Scottish Catholic Observer

The Scottish Government has dismissed Cardinal Keith O’Brien’s call for a referendum on the future of marriage, opting instead for a sub committee to look for ways to protect ‘religious freedom and freedom of speech’ if it decides to legalise same-sex ‘marriage.’

Expectations that First Minister Alex Salmond and his cabinet would make a decision on the matter on Tuesday were not met but they did reject Cardinal O’Brien’s call for a referendum on marriage regardless of the fact that a recent poll found a majority of Scots wanted the matter decided by the public, not the Scottish Parliament.

After the SCO went to press this week Cardinal O’Brien again urged the Government to heed public opinion on the matter.

“The serious implications for freedom of belief and expression of redefining marriage should be as important to a free society as any constitutional matter,” he said. “In setting up a sub-committee to examine the implications of redefining marriage we have at least an acknowledgement of the grave concerns raised.

“In light of the unprecedented strength of response to the consultation paper I remain eager to hear the outcome of the consultation and to have an indication of how the people of Scotland regard the issue.”

Cabinet members this week continued to prevaricate on government proposals on legalising same-sex ‘marriage,’ postponing a decision on whether to go ahead until the end of the month—and possibly until after Westminster changes equalities law according to a leaked document on Wednesday.

Call for a referendum

Cardinal O’Brien, president of the Bishops’ Conference of Scotland, said this week that ‘if it is sensible to hold a referendum on independence, it is crucial that we have one on marriage.’

A public consultation on the plans for same-sex ‘marriage’ attracted 77,000 responses—the majority of which the Scotland for Marriage campaign believe opposed same-sex ‘marriage’—while the consultation on an independence referendum attracted just 26,000 responses.

“It is the only way the country can move forward on this issue [of marriage],” the cardinal added. “Let all those who have a view on this subject place their trust in the Scottish people and let Scotland decide.”

Despite the recent ComRes poll finding that 50 per cent of Scots agreed with the cardinal’s call for a referendum on marriage, a Scottish Government spokesman told the SCO on Tuesday that a referendum ‘would not be appropriate.’

“During the discussion, recent calls for a referendum on the subject were carefully considered,” the spokesperson said. “However, cabinet views this as an issue of conscience not constitution. Given that if a bill is brought forward it should in the view of the Scottish Government be determined by a free vote, cabinet has concluded that a referendum would not be appropriate.”

Delay and hope

The government spokesperson added that the cabinet’s repeated delays in making a decision on the legal definition of marriage were because ‘this is an important issue and it is right that cabinet takes the time to get both the principle and the detail of the decision right.’

“The Scottish Cabinet today had the opportunity to discuss same-sex ‘marriage’ in great detail and consider all views represented in the consultation responses,” the cabinet said in a joint statement on Tuesday. “We remain committed to publishing the consultation responses and our clear decision on the way forward before the end of this month.”

A cabinet sub-committee—which includes Deputy First Minister Nicola Sturgeon, Justice Minister Kenny MacAskill and Education Minister Mike Russell—was formed this week to look at how to protect ‘religious freedom and freedom of speech’ before ‘a final decision is reached.’ The group, which is being advised by Lord Advocate Frank Mulholland, will look at ensuring churches and religious celebrants opposed to same-sex ‘marriage’ can opt out.

“I hope that this 11th hour decision of the Scottish Government to appoint a cabinet sub-committee to clarify some issues associated with same-sex ‘marriage’ legislation indicates that they have woken up to some of the potential consequences of such legislation,” Michael McGrath, director of the Scottish Catholic Education Service told the SCO. “Many months ago we raised with Mike Russell our concerns about the consequences for teachers—especially teachers in Catholic schools—if they refused to promote this re-definition of marriage. We now look to him and to the First Minister to hold to their previous assurances that legal protections will ensure that the teaching of the Christian vision of marriage will not be impaired.”

Cardinal’s concerns

Cardinal O’Brien previously warned of the danger of changing what our society deems to be a marriage.

“The dangers of the changes that are being proposed to the very meaning of marriage will entail a breadth of change that most people, including our politicians, have simply not reflected on,” he said, before warning if the Scottish Government ultimately decides to redefine marriage the consequences would be severe.

“Do people really understand that they will be sweeping the terms husband and wife from our marriage laws?” he asked. “Do they really understand that those who merely wish to modestly uphold their understanding of marriage could be disciplined in their places of work? Do they realise that a public sector duty to promote the new vision of equality will cast grave doubt on the ability of Catholic schools to uphold their own ethos? Do they really understand that equality laws have been so structured that it will enforce public sector workers to promote an understanding of marriage that leaves no room outside the government-dictated morality?”

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