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Summary: In the light of the leading case of Thompson v. Dibdin, the Bill has
the consequence that a parish minister of the Church of England could not
lawfully refuse a same-sex couple admission to Holy Communion. If this
consequence is unintended it could easily be remedied by amendment.
Submission:
1. In the case of Thompson v. Dibdin [1912] A.C. 533 (H.L.) the Reverend Canon
Henry Thompson, vicar of Eaton in the diocese of Norwich, refused to admit Mr
Alan Banister and the woman that was his wife at law, Mrs Emily Banister, to
Holy Communion. Canon Thompson's ground for his refusal was that Mr and Mrs
Banister were, in his view, not married at all, but living together out of wedlock.
The reason why he did not recognize the law's view of their marital status was
that Mr Banister had previously been married to Mrs Banister's sister, and Canon
Thompson considered that a union with one's deceased wife's sister could not be
a marriage. The law of England and Wales also held this view until 1906, when it
was changed in the Colonial Marriages (Deceased Wife's Sister) Act, 1906, which
was followed by the Deceased Wife's Sister's Marriage Act, 1907. Canon
Thompson thus considered himself to have a lawful cause to refuse admission to
Holy Communion. A lawful cause was necessary for a clergyman legally to refuse
admission to Holy Communion by the Sacrament Act 1547, s. 8
(http://www.legislation.gov.uk/aep/Edw6/1/1/section/VIII)). The House of Lords
held, against Canon Thompson, that:
It is inconceivable that any Court of law should allow as a lawful cause the
cohabitation of two persons whose union is directly sanctioned by Act of
Parliament and is as valid as any other marriage within the realm (per Earl
Loreburn at p. 540).
7. Although parish ministers are to some extent under the authority of the
Ordinary (Bishop) of the Diocese, the Ordinary would not be able to offer any
protection at law if he supported any parish minister's decision in refusing a
same-sex couple admission to Holy Communion.
March 2013