Inquiry into legality of Charles and Camilla’s wedding
-03/03/05
The anomalies contained in the relationship between church and state have been out under the spotlight again with the launch of an inquiry into the legality of the marriage of the Prince of Wales and Camilla Parker Bowles.
The Registrar General has confirmed that he is conducting a formal investigation into claims that the civil ceremony is in breach of the law.
It follows calls by Christian thinktank Ekklesia for an ecumenical debate about reforming church-state relations.
Ekklesia has pointed out that the Church is now in the anomalous position of having as its future Governor and Defender of the Faith a man, appointed on the basis of privilege, who even the Archbishop of Canterbury cannot permit to re-marry in his own Church using the official liturgy he is meant to uphold.
Len Cook is now studying claims that Lord Falconer of Thoroton, the Lord Chancellor, was wrong to state that the Prince of Walesís intended civil marriage to Mrs Parker Bowles is legal.
The legal complaint was made by the Rev Paul Williamson, 56, the vicar of St Georgeís Church in Feltham, West London, who has filed, by fax and by registered post, formal objections to the ceremony.
Mr Williamson, a royalist, claims that the law is clear. ìA member of the Royal Family cannot have a civil marriage, cannot be divorced, cannot marry a divorcÈe, cannot marry in church, and cannot marry abroad if he wants to become king,î he said.
The vicar has already served notice that if his written objections are ignored and the wedding goes ahead on April 8, he will turn up to Windsor Guildhall to object out loud.
Legal experts have questioned the Lord Chancellorís assertion that laws banning members of the Royal Family from marrying outside the Church have been overturned by the Human Rights Act.
The Lord Chancellor is confident that the government law officersí advice to the Prince of Wales, that the marriage is legal, is correct and that there is no need to change the law.
There is nervousness among some courtiers that the continuing question marks over the legitimacy of the marriage, combined with the surprise decision of the Queen not to attend the civil ceremony, were undermining the dignity of the monarchy. There have been dozens of other letters of protest filed with the Registrar service but so far only Mr Williamsonís detailed objection is being taken seriously.
A spokesman for the General Registrarís Office told the Times newspaper: ìIf the objection is upheld we would not issue a licence and the marriage could not go ahead.î
The Prince would then be forced to seek a judicial review of the decision.
The inquiry by Mr Cook and his legal team will be conducted in private.
Once notice of a civil marriage has been posted an objection can be lodged in writing, or in person, with the registrar. The deadline for objections to the marriage expires on Friday.
Objections must be made on legal grounds and in the belief that ìthe marriage compromises the fundamental principles of English marriage lawî.
Clarence House, which took private legal advice, and the Government maintain that there is no need for any legislation to be brought in confirming the position.