What is in Kelvin's Head?

I respectfully disagree…

02/07/2022

I respectfully disagree with the latest College of Bishops statement on Aberdeen and Orkney and I do so in two respects.

Firstly, there is no mention of a mediation process in Canon 53. If the College of Bishops wishes to use Canon 53 section 11 and subsequent sections, then they should follow the procedure laid down there and name the bishop who is hearing the dispute. The bishop in question should publish the terms under which they are going to determine the dispute and the date on which the hearing will take place. Canon 53 does not allow for the resolution of such disputes to be outsourced to other individuals or organisations. (Sections before section 11 do not apply to disputes within a diocese). The procedure outlined in Canon 53 Section 11 and the following sections is clearly a decision making process and not a process of mediation. (In any case, my personal view is that mediation processes are seldom appropriate in cases where bullying is alleged and where there are discrepancies of power between the parties involved).

Secondly, anyone making a claim of bullying against a serving bishop or any serving bishop wishing to make a claim that they have themselves been bullied by anyone subject to the Code of Canons, should be explicitly invited by the College to make a complaint under Canon 54.

Canon 54 can only be initiated by someone who is a member of the church. My view is that the College should make public appropriate arrangements for the bringing of a complaint by anyone who has subsequently left the church – specifically that the complaint would be passed to a (communicant) diocesan registrar or the clerk to the Episcopal Synod to be initiated formally.

Making vague references to the “Disciplinary Canonical process” of the church in a press release is unhelpful. Canon 54 is what the process is and the College of Bishops should long ago have insisted that people use it to bring allegations.

This is not the first statement by the College of Bishops with regard to these matters that has given me cause for concern. In a statement last December the College asserted that neither the Primus nor the College of Bishops had the power to suspend a bishop. The Code of Canons is very clear that bishops can be suspended and that only the Primus can do so and that this can only be upheld or not by the Episcopal Synod (which is the same body of people as the College of Bishops). The due processes governing how these things can come about are found in Canon 54 (Of Offences and Trials) and Canon 6 (Of Diocesan Bishops and their Jurisdiction and of Bishops’ Commissaries).

For the last few years I’ve been a member of a review group which has been carefully considering whether the disciplinary canonical processes of the church need to be updated. In time, I hope that they are. However, the canons that we currently have remain in force. Bishops require clergy to take oaths to uphold the Canons. Bishops themselves take oaths that they in turn will uphold the canons of the church.

I regard members of the College of Bishops as colleagues and friends and remain willing to discuss these matters with any of them or indeed with any member of the church. A number of the members of the College of Bishops have heard me say privately what I now assert here, that for the good of the whole church, the College of Bishops needs to return to the Canonical norms of the Scottish Episcopal Church.

I will not be discussing this matter with any journalists. The opinions expressed in this post are explicitly with regard to the College of Bishops and do not constitute a comment on anything that may or may not have happened in the Diocese of Aberdeen and Orkney, about which I have little knowledge.

The Code of Canons of the Scottish Episcopal Church can be found here: https://www.scotland.anglican.org/wp-content/uploads/Code-of-Canons-2020.pdf

15 responses to “The Scottish Episcopal Church and the upcoming Primates’ Meeting”

Christine

29/09/2017

Well said!

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1. Andrea Maier
  
  30/09/2017
  
  Concur!
  
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Lionel Deimel

29/09/2017

We can hope that new primates will change the ethos of the Primates’ Meeting. I’m making no bets on it.

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Phil Groves

29/09/2017

100% agreement.

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Eamonn

29/09/2017

Beautifully balanced – and witty, too! Well said!

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Meg Rosenfeld

29/09/2017

It’s happening here in the USA and unless you believe that our current president represents God’s punishment (personally, I think God wouldn’t be so tacky) we haven’t blown up yet. As you say, it’s about goodness and love–how radical can we get?

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Wayne Kamm

29/09/2017

Thank you for an excellent statement!

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Tobias Stanislas Haller

29/09/2017

Well said. Most of the Primates have only limited authority even within their own provinces, and absolutely no authority outside them. Trying to turn international Anglican conferences and meetings into disciplinary bodies is the stuff of fiction. All of that sort of pre-meeting hoopla makes the real work of the meeting, in terms of open dialogue and interaction, much more difficult.

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Drew_Mac

29/09/2017

Well said! There’s been lots of blogging recently about the sensitive consciences of those who inexplicably claim they will be ‘forced’ to marry same-sex couples. At the same time I’m being forced to send loving committed and legally married same-sex couples away without even a formal blessing. Respect for conscience should cut both ways.

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Andrew Bowdler

30/09/2017

Kelvin, listening can – and often does – result in disciplining. To try to separate them, as you have in your original piece, is therefore to miss the point. With the enormous divide that exists on this particular issue, one or other side is ultimately going to have to be ‘disciplined’ – and, no, discipline doesn’t have to be harsh or violent. It can equally be gently persuasive.

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1. Jo
  
  30/09/2017
  
  Isn’t the lesson from both TEC and the SEC is that no-one need be disciplined for following their personal conscience; the issue only arises when one side seeks to force the other to act against their conscience and only one side is doing that.
  
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2. Cynthia Katsarelis
  
  03/10/2017
  
  There’s no “gently persuasive” way to say that my spouse and I aren’t loved by God and our sacramental marriage deeply infused with God’s grace.
  
  Discipline should be to those who have supported criminalization of LGBT people.
  
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3. Richard Ashby
  
  03/10/2017
  
  Why should ‘listening’ result in disciplining? It should lead to understanding of an opposite point of view and respect for another’s conscience. Neither the primates nor Lambeth nor the Communion has any power to ‘discipline’ anyone and neither should it. We aren’t Roman Catholics and we don’t have a
  Pope. The Scottish Episcopal Church allow the exercise of conscience on both sides. The problem is that too many Christians want to impose their rules over against another persons conscience. That’s just not right.
  
  And what’s the point anyway? The ‘consequences’ haven’t changed the mind of the America Anglicans, the prospect didn’t stop the Scottish Church, it’s not going to stop Canada or South Africa.
  
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  1. Andrew Bowdler
    
    11/10/2017
    
    No society or organisation can allow diametrically opposing opinions on the same issue to be held with the same validity, Richard. They can, and often will allow for debate and ‘listening’ but in the long run, one opinion of the other has to be accepted over and against the other. Those who continue to hold the unsuccessful opinion will then have to accept the other, or face ‘discipline’ in one of a number of forms. When said society allows meaningless phrases such as ‘hate crime’ to brandied about with no legal or linguistic definition to support them, that society opens itself to a form of anarchy.
    
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    1. Richard Ashby
      
      11/10/2017
      
      But I thought that that the CofE has ‘two integrities’ on women as priests and bishops. What about ‘mutual flourishing’. In your view this is obviously impossible in long term (actually I happen to agree with you on that.) but what’s sauce for the goose etc
      
      We are supposed to be living side by side with these tensions. The Scottish Church has said that no one is to be forced to marry or not marry same sex couples. I know some people think that is impossible, I’ve been told so by members of ‘Christian concern’ etc. But we cannot allow these people to dictate to us what we hold by our consciences also to be true.
      
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