• 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.

56 responses to “Six things I have learned about anti-semitism and the church”

  1. Jacqui Norman Avatar
    Jacqui Norman

    Dear Kevin,
    I am sure that some Jews would be offended, and this is very sad on every level. Just as it would be sad for Christians to object to non Christians celebrating Christmas or Resurrection Day.
    In your piece you said yourself, that some Jewish people invite Christian people to join them for the meals. This demonstrates that the offence to Gentiles celebrating with their Jewish brothers and sisters is not universal in the faith.
    Blessings.

    1. Kelvin Avatar

      No Jacqui. It is considered a blessing in Judaism to include others in the ritual of passover. This does not justify Christians copying it without Jews being present, appropriating the ceremony to make it something entirely Christian and in doing so causing offence. It is not the same in any way as Christians objecting or not to non-Christians celebrating Christmas.

      If you wish to follow the line of saying that Christian Passovers are not offensive to all Jewish people, then can I ask what proportion of Jewish people you think it is legitimate for Christians to be offensive to? How many is OK?

      1. Jacqui Norman Avatar
        Jacqui Norman

        Of course one would not wish to offend anybody.
        I feel we must graciously agree to disagree, I see no difference to the Christmas/Resurrection Day comparison… We disagree on this one point from your piece.
        God bless you.

        1. Kelvin Avatar

          > We disagree on this one point from your piece.

          So what you’re saying is that anti-semitic things that other people do are wrong but things that you do can’t be anti-semitic because you do them with good intent in your heart?

          Isn’t that what the problem is?

          1. Jacqui Norman Avatar
            Jacqui Norman

            WOW what a leap!
            No, of course it is not what I am saying… It is the opposite!
            Your opinion is that Christians should not engage with the Old Testament. Mine is that it is divisive NOT to. As you said Jesus is Jewish, we are his body …
            I have never had a conversation with a Jew who has expressed your opinion about this matter.
            I asked you politely about this aspect of your opinion, and you have made a personal attack at me(whom you do not know) and called me an anti Semite when nothing could be further from the truth. Now, that kind of thing IS where the problem lies.
            Blessings to you.

          2. Kelvin Avatar

            Don’t be ridiculous, Jacqui. My opinion is not that Christians should not engage with the Old Testament.

            If you can’t post things truthfully then I’ll not allow further comment.

      2. Martin Reynolds Avatar
        Martin Reynolds

        I would ask the opposite question.
        How many need to be offended?
        Just one?

        This argument seems to be in the mode of
        “Christians shouldn’t practice yoga.” school of thought.

        1. Kelvin Avatar

          There’s a difference isn’t there? Most people wanting to stop Christians practicing yoga think that they should take that view because it will harm Christian souls rather because it will harm Hindu feelings.

          1. Martin Reynolds Avatar
            Martin Reynolds

            It depends which Hindu you talk to.

          2. Kelvin Avatar

            Can you point me to an argument coming from someone in the Hindu community who believes that Christians and non-Hindus should refrain from practising yoga? I’m genuinely interested.

        2. Martin Reynolds Avatar
          Martin Reynolds

          I will try and point you in the right direction.

  2. Alexander Hamilton Avatar
    Alexander Hamilton

    Wel now that was a jolly good read. Thank you to all contributers, some thought provoking matters raised, with of course no conclusion, and properly so. So much is a matter of personal belief and practise, no matter how bedecked and caparisoned the chuch one attends. I find myself sayng, ‘What would Jesus say?’ when watching the next best thing to pantomime at some services.

    1. Jacqui Norman Avatar
      Jacqui Norman

      Amen

  3. Jacqui Norman Avatar
    Jacqui Norman

    Ps, In my opinion, the fact that “Passover is not important to most Christians ” is due to a lack of good teaching on the subject. It is not possible to fully appreciate the work of Jesus, (who in you picture, notably does not have the “Jewish nose” – very much enforcing your point that people do not appreciate that Jesus was (is!) a Jew, and with which I wholeheartedly agree with you) without first understanding the Old Testament story in its fullness.

    I would also like to emphasise that this is the only one of your points with which I disagree 🙂

  4. Jacqui Norman Avatar
    Jacqui Norman

    From the homepage:

    Disclaimer
    The views published here are my own and do not necessarily represent the views of St Mary’s Catheral nor the Scottish Episcopal Church.

    Nor do they represent what I’ll think forever.

    I change my mind sometimes – especially when persuaded of something by someone in debate.

    Try me and see.

    Maybe that should read “Try me and get called ridiculous ”

    Very sad.

    1. Kelvin Avatar

      Jacqui – this is my blog space. You don’t get to post untruthful things about me on it.

      Whether you like that or not doesn’t really matter to me it is the way it is.

      No further comments from you.

  5. Dion Smythe Avatar
    Dion Smythe

    Christian “seders” are comparable to Jewish [re]appropriation of the Eurcharistic texts and reciting them [with some notable omissions] at Kiddush after the Sabbath morning service….

    1. Meg Rosenfeld Avatar
      Meg Rosenfeld

      As a Christian who once visited a conservative synagogue where they did this, I was surprised and pleased to find this activity that was so much like ours, taking place. It seemed home-like. My daughter, then a teen-ager, had the same reaction. We were both thinking “Now I see where this part of our ritual comes from.” After all, Jesus (a Jew) was probably following very familiar tradition when he, as we say, instituted the Eucharist; he just said some new and startling things.

      1. Dion Smythe Avatar
        Dion Smythe

        Meg, I think you’ll find that what you witnesses at a conservative Jewish synagogue was the standard Kiddush after the Sabbath morning service — blessings over wine and bread and then the sharing of the same. What I was suggesting was that these Christian “Seders” would be comparable to Jewish congregations celebrating Christian Eucharists but with the important words left out [or indeed maybe even not] rather than the comparison between Christian “Seders” and Jews [or other non Christians] celebrating or marking the celebrations of Christmas or Easter, but not going so far as to have a parody of the Christian Eucharist.

        1. Meg Rosenfeld Avatar
          Meg Rosenfeld

          Hmm. since I’ve never seen the sort of thing you’re describing, I can’t really make an intelligent comment. It’s difficult to think of a literal parody of a Christian ritual (except maybe in the case of a group of kids “playing church”) other than the secular Santa-centered goings-on which seem to be increasingly taking over the holy day commonly known as Christmas . . .

  6. Meg Rosenfeld Avatar
    Meg Rosenfeld

    Back to St. John, sometimes I can’t help wondering what Jesus would say if he heard some of John’s more convoluted pronouncements. What’s the Aramaic for “Huh?”

  7. James Byron Avatar
    James Byron

    Regarding offensiveness: surely Christianity’s central claim, that Jesus of Nazareth was God in human form, is deeply offensive to Judaism.

    Further, offense isn’t a knockdown argument. It just means that someone strongly objects to something. Many evangelicals find gay relationships offensive; many Calvinists find Arminianism offensive, and so on. Such feelings say nothing for the merits of the view.

    The key question isn’t whether X is offensive, but whether the objections are reasonable and compelling enough to justify ending it.

    1. Dennis Avatar
      Dennis

      Once again, we have a problem with most of western society having forgotten the difference between disagreeing with and being offended by. Offensiveness is most certainly not just when someone strongly objects to something. Calvinists don’t or shouldn’t find Armenianism offensive, though they disagree with it. It is merely a competing theory that divides evangelicals. But a play or novel that presented John Calvin as pimp who ran a brothel on the side and committed sex crimes with little boys would be offensive because it would be a false characterization meant to belittle and demean. So-called Christian seders are more like the sex-crime pimp John Calvin example than the disgreement with non-predestinationist types example – and would therefore be offensive.

  8. Bernard Randall Avatar
    Bernard Randall

    At the risk of re-opening a can of worms, it seems to me a mistake to suggest that passover is not important to Christians. The death of the firstborn Son, the crossing of the people through the waters etc – the whole Exodus narrative – are deeply part of Christian theology. It’s an inescapable background to much in the New Testament (Sermon on the Mount as reflecting Moses on Sinai, or Jesus (in John’s Gospel) being crucified at the same time as the Passover lambs are sacrificed, anyone?).
    So to take just a few liturgical examples, in “Common Worship” material for Easter season, the introduction to confessional starts “Christ our Passover lamb has been sacrificed for us …”; the Eucharistic prefaces say “he is the true paschal lamb” or “in the joy of this Passover”; and the invitation to Communion is “Alleluia. Christ our Passover is sacrificed for us. Therefore let us keep the feast. Alleluia.”
    Fine, that’s Church of England, not everyone will be saying those particular words, but the theology is front and centre.
    To this extent the passover story belongs just as much to Christianity as to Rabbinic Judaism. But the passover story in the Bible is not the same as the Passover religious observance/festival of modern Judaism.
    Indeed I thoroughly object to Christians celebrating a Seder meal, because it isn’t what Jesus did – both because the Seder as we have it is a later development, and because the Last Supper quite likely wasn’t a Passover meal. A “Christian Seder” doesn’t connect us to anything historically, while we have the Eucharist (and Maundy foot washing) to connect theologically to what Jesus did at the Last Supper.
    I don’t think that being offensive alone is a reason not do something with another more positive purpose, but in the case of a “Christian Seder” the offense is caused to no good purpose and so the case against is fatal. It ought not to be done.

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