Revd Canon Dr Judith Maltby is Chaplain, Fellow and Dean of Welfare of Corpus Christi College, Reader in Church History in the University of Oxford, and a member of the General Synod of the Church of England
(the first in a series of four: based on a presentation to the June 26th Symposium on Same-Sex Marriage in the Church of England organised by Sir Ben Bradshaw and Jayne Ozanne)
In February 2023, the General Synod of the Church of England debated and passed by a sizeable majority a paper from the House of Bishops which is intended to move the needle in a positive direction towards equality for LGBT+ people. Such reform impacts on laypeople and clergy active within the Church but also on the wider public the Established Church seeks to serve, chiefly through the parochial system and sector chaplaincies. This wider public turn to the Church for food banks, youth work and elder care and at key ‘life events’, or ‘occasional offices’ of baptism, marriage and funerals. Marriage, of course, is at the heart of the issue. The House of Bishops’ proposals to Synod in February were the result of a lengthy six-year process known as Living in Love and Faith. I know it was a lengthy and careful process – I was a member of one of LLF’s working groups.
In February, before Synod, a group of about a dozen cross-party Parliamentarians met with Archbishop Justin. It was, according to the Guardian and Telegraph, a heated meeting, at which Parliamentarians ‘threatened’ disestablishment if the Church did not change its position to allow equal marriage. The Telegraph reported that ‘the Archbishop of Canterbury has vowed that he will not be told what to do by MPs over blessings for same-sex couples’. Later that month, while at the global Anglican Consultative Council meeting in Ghana, the BBC reported that the Archbishop spoke of being ‘“threatened with parliamentary action” in an attempt “to force same-sex marriage” into the Church of England’.
There is a lot of alleged ‘threatening’ going on by MPs as well as the implied criticism that Parliamentarians were somehow out of line to take a genuine interest in how the Established Church serves the nation. I would like to put the Archbishop’s remarks into historical context in terms of the relationship between Parliament and the Established Church of England. I am principally a historian of the 17th century, but you will be relieved that I only want to go back about 30 years to another significant equality issue in which Parliament and Church interacted: the ordination of women to the priesthood in the early 1990s and the consecration of women as bishops in the 2010s.
In 2011, I co-edited a collection of essays with two other Oxford colleagues, called The Established Church: Past, Present and Future. The book came out of a day conference on the same topic. I am a cradle Anglican but moved to England from the United States in 1979 to begin doctoral studies and have lived here ever since. In my 20s and even into my 30s, I thought Church Establishment to be frankly bizarre – who wouldn’t coming from abroad? But over the years, I have become a ‘critical convert’ to it. The day conference came about because whenever I heard a bishop on the radio defending establishment, I wanted to dis-establish it. Surely, there were more robust and creative ways to understand the public good of Establishment than the tired truisms that get trotted out. That is what we set out to do, though not all the contributors were of one mind on the subject.
My own chapter looked at gender and Establishment. The research was prompted by an exchange in Synod in 2010, rather like the one I started with, between the new Second Church Estates Commissioner, Tony Baldry, MP and the then bishop of Durham, Tom Wright. Baldry, characteristically, gave Synod some nuanced and honest advice that the Commons would look dimly on a measure to consecrate women as bishops that was discriminatory – that is, that treated bishops who were women differently than bishops who were men. Tom Wright, in his last speech before resigning his see, attacked Baldry in the chamber, claiming that he had said (which Baldry had not) something like ‘the political winds were blowing this way, and so the church had better get in line’. With rhetorical flourish, Wright said: ‘The day the Church ceases to be able to say we must obey God rather than human authority will be the day it ceases to be the Church.’ His remarks were greeted by thunderous applause in the Synod chamber as it is a statement, on face value, pretty much impossible for any Christian to disagree with.
As I said, this exchange was the motivation for my own chapter in the book. I had a sense, although I had never explored it in detail, that the creation of Provincial Episcopal Visitors (or ‘Flying Bishops’ as they have come to be known) was the result of pressure from the Ecclesiastical Committee of Parliament, as it was not part of the Synodical Measure that passed Synod in November 1992.
Some of you, like me, will remember that momentous vote in 1992 in General Synod, approving the ordination of women to the priesthood. The 1992 Measure certainly did not treat women priests equally with their male counterparts. It:
- Exempted women clergy from any protection provided by the 1975 Sex Discrimination Act
- Created Resolutions A and B ‘to protect’ parishes from women clergy
- Explicitly excluded women from the episcopate
- Guaranteed that no bishop would be ‘forced’ to ordain women
- Provided financial provision to ‘compensate’ male clergy who felt they needed to leave the Church because of the ordination of women to the priesthood
You might think that that was quite enough compromise and ‘protection’ for opponents.
And you might also be thinking, there is no mention whatsoever here of Flying Bishops – an invention entirely without historical precedent to address an issue on which Anglicans were not of one mind. There is a very, very long list of things about which Anglicans are not of one mind, but never before has an episcopal sub-structure been created to meet the needs of a particular theological constituency.(1) And what a dangerous precedent it set for dealing with disagreement as we now see attempts to apply the model to other theological disputes.
Where did this theological and ecclesiological innovation come from? Well, Parliamentarians, I hate to tell you, it came from you. Hours spent on Hansard, which in 2010 had the slowest search engine I’d ever come across: there it all was in the proceedings of the Ecclesiastical Committee, a committee of both Houses, whose job it is to decide whether a Synodical Measure is ‘expedient’ to go to the Commons and Lords for approval.
A cross-party group of MPs, chiefly Frank Field, Simon Hughes, Patrick Cormack, and John Selwyn Gummer pushed for even greater concessions to those opposed to the ordination of women than were already in the Measure. In fact, the vast majority of time spent by the Ecclesiastical Committee in 1993 was on how to provide even more ‘safeguards’ for those opposed to women in the priesthood. Such involvement by Parliamentarians was entirely appropriate, as Frank Field maintained, as it was part of their:
… function as parliamentarians … to protect the interests of constituents who may be adversely affected by a [Church] Measure …. we are quite rightly … much concerned with, and will no doubt spend much time on, how the position of minorities is protected.(2)
Going back to this material recently to prepare this piece, I was struck by the extensive use by Parliamentarians in the early 1990s of ‘safeguarding’ language – that male clergy might somehow be ‘victims’ of some sort of ‘abuse’ merely by the existence of women clergy. It is very chilling language now in the light of the recent series of catastrophic and real safeguarding failures in the Church that are piling up. But in the early 1990s, while Bishop Peter Ball was committing terrible abuse, somehow it was women priests who were seen as the people from whom other Church members needed ‘safeguarding’.
The bishops, I’m afraid, caved in to this Parliamentary pressure and these ‘threats’ and produced the Act of Synod of 1993, putting it in place for the Ecclesiastical Committee to deem it expedient for the Measure to go to Parliament for a vote in October and November 1993. The Measure passed handsomely – 10:1 in the Commons and 7:1 in the Lords – and several hours of parliamentary time was set aside for debate. Thanks to the Ecclesiastical Committee, even more ‘safeguarding’ was provided and the equality of women clergy even more eroded. Both Field and Hughes spoke in the debate in the House, proudly outlining how the Ecclesiastical Committee had been key in the creation of Flying Bishops.
I have time to touch only briefly on women in the episcopate, but we can see significant culture change from the early 1990s to the early 2000s. MPs used Early Day Motions from the early 2000s onwards to raise the question, with increasing impatience, of when the country can expect the Established Church to have women bishops. In their remarks, MPs often praised the public good provided by the Church’s parochial system and the women priests who were serving the wider community through it.
Reflecting on this history challenges any notion that Parliamentarians taking an interest in the affairs of the Established Church is in anyway improper or unusual in the modern era. In the early 1990s, Parliamentarians ensured there was even more discriminatory provision against women priests and gave us Flying Bishops. By the early 2000s, MPs were repeatedly raising questions about the exclusion of women from the episcopate of the Established Church. You will remember the outcry in the Commons when the Measure narrowly failed to achieve a two-thirds majority in the House of Laity in 2012. As the Church of England obsesses with its narrative of decline and lack of relevance, it is ironic that when the members of the public legislature of the country actually take an interest in the Church because they believe it to matter, such interest is perceived as ‘interference’ and ‘threatening’. In a way, I agree with Frank Field when he said it was their function as Parliamentarians: ‘… to protect the interests of constituents who may be adversely affected by a [Church] Measure’.(3)
In 1993, the ‘interests of constituents’ were understood to mean providing yet more discriminatory measures against women. In the past 20 years or so, the attention of MPs to ‘the interests of [their] constituents’ is about promoting equality in the way the Established Church orders its life and serves the wider community. The modern relationship of Parliament and the Church of England is more complicated than accusations of ‘threatening’ behaviour support.
