• Canon Law

    We had such a good evening discussing Canon Law at the Cathedral’s gay group on Monday evening. Presumably all churches have evenings like this.

    Canon Law is more often talked about than referred to. In this case, we were looking at Canon 31 which is the canon about marriage.

    There are quite a few interesting things that we talked about in relation to the canon, but first, here is the Canon itself.

    CANON THIRTY-ONE
    OF THE SOLEMNISATION OF HOLY MATRIMONY

    1. The Doctrine of this Church is that Marriage is a physical, spiritual and mystical union of one man and one woman created by their mutual consent of heart, mind and will thereto, and is a holy and lifelong estate instituted of God.

    2. No cleric of this Church shall solemnise Matrimony except in accordance with the civil law of Scotland for the time being in force in relation to civil marriages and unless satisfied that compliance has been made with such preliminaries as are therein required for the Solemnising of Religious Marriages.

    3. No cleric shall perform the Marriage Service, nor permit it to be performed in Church, for parties who are within the forbidden degrees, as specified in Appendix No.26. No cleric shall perform the Marriage Service, nor permit it to be performed in Church for parties, for one or both of whom a decree of Nullity of Marriage Ab Initio has been pronounced by a Civil Court, nor for parties, either of whom has had a previous marriage dissolved quoad civilia in a Civil
    Court, so long as the other spouse in the marriage so dissolved remains alive, unless that cleric shall have been given a Certificate of Authorisation on the grounds that there is no ecclesiastical impediment to the marriage in terms of Section 4.

    4. In cases where a decree of Nullity of Marriage Ab Initio has been pronounced by a Civil Court, or in any case where either or both parties to a proposed marriage has, or have had, a previous marriage dissolved quoad civilia in a Civil Court, but the other spouse to that marriage remains alive, any cleric to whom an approach is made by or on behalf of either party with a view to the solemnising of such proposed marriage shall refer the matter to the Diocesan Bishop. Upon receiving such reference, the Diocesan Bishop shall make such enquiries into the circumstances of the case, and take such pastoral and legal advice, as shall seem appropriate, and thereafter may issue, or decline to issue, to an officiating cleric, a Certificate of Authorisation in terms of Appendix No.27 authorising and approving that cleric’s officiating at the Solemnisation of Holy Matrimony of the parties concerned according to the Rites and Ceremonies and Canons of the Scottish Episcopal Church. No Bishop shall entertain an application which has already been before another Diocesan Bishop of the Scottish Episcopal Church without the agreement of the Bishop of that other Diocese and the Episcopal Synod.

    5. A cleric may use the form of Benediction provided in the Scottish Book of Common Prayer (1929) to meet the case of those who ask for the benediction of the Church after an irregular marriage has been contracted or after a civil marriage has been legally entered into, provided only that the cleric be satisfied that the marriage is not contrary to Sections 3 and 4 of this Canon.

    6. The solemnisation of Marriage shall take place in Church except with the written sanction of the Bishop.

    We were, obviously, looking at the Canon in the light of the knowledge that the Scottish Government is planning to change marriage law to allow same-sex couples to get married.

    I’m still not entirely convinced that the parliamentary process is going to be quite as easy as the politicians thing. They appear to me to be planning on building new discrimination into new law and that might well unravel. For example, they talk about “protecting” any cleric who belongs to a denomination which has opted in to doing same-sex weddings where the celebrant in question doesn’t want to do them but they don’t propose doing anything about the cleric who wants to perform a same-sex wedding when their denomination has not opted in. That is clear and obvious discrimination and I’m not sure that it will (or should) pass muster when it comes to legislation.

    It is worth noting that this business of providing “protection” to those who don’t want to do same-sex weddings is a nonsense and a red herring. No-one can be forced to conduct any wedding at the moment. No additional legislation is needed. No-one, if you think about it, can be forced to pray or perform any religious act that they don’t believe in. It is absurd to think that any court in Europe is going to start to force people to perform religious ceremonies they don’t want to. That’s because celebrants already have rights – the same rights which mean that one can’t be forced to perform religious acts. We already have freedom of concience in Western Europe. Same-sex weddings are no threat to this at all. The more you hear from the SNP Government about providing “protection” in this area, the more you know they are trying to pull the wool over someone’s eyes or trying to delay the process. It just isn’t necessary. Not a jot or a tittle of the law needs changing, as Someone might well once have said.

    Now, when it comes to that Canon there are a couple of interesting things to note. Firstly, note the definition of marriage as being, “a physical, spiritual and mystical union of one man and one woman created by their mutual consent of heart, mind and will thereto, and is a holy and lifelong estate instituted of God.”

    Opinion has been expressed in the church recently by those with some power and influence in this area, that the church wouldn’t be able to marry same-sex couples whilst this statement is in Canon law. However, the church manages to marry couples whose lives have not reflected this standard all the time. If we marry divorced people, then our relationship with this doctrinal statement must at least be nuanced.

    I was very interested to see an old copy of the Canons recently – I think it came from the 1920s. I looked up Canon 31 and found that this doctrinal statement was simply not there. I think (and I’d be happy to be corrected if I’m wrong) that it was inserted precisely when we did start to recognise divorce.

    Section 5 of the Canon is rather interesting. It suggests that it is legitimate to perform the service of Benediction (ie perform a blessing) for couples whose marriages have been contracted irregularly (ie not within the other terms of the Canon) so long as they have not had a marriage refused for reasons connected with a divorce. (It is extremely rare for our bishops to refuse marriages in this area).

    It seems to me, that should the state allow same-sex couples to marry, Canon Law is at least nodding towards the possibility of giving the couple a blessing in church, even without changing a word of the Canons.

    Clearly there is a time of discussion and reflection needed with regard to the way Canon Law intersects with Scottish Law. If the state allowed same-sex marriage but the church didn’t, it seems to me to be very likely that some clergy would start to refuse to marry straight couples and simply suggest that for reasons of equality everyone goes to get married in the registry office and an appropriate church service can follow immediately afterwards. That seems not only very likely but only a couple of years away.

    Alternatively, the church will allow everyone to live according to their conscience on this matter. Allowing those who wish to conduct such marriages to do so and allowing those who wish to refuse to do so too. This is how we deal with divorced couples wanting to get married, so there is clear precidence for this path. It seems to me that this would be wisest and the path forward which least distracted us from other mission inititives.

    Incidently, if we do start to unpick the definition of marriage that we have in Canon 31, don’t expect it to be easy. It currently says,

    The Doctrine of this Church is that Marriage is a physical, spiritual and mystical union of one man and one woman created by their mutual consent of heart, mind and will thereto, and is a holy and lifelong estate instituted of God.

    I’d be happy with it if it said,

    The Doctrine of this Church is that Marriage is a physical, spiritual and mystical union of two people created by their mutual consent of heart, mind and will thereto, and is a holy and lifelong estate instituted of God.

    There are others who would find it much easier to reconcile their own experience with the church if it said,

    The Doctrine of this Church is that Marriage is a physical, spiritual and mystical union of created by their mutual consent of heart, mind and will thereto, and is a holy estate instituted of God.

    And I’ve recently heard a bishop questioning the last clause who would really prefer –

    The Doctrine of this Church is that Marriage is a physical, spiritual and mystical union of one man and one woman created by their mutual consent of heart, mind and will thereto, and is a holy and lifelong estate.

    Ho hum.

    All of this is, of couse, about the canonical definition of marriage and takes no account of the liturgical formularies, which are different and diverse. I’ll perhaps look at them in another post.

    Suffice it to say that the biggest change that the Scottish Episcopal Church has ever made in relation to marriage was in producing a new marriage liturgy which regards the two persons contracting the marriage as equals.

    That seems to me to be a far greater change to our ecclesiastical views on marriage than allowing same-sex couples to marry. Indeed, it is one of the foundations upon which the case for same-sex marriage can be built.

11 responses to “We drink from our own wells”

  1. fr dougal Avatar
    fr dougal

    Excellent! 1st class – wanna be Bishop of Edinburgh?

    1. kelvin Avatar

      So far as I can ascertain, almost everyone wants to be Bishop of Edinburgh.

  2. Kimberly Avatar

    except you, I should think.

    1. kelvin Avatar

      I love what I do. The job of being bishop of anywhere seems to me to be far more grim than most people realise.

  3. fr dougal Avatar
    fr dougal

    Yes, I always think the Bishop’s theme song ought to be “naebuddy loves, awbuddy hates me, think Ah’m gauuny eat worms!”

  4. Joe Avatar

    You took a chance that day Kelvin and it paid off for the good. As a gay man brought up in the RC Church, when I was 17 and very confused I thought that my church and God hated me because of my sexuality (obviously not my choice). I was actually told at that age by a priest in Glasgow that I would go to hell if I had sex with my then lover. I’ve seen many suicides over the years because of the fact that some people I knew could not reconcile their religion with their sexuality. Note I said religion not faith. The God I have a relationship with loves me as I am, whether human beings who claim to know better than me what he thinks of me condemn me does’nt bother me. I’ll let God judge not them.

  5. Stew Avatar
    Stew

    Fine line between drawing from one’s own well and ignoring all the other wells. Quite often I get the feeling that some people believe everything they need, all of the raw materials, are within and I can imagine that too much faith in one’s own well is the cause of much wayward preaching also. I hope that this lesson, which I am sure worked well in your case, would not become a maxim for general teaching and preaching,
    without some safety clauses…. Have I misunderstood?

    1. kelvin Avatar

      Well, Stew, perhaps you have misunderstood, I’m not sure.

      I wasn’t talking about what is necessary and sufficient for salvation, if that’s what you are worried about.

  6. ryan Avatar
    ryan

    Great post!
    Stew: Is the very existence of legitimate ” other wells” not, in and of itself, an argument against the dichotomies and simplistic certainties of the One True Well good old bad old days? I read much of the post as tracing the realisation that “neutral” readings are no such thing, and that the wells of teachers and human authorities are no more (or, of course, less) intrinsically real than our wells. The passage beginning ” I had drunk from” suggests someone adding to their knowledge of wells – not exchanging one set of wells for a single well, and therefore choosing a literally less well-informed world view ;-). Although even that would be a significant experience as other people’s experiences with their own wells might not be things they could usefully communicate to others. The blog post IMHO traces an expansion of (not just) knowledge, the opposite of diminuition from a wider to a smaller view. Although maintaining safety around wells is of course important 😉

  7. Ruth Avatar
    Ruth

    http://www.flickr.com/photos/mabroccoli/5578370888/in/stream

    When the sermon was over, he dived round the back, hoping to catch you as you left the laptop. I’m delighted that I’m still reaching a feline audience.

    1. kelvin Avatar

      Thanks Ruth – very good.

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