Britology Watch: Deconstructing \’British Values\’

6 January 2013

Inconsistent, dangerous and irrelevant: Proposed changes to the rules of succession

Further to my previous post, on the 2011 Census and gay marriage, it is noteworthy that, during December, another draft bill was published that relates to the issues of marriage equality and of England’s Christian establishment and history. This is the Succession to the Crown Bill 2012.

The Bill, which is expected to be rushed through ahead of the birth of the Duchess of Cambridge’s baby, makes two main provisions:

  1. Abolition of primogeniture: the rule that specifies that it is the first-born male who inherits the crown, even if one or more female children have been born to the existing monarch or their heir before the arrival of a male child. Now it will simply be the first-born child of the monarch or heir who will succeed to the throne, whether that child is male or female
  2. Right for the monarch or heir to marry a Roman Catholic: since the Bill of Rights of 1689, the monarch or heir has been barred from marrying a Roman Catholic, to help ensure the Protestant succession (more on this below).

The rationale that is given for these changes is that they do away with two instances of discrimination – against women and against Roman Catholics – that no longer appear justifiable in these equality-minded times of ours. But the fact that this Bill was published in the same month as the government’s proposals on gay marriage shows how absurdly inconsistent this rationale actually is. For example, if the basis for making the changes is equality, then why not allow the monarch or heir to marry someone of the same gender like the rest of the population? The Bill refers to the abolition of primogeniture as ensuring that “succession to the Crown [is] not to depend on gender”. Well, why not then “remove the disqualification” to the Crown – as the bill might put it – from marrying someone of the same gender?

And if we really want to apply the principle of equality consistently, then why not allow the monarch or heir to actually be a Roman Catholic as well as merely being allowed to marry one? And come to think of it, why should it be automatically the first-born child that inherits the Crown? Isn’t that discrimination against the later children? The first-born might be intellectually challenged or have flaws of character making her or him entirely unsuited to the Crown: a fact that has been sadly illustrated on numerous occasions in the history of England’s kings and queens! And ultimately, the real problem, from the point of view of equality, is the principle of a hereditary monarchy itself: why should anyone inherit the role of UK head of state nowadays? My point is that it’s completely ludicrous to defend these changes as being carried out for the sake of equality, as the whole institution of the monarchy is based on radical inequality!

Returning to my rhetorical question of why a monarch or heir should not be allowed to marry someone of the same gender once gay marriage becomes law: in actual fact, the various parliamentary Acts that deal with the rules of succession, including the present Bill, do not specify gay marriage as a factor barring someone from the throne. However, this is still excluded by virtue of the fact that the present or prospective monarch, as the Supreme Governor of the Church of England, has to be married in an Anglican ceremony. And as the Church of England will be prohibited from conducting gay weddings under the gay-marriage legislation, this cannot happen, at least not without further changes to the law.

In an attempt to shore up the exclusion of gay monarchical marriage, the Succession to the Crown Bill 2012 retains the requirement for the six persons next in line to the throne to seek the consent of the current monarch if they wish to get married. If they marry without that consent, then they are barred from the throne. As Supreme Governor of the Church of England, the monarch is hardly likely to consent to their heir marrying someone of the same gender – i.e. in a non-Anglican rite – as this would be a direct challenge to the very established character of the Church of England, which it is the monarch’s role to defend.

In addition to these religio-political considerations, allowing the heir to the throne to marry someone of the same gender also counteracts one of the central purposes of a royal marriage, which is, precisely, to ensure the succession: to produce children who will form the line of succession to the throne – albeit that a first-born female will now automatically be at the head of the queue. In this sense, royal marriage retains one of the primary characteristics of traditional Christian marriage that will be lost from English Law’s definition of marriage once gay marriage comes into effect: that it is intended for the raising of children.

All of this perhaps seems somewhat academic and theoretical. But it is in fact not beyond the bounds of possibility that a future first- to sixth-in-line to the throne might wish to marry someone of the same gender and could find themselves prohibited from doing so by the queen or king. Imagine the uproar that would ensue! It would result in all manner of legal challenges, which would be added to the list of challenges that would already have been brought against the prohibition of gay marriage in the Anglican churches of England and Wales. And before we knew it, the monarch or heir could be free to marry whoever (s)he liked in whatever sort of ceremony, and freed of her / his obligation to head up the Church of England, which itself would be ‘free’ to conduct gay weddings, or not, by virtue of no longer being the established Church.

So the Succession to the Crown Bill 2012 in general is grossly inconsistent in its application of equality principles, and it is also dangerous, in that it chips away at the foundation stones of a hereditary Protestant-Christian monarchy it ostensibly sets out merely to reform. The specific provision allowing the monarch or heir to marry a Roman Catholic (but not one of the same gender or to be one) is similarly inconsistent and dangerous, although perhaps also irrelevant. For a start, the fact that the present or future monarch is allowed to marry an RC doesn’t make it likely they would do. As the law presently stands, the monarch is allowed in theory to be married to a Muslim, Jew, Hindu, or member of any non-Anglican-Christian religion or of no religion. But it hasn’t happened. The reason for this is that the consort effectively needs to be Anglican even if they do not have to be, for the reasons given above: the royal marriage marks a necessary formal step towards ensuring the Anglican succession via the procreation and raising of an heir who will eventually be Supreme Governor of the Church. It was for this reason that the Duke of Edinburgh converted from Greek Orthodoxy to Anglicanism prior to marrying our present queen.

Any prospective Roman Catholic consort would most likely be prevailed upon to similarly convert to Anglicanism before marrying the monarch or heir. If, however, their devotion to the Catholic Church was so great that it overrode any sense that supporting their prospective spouse in her or his role as Defender of the Faith could also be considered a sacred, Christian calling of equivalent merit to their Catholic faith, then the marriage would almost certainly be called off. This would be a) because the unwillingness of the future prince or queen consort to switch denominations would be a cause of relationship break-down, or b) because this refusal would trigger a denial of consent for the couple to marry on the part of the reigning monarch, on similar grounds that consent would be denied if the heir wished to marry someone of the same gender: that it was an unsuitable match for a would-be British monarch and Supreme Governor of the Church of England, and guarantor of the Protestant succession.

If, however, the couple still wished to get married, and had obtained the consent of the queen or king to do so, there is still no guarantee that the marriage could go ahead. This is because, in order for an Anglican wedding where one of the participants is Catholic to be considered valid by the Roman Catholic Church, it needs to be approved by the local Roman Catholic bishop; and the couple needs to give an undertaking to raise their children as Catholics. In other words, the Catholic Church would once again be in a position to approve or deny a wedding involving the British monarch or her / his heir! Isn’t that what all the trouble between Henry VIII and the Holy See was all about in the first place? Of course, it was; and that’s precisely what the prohibition of the monarch from marrying a Roman Catholic is intended to prevent!

Clearly, such a situation would be completely unacceptable to the UK government, the monarchy and most British people. Any monarch insisting on marrying a Roman Catholic (thereby undertaking to raise their children as Catholics) would almost certainly be forced to abdicate, just as Edward VIII was obliged to do when he insisted on marrying a divorcee (i.e. in a non-Anglican ceremony). And any heir demanding to marry a Roman Catholic would almost certainly be denied permission to do so by the reigning monarch, or else be removed from the succession. That’s unless the Church of England were disestablished and the monarch were relieved of her / his role as Supreme Governor – in which case, they could do pretty much whatever they wished.

In other words, the changes to the rules of succession put forward in the Succession to the Crown Bill 2012 are inconsistent, dangerous and irrelevant. They are predicated on principles of equality they cannot consistently fulfil, because to do so would mean the end of the Protestant-Christian succession itself. In addition, it is unlikely that the provision allowing the monarch to be married to a Roman Catholic will ever be acted on by any queen or king, unless disestablishment has taken place. But by applying equality principles to a hereditary monarchy – however inconsistently – the Bill creates grounds for further legal and political challenges to the present establishment.

This is no bad thing, perhaps – other than the fact that a wholesale demolition of the present establishment could result in the abolition of England as a Christian nation and, indeed, as any type of civic nation, as I argued in my previous article. Clearly, England’s demise would be a tragedy under any circumstances. But to happen as a result of the constitutional illiteracy and woolly-minded egalitarianism of the present omnishambles that passes for a British government would be worse than a tragedy: it would be a theatre of the absurd!

2 Comments »

  1. You overstate the impossibility of a bishop allowing a royal marriage with a catholic.

    The Apostolic Letter on mixed marriages of Paui VI from 1970 actually states this:

    1. A marriage between two baptized persons, of whom one is a Catholic, while the other is a non-Catholic, may not licitly be contracted without the previous dispensation of the local Ordinary, since such a marriage is by its nature an obstacle to the full spiritual communion of the married parties.

    2. A marriage between two persons of whom one has been baptized in the Catholic Church or received into it, while the other is unbaptized, entered into without previous dispensation by the local Ordinary, is invalid.

    3. The Church, taking into account the nature and circumstances of times, places and persons, is prepared to dispense from both impediments, provided there is a just cause.

    4. To obtain from the local Ordinary dispensation from an impediment, the Catholic party shall declare that he is ready to remove dangers of falling from the faith. He is also gravely bound to make a sincere promise to do all in his power to have all the children baptized and brought up in the Catholic Church.

    http://www.catholicdoors.com/misc/marriage/mixed.htm

    The get out is of course that ‘all in his power’ and also that Catholics do regard baptism by Anglican and other mainstream protestant churches as valid – otherwise they’d still be re-baptising converts,

    So a child being baptised as an Anglican because the other party insisted upon it would not necessarily violate 4 as long as the Catholic party to the marriage promised before the marriage to attempt to persuade the non-Catholic one to allow a Catholic baptism for all hypothetical children.

    That agreement not being given would not invalidate the marriage when it has already taken place.

    Comment by Roger McCarthy (@RF_McCarthy) — 6 January 2013 @ 10.09 pm | Reply

    • Thanks for the clarification. Agreed there’s wriggle room around the phrase “all in his power”; but equally, the Catholic party shouldn’t make a solemn promise (to try to bring the children up as Catholics) (s)he knows (s)he won’t be able to fulfil. In the instance that the children are baptised as Anglicans, if the Catholic spouse continues to educate them in the Catholic faith, there’s a chance they might wish to eventually be confirmed as Catholics or ‘convert’ to Catholicism. This is the kind of uncertainty the system, and the existing bar on marriages to Catholics, is designed to eliminate. And the monarchy still wouldn’t relish the idea that the ‘validity’ of the royal marriage would be dependent on an adjudication from a Catholic bishop.

      The point I was making was that there are still huge obstacles to a marriage between a British monarch / heir to the throne and a Catholic; and the requirements around the conditions for such a marriage to be approved by the Catholic Church are just one of them. The system is designed to perpetuate a Protestant succession. Hence, changes that go radically against that constitutional design can neither be followed through consistently without destroying the whole edifice, nor can they be implemented practically so long as the system and its underlying objectives remain in place.

      Comment by David — 7 January 2013 @ 8.28 am | Reply


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