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WQ.44/2022
WRITTEN QUESTION TO THE DEAN OF JERSEY
BY DEPUTY M. TADIER OF ST. BRELADE QUESTION SUBMITTED ON MONDAY 31st JANUARY 2022 ANSWER TO BE TABLED ON MONDAY 7th FEBRUARY 2022
Question
“In light of the lodging of the Draft Marriage and Civil Status (Amendment No. 5) (Jersey) Law 202- (P.6/2022), will the Dean –
- state whether, to inform the development of the Draft Law, he advised the Government of his support for the ‘quadruple lock’ proposed in the Draft Law; and
- advise what information, if any, he provided to the Government on the views of the Church since the introduction of same-sex marriage towards same-sex and transgender couples being able to marry officially under Canon Law, including the Church’s current thinking on this matter?”
Answer
- Article 9 of the European Convention on Human Rights guarantees the right to freedom of thought, conscience and religion, and the Act protects and promotes religious freedom through the Government’s ‘quadruple lock’, which was enshrined in Article 7 of the Marriage and Civil Status (Amendment No.4) (Jersey) 2018. This ensures that religious organisations and their representatives can continue to act in accordance with their doctrines and beliefs with regard to marriage. The Quadruple lock remains substantially unchanged in the Draft Marriage and Civil Status (Amendment No.5) (Jersey) Law 202- and therefore there was no discussion surrounding this particular point when the Dean was briefed on P.6/2022.
- Neither the Church of England in Jersey or the Dean has the legal power to revise or amend the official teaching of the wider Church of England in doctrinal matters. This is a matter for its Bishops and the Church of England’s Legislative body, the General Synod. Currently, it is unlawful for Church of England Clergy to conduct same sex marriages, although General Synod will be addressing these matters in this current quinquennium. Therefore, in his briefing on P.6/2022, he did not provide the Government with his views of the Church on same sex marriage and transgender couples being able to marry in the Church, as Canon Law regarding marriage remains unchanged at present.