The Church of England, when the plans to redefine marriage were first announced, said it could be the biggest threat to establishment in 500 years. They secured what they believed to be a suitable protection and, although they still opposed the principle, they felt somewhat reassured. Others, mind you, didn’t buy it. Expert human rights lawyer, Aidan O’Neill QC, wrote a legal opinion in which he said the Church of England’s opt-out was “eminently challengeable” in court. His legal opinion was given to the Prime Minister, but Mr Cameron carried on regardless.

The ink is not yet dry on David Cameron’s gay marriage Bill and already two stories in the news this week show that the Bill’s critics have been proved right. A wealthy gay couple say they “have launched” legal action to force gay weddings on the Church of England; and the BBC is cheerleading for polyamory (mutiple-partner relationships).

Barrie Drewitt-Barlow told the Chelmsford Weekly News that he and his civil partner, Tony, have “launched a challenge to the Government’s decision to allow some religious groups to opt out of marrying same-sex couples.” At the moment, we only have their word for it. It’s not known whether they have engaged lawyers, or submitted court papers, or named the respondents (is it the Church of England, or the UK Government they have in their sights?) But they are millionaires with a history of activism, so I’m inclined to take their threat seriously.

From what I’ve read, many gay people are annoyed with Barrie. They think he and Tony should leave the Church alone. They think a legal action is a big own goal for gay rights, an intrusion into religious freedom, and a publicity-grab by two media-obsessed gay men. But there are others who support them. The Church of England, they say, is there for everyone; it is the state church privileged in law and should not be allowed to discriminate in the provision of weddings.

During the passage of the gay marriage Bill, I was one of those saying that the Church would face litigation. I was accused of scaremongering and of whipping up hysteria. It’ll never happen, they said with a straight face. Perhaps they meant it. Perhaps they honestly couldn’t see the danger. Perhaps, but I doubt it. The thing is, many people could see the risk, including the Church itself (initially) and leading human rights lawyers.

Read More