• 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.

7 responses to “Reclaiming the web”

  1. Paul Hutchinson Avatar
    Paul Hutchinson

    Thank you for making me think in a different direction just before pausing for lunch. I have never had a blog, so came quite late to Internet social discourse, and have engaged more since joining one major network in 2010 and another in early 2014 – normally using those networks rather than a comment box such as this. Not all of us are natural creators of substantial original content, but like to be thoughtful in brief exchange, and so both those major networks, though cursed with many difficulties, serve those brief exchanges quite well. I do agree that the endless recycling of links (on both of them) can be wearying, and I do wish that some old friends would be a little more self-critical. But the price of any kind of social discourse is that one is vulnerable to the otherness of the other.
    I feel I ought to be writing a more substantial comment here, but hope that this is enough. The time is not always there to offer deeper reflection: but sometimes a blogger needs to hear at least a small splash from the stone thrown down the well!

    1. Kelvin Avatar

      Thanks for the comment, Paul. I’m aware that not everyone is a content creator, but perhaps what I miss is the sense of discovering different communities online and keeping the comments more or less in one place helps with that.

      The glory days of 50 or more comments on a post are probably over. I suspect I mourn the sense of community being created even more than I miss the interesting reflections of others. Retweets and shares are always welcome – but they are the means of amplification. Becoming loud isn’t the same as becoming wise, nor the same as becoming connected.

  2. Seph Avatar
    Seph

    It’s a damnable shame—and mostly the fault of Facebook. Twitter at least has an etiquette of sorts, wherein it is considered impolite not to respond to the original tweet, which is usually made by the blogger in question.

    Facebook, in short, is the scourge of the Internet. I have often been in groups which have decided to do all of their organizing on Facebook, despite my protests that I’m not on Facebook and don’t want to be, and really an e-mail list would be just as easy, and would they like me to set one up. This inevitably leads to my marginalization within the group, as no-one bothers to keep me abreast of the discussions to which I am not party.

    Can you tell I’m upset about this?

  3. Daniel Lamont Avatar
    Daniel Lamont

    I am only an occasional user of Facebook but I know what you mean, Kelvin. And indeed, I never read the comments ‘below the line’ on newspapers like ‘The Guardian’. You offer some useful advice. I read yours and one or two other blogs on a regular basis but don’t always comment. However, I can see that the author of a blog would like some feedback. I would be sad not to have the blogs that I do read because they do give me a sense of what people are thinking and an odd sense of community.

  4. Father Ron Smith Avatar
    Father Ron Smith

    My own contribution to the blogopshere is, I’m afraid, Father Kelvin, limited to comments I make on other people’s blogs (such as ‘Thinking Anglicans’ and ‘Anglican Down Under’ – a local NZ forum; plus my own blog ‘kiwianglo’, where i pluck articles that interest me personally from the web and provide my own commentary. This still interests me, personally, and provides my few readers with information they might not otherwise be bothered to glean for themselves. Like you, I am no longer an avid Facebook fan.

  5. David Campbell Avatar

    Hi Kelvin – thoughtful as ever – and yours is invariably the first blog I turn to each day. That you bring pressing issues to a wider audience and to people who know, or used to know, the church you serve is a great thing. I’m still blogging relatively strongly, but it’s certainly a different blogging experience when work is set in a very different context and especially community from previously, writing these days mainly for myself about things that interest me, although not quite at the address you have in your Blog Roll. http://www.limpingtowardsthesunrise.com is where it’s “all” happening.

    1. Kelvin Avatar

      Thanks David – nice to hear from you. I’ve amended the link.

      I don’t think many people use blogrolls to find blogs these days but whenever I remove it my mother complains…

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