicals who oppose him. They have moved on from supposing that it is absolutely wrong to be gay. They now believe that it is OK to be gay providing that you are very unhappy about it.
....

Look at the small print of its legal opinion on civil partnerships, transparently designed to prevent John from being able to sue for discrimination. No selection committee would ask straight candidates for a job whether they had ever had pre-marital sex, and, if they had, whether they were jolly sorry for it. Yet the Church of England believes that it is legally and morally OK to ask the equivalent questions of gay men: "Whether the candidate had always complied with the church's teachings on sexual activity being solely within matrimony; whether he had expressed repentance for any previous pre-marital sexual activity."
As the late, great Molly Ivins said so often, you can't make this stuff up.

UPDATE 2 from Jim Naughton at The Lead:
Articles appeared in several British newspapers over the weekend suggesting that Dean Jeffrey John of St. Alban's Cathedral was going to sue the Church of England for discrimination unless he is made a bishop. We don't think these stories were quite right.

It is our understanding, after some extensive conversations, that what John has done is hire a lawyer to inform the Church of England that provisions which prohibit anyone in a civil partnership--be they gay or straight, celibate or sexually active--from becoming a bishop exceed even the generous exemptions provided for religious organizations in the Equality Act of 2010.

17 comments:

  1. Your last paragraph reminds me of the double standard that came to light in last night's episode of Downton Abbey: apparently in that era (1917) a woman could easily be divorced if she committed adultery, but a man could have a mistress or other dalliance and only if some added fault, such as cruelty, entered the picture could the wife have grounds for a divorce. Just like biblical times!

    The Church of England is coming more and more to resemble the Animal Farm that Orwell so clearly described: all are equal, but some are more equal than others. There are standards, and then there are standards for some!

    ReplyDelete
  2. "Were the Church's current stance on homosexuality to be tested in court the Church would almost certainly win, for if it didn't the very existence of many faiths would be under threat.”

    I find this paragraph to be extreme and shocking. Really? The “very existence” of many faiths is predicated upon them being allowed to discriminate freely? If that is true then I am not so sure that the existence of these faiths is a net plus for humanity.

    I’ve always wanted to believe that all these faiths shared a common purpose to elevate humanity above its natural lowly animalistic station of survival into something more sublime and holy but if it is simply about being allowed to freely label others as undesirable and worthy of banishment and destruction then maybe we’d be better off without them all.

    Perhaps I’m the one who is being extreme and shocking but I can’t believe this over the top rhetoric has a place in any dialog about dignity, equality, faith, and reason.

    ReplyDelete
  3. The newspaper report includes a photo of a nasty sign

    Didn't that look like that character MadPriest used to feature? Augustus Smallpecker or something? >;-/

    ***

    Good DA reference, Tobias! [I'm glad they had Anna say "That's not very fair" in sympathy w/ Mrs Bates. Even though she wants to replace her w/ that title.]

    Even if it's soapy, love this show. <3

    ***

    Yes, Brian, that quote left me gobsmacked as well.

    But when you look at something like ACNA, that really IS the name of the game: their existence would be under threat, if they couldn't hate Teh Gays.

    ReplyDelete
  4. Apt analogies, Tobias. I cannot believe the leadership in the Church of England is behind this sort of nonsense. If the policies were not so harmful to so many, they'd be a laughing stock. As it is, I want to cry. And they are a laughingstock or worse, completly dismissed as not even worthy of notice

    Brian, reason, fairness, and good sense seem to have been deposited in the dustbin in the name of of a completely false concept of religious freedom.

    JCF, that would be Athanasius Smallwick. I can't even stand to look at the sign

    ReplyDelete
  5. PS: for those following the comment thread, I added an update linking and quoting Andrew Brown at the Guardian. Good stuff.

    ReplyDelete
  6. I tend to think John+ is being smeared here. I can't imagine anything more counter-productive than litigation of this matter.
    If he wants to embarrass the C of E, all he has to do is sit and wait. The church hierarchy can be counted on to regularly crap all over itself when it comes to sexual minorities.

    ReplyDelete
  7. Athanasius Smallwick's sign really is revolting.

    ReplyDelete
  8. Counterlight, I agree that the leaks were very likely a smear.

    And the sign... Some folks are drawn to the gutter.

    ReplyDelete
  9. The Lead has a very good article on this now.
    It seems that JJ was telling the church that its policies would not stand up in a court of law because they actually exceed the limits of the negotiated opt-outs.

    And that someone had leaked this information - someone who a. wants to see the CoE more publicly embarrassed and someone who wants to smear JJ at the same time.

    Now THAT finally makes sense to me.

    ReplyDelete
  10. Erika, thanks. I added an update to my post quoting and linking to Jim Naughton at The Lead.

    ReplyDelete
  11. Right, so it's a conservative type who has leaked it then, if the Lead is right? Someone who's actually anti-gay? That would explain why it was in the Mail first.

    ReplyDelete
  12. Cathy, that would be my guess. I was not going to move ahead with the story on the basis of reporting in the Mail. Once the story is out there, the other newspapers seem to feel compelled to take it up, no matter if their sourcing is weak.

    ReplyDelete
  13. In the comment section of Thinking Anglicans for this thread Martin Reynolds has posted a long analysis of this - which is also very good and insightful!
    He says that this piece of legal advice dates back to the nominations process for Southwark -almost two years!
    Interesting that it should have been leaked now.

    ReplyDelete
  14. I came to praise Martin Reynolds' posts at TA and Erika is here before me. Reynolds' comments are indeed, as she says, "very good & insightful". Here is the link to the thread. Reynolds' observations begin about half-way down the page.

    ReplyDelete
  15. Thanks, Erika and Lapin. Martin's commentary is excellent. I'd like to post all three comments here. I wonder if that's allowed.

    The link in my update to Jim Naughton at The Lead was broken and is now fixed.

    ReplyDelete
  16. Mimi,
    you could always check with Simon Sarmiento, but I would have thought it's ok to quote those comments, they're in the public domain after all. And I notice that Colin Coward has blogged about them on the Changing Attitude blog.

    ReplyDelete
  17. Thanks, Erika. If Colin Coward can do it, I guess I can, too.

    ReplyDelete

Anonymous commenters, please sign a name, any name, to distinguish one anonymous commenter from another. Thank you.