Gay rights protester in court over indecent behaviour at cathedral

The last time a person was charged with indecent behaviour in a church under the terms of the 1860 Ecclesiastical Court Jurisdiction…

The last time a person was charged with indecent behaviour in a church under the terms of the 1860 Ecclesiastical Court Jurisdiction Act, it was 1966 and the dispute was about the Vietnam war.

This time the row involves a gay rights activist and the Church of England, but before yesterday's hearing in Canterbury Magistrates Court could even begin the issue was why the Act was being used at all.

The charge of indecent behaviour against the gay rights campaigner, Mr Peter Tatchell, relates to an incident at Canterbury Cathedral in April.

Mr Tatchell (46) and supporters from the gay campaign group, Outrage, stormed the pulpit as the Archbishop of Canterbury, Dr George Carey, was about to give his Easter sermon.

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During the three-minute protest, in which Mr Tatchell criticised the Church of England's opposition to lowering the age of homosexual consent and the ban on ordaining gay clergy, Dr Carey was forced to suspend his sermon.

Giving evidence yesterday, Mr Tatchell, who described himself in court as a writer and journalist, said the group had planned the protest two weeks in advance.

The trickery of the protesters had clearly upset the cathedral verger, Mr Mark Punton, who told the court that he was so shocked by the incident that he was rooted to the spot: "My prime concern was for the Archbishop's safety. I didn't really react very quickly. I think people were quite disturbed that this had happened and that it had disrupted one of the holiest days of the year."

In court, Mr Robert Montague, for the prosecution, said that the 1860 Act was now "verbose" and that reference to indecent behaviour in the legislation "bear no sexual connotation whatsoever in this context".

Using the most polite language possible and showing BBC news footage of the incident to the court, Mr Montague described the protest as "inappropriate. . . it was unseemly. It was indecorous".

Should anyone believe that the charges against Mr Tatchell were in any way a reflection of his views on homosexuality, Mr Montague said they would be mistaken.

"It is with regard to the protection of the sanctity of the place and the time of the particular occasion," he told the court. "The prime issue in this case would seem to be whether or not. . . Mr Tatchell's conduct amounted to indecent behaviour. . ."

The National Secular Society - which counts the playwright, Harold Pinter, and the agony aunt, Claire Rayner, among its members - was so offended by the Act that it wrote to the Times yesterday offering its support for Mr Tatchell, saying the Act "gives unjustified privileged protection to stifle dissent".

The trial was adjourned until today.

PA adds: The case has also highlighted divisions in the church over homosexuality, with the Bishop of Edinburgh, the Right Reverend Richard Holloway, writing a character reference in support of Mr Tatchell.

The decision to press charges has sparked a celebrity campaign in Mr Tatchell's defence with prominent supporters including the MP, Mr Tony Benn, actress Vanessa Redgrave and broadcaster Ludovic Kennedy. The defence solicitor, Mr Mark Guthrie, plans to call Mr Benn as a character witness today.