• The Scottish Episcopal Church and the biblical case for changing Canon 31

    Over the next couple of days, the General Synod of the Scottish Episcopal Church will be meeting in Edinburgh.

    There’s a huge amount of business to get through over the three days. I’ll be there as a member of synod thinking through how I will vote on all the motions.

    Even though there’s a very wide ranging set of motions to vote on this year, I’ve little doubt that a lot of attention will be spent on Motion 14 which will be heard on Friday morning in a session timed to last just over an hour, and which will begin at 9.25 am. There’s another motion that will be considered during that hour which deals with how we make changes to our liturgies, an important matter given the notion that the liturgies are a primary way we talk about doctrine in the polity of the Scottish Episcopal Church.

    Motion 14 is the motion which relates to whether the Scottish Episcopal Church will be able to move to a position whereby those clergy who wish to do so can be enabled to perform marriages for same-sex couples who desire to get married in our churches.

    The reason that this motion is being given relatively little time for debate this year is that we had an enormous debate about the principles of dealing with this question last year. For almost a whole day, we debated the way in which the church would face this question. Last year the synod was commendably clear and there was a huge majority in favour of introducing this year’s legislation in the way that it is being introduced.

    What Synod decided last year is to ask this year and next year’s Synod to consider removing the first clause of Canon 31. This clause currently defines marriage in a way which has led our bishops to rule not only that same-sex couples cannot get married in our churches but also that our clergy and lay readers cannot who wish to marry partners of the same sex cannot do so without fear of losing their license to minister. I’ve always maintained that this was a cruel and unnecessary ruling that has caused real harm to individual people within our churches. I remain of that view.

    The idea for moving forward is to remove the clause from the canon which is said to prevent marriage between same-sex couples and replace it with a clause which will protect the consciences of everyone in the church by affirming that “no cleric of this Church shall be obliged to conduct any marriage against their conscience.”

    I’m in favour of moving forward in this way. In some ways I would have preferred another solution – I’d have preferred the Scottish Episcopal Church to have made a more positive statement affirming equal marriage. However, I can live with this and can see the value of a solution which does not force people to make statements about marriage which they don’t agree with.

    That is all that we are doing – if we agree to this change, we are moving to a position where we don’t insist that everyone believes the same thing in the face of a quite obvious reality which is that we don’t.

    But there will inevitably be people who want to hear “a biblical case” for making this change.

    It is simply the case that there are people who think that the bible says that gay marriage is sinful and there are (surely a majority in our church now) many people who don’t.

    The primary way in which justice has been denied to those of us who are gay has been to call for theological reports or biblical cases to be laid out in favour of marriage equality.

    We must be clear this time – the Scottish Episcopal Church, if it makes this change, is saying almost nothing about gay people. What it will do if it moves forward is make a statement about what kind of church we are and acknowledge the simple fact that we don’t all agree.

    It does not seem to me to be a particularly big deal for those who are opposed to same-sex marriages to exists in full communion with those who want to conduct or enter same-sex marriages. The reason I don’t think this is a particularly big deal is that we are already as a church in full communion with Christians who can do just that. The man or woman on the Auchtertochty Omnibus who is an Episcopalian is currently in full communion with the married gay couple in Stockholm and the married gay priest in Glasgow, Virginia, USA. The argument that such a person cannot also be in full communion with a married gay couple in Stockbridge or a married gay priest in Glasgow, Lanarkshire is, to say the least, a bit odd. Does geography trump morality for those with anti-gay views? If so, how on earth does that work and does anyone want to offer a “biblical” reason why?

    Those who seek for a “biblical” answer to questions about same-sex marriage might probably need to redefine the question. After decades of discussion, no slam dunk biblical argument has appeared that will convert someone from an anti-gay to a pro-gay position. What is happening though is that as every year goes by, more and more people in society and in the church are simply coming to believe that gay and straight people should be treated alike. Whilst changing canons seems grindingly slow, the change in public and ecclesiastical opinion has come so fast that it seems to some of us to be being ushered along by the wind of the holy spirit. (Justice movements work that way).

    Those looking for biblical inspiration for what’s going on in the Scottish Synod over the next few days would be better looking at some of the different ways of dealing with conflict in the early church rather than looking for something new in Leviticus or in the story of David and Jonathan. Those texts are distractions from the central question which faces us which is not in fact about whether we recognise same-sex marriage but about whether we recognise one another, with all our different opinions on this question as being so beloved of God that we are forced not to make one another subscribe to statements which we all know that not all of us can unconditionally affirm.

    I think the most useful biblical case for what I hope happens in the next few days is to be found in the fifth chapter of the book of Acts – Gamaliel’s response when the early Christians faced the prospect of being wiped out by the authorities.

    “…if this plan or this undertaking is of human origin, it will fail; but if it is of God, you will not be able to overthrow them—in that case you may even be found fighting against God!”

    I think that’s the bibilical case for what we’re trying to do. Much more so than arguments which seem determined to apply one particular purity law of the past without dealing with any of the others.

    People have worked hard and made hard compromises to come up with a solution to this in Scotland that will allow all to thrive. If synod rejects it I suspect there will be far more future conflict than we can imagine. This is, quite simply, the best way to keep the church together.

    May God bless those who who meet in synod in Edinburgh this week. And may Gamaliel inspire our thoughts as we vote on Friday morning.

10 responses to “Response from the College of Bishops”

  1. Father Ron Smith Avatar

    Thank you, Fr, Kelvin, for making the contents of the SEC Bishops’ Response to the Letter from 50 people concerned about their attitude towards the openness of the Church to the prospect of its eirenic treatment of clergy and Church members – desirous of solemnising Same-Sex monogamous relationships in the context of Marriage.

    It seems to me – an outsider, but a member of the New Zealand Anglican Church – that the Letter has challenged your Bishops to positive action on behalf of Christians – and others – who consider faithful Gay relationships to be equally acceptable to God as those of heterosexuals. The Church, surely, must act to affirm faithful monogamous relationships on both sides of the spectrum.

    Let’s hope your General Synod will move ahead to affirm such relationships, so that the Church may get on with other aspects of its mission; knowing that human justice for ALL people is paramount in the propagation of the Gospel. If SEC is pro-active in this important matter, it can only encourage churches like my own – in ACANZP – to follow suit.

    1. Kelvin Avatar

      The General Synod is, to some degree, inhibited from sorting this out until the bishops themselves decide to back a proposal which would allow all to flourish in the church.

      The synod contains the bishops and they have an effective veto on canonical legislation.

      I’m baffled at the moment as to why they have not rallied around a position which allows all of us, both those in favour and those against, to act according to our consciences in this area. I think that this is a position which would re-unite the church again. I know those who disagree with me on the substantive question about lesbian and gay relationships who are as mystified and as frustrated as I am that we are taking so long to deal with this and who, like me, want to get on with the business of letting Scotland’s people know that God loves them.

      Everyone I know says they want to come to a resolution which does not de-church other Episcopalians. The position that the bishops have taken comes very close to de-churching some of us and I remain greatly concerned for the Province as a whole.

  2. Pam Avatar
    Pam

    From my reading, it’s a carefully worded document that attempts not to pre-empt what may happen at Synod. Talking to each other face-to-face is always better than written communication, in my opinion. This issue does need a resolution and I’m sure that people on both sides of the debate, in good faith, would want to honour each other. Bishops have a tough job but so do the people who don’t get the opportunity to attend Synod, for whatever reason.

  3. Chris Hansen Avatar
    Chris Hansen

    I don’t know about you, but I’m tired of being talked about by people who would rather not talk to me. This “listening process” that the C of E is going through is bull. They’ve been doing variations on that for years. Nothing comes out of it except more conversations. No progress is made thereby.

    The trick is to push the bishops to take a stand and do some prophetic leading.

    1. Kelvin Avatar

      The current process in the Church of England is related to the Cascade Process that we’ve had in Scotland.

      Some people have benefitted from the process here. There’s no getting away from that. It has been a good thing for some but by no means all.

      Some have felt very disappointed and upset that the bishops themselves now appear not to have been working in accord with the principles of the process itself.

      And some, like me who have been working for change in this area for years, were excluded from the design of the process and from its major set piece provincial event.

  4. FakePete Avatar
    FakePete

    I feel very angry reading that.

  5. Steven Avatar
    Steven

    Dear Kelvin

    Interesting developments. Not much in that letter really.

    What would you do if you were Primus?

    The reality is the SEC has always (at least in my mind) been open to a more progressive stance on this kind of issue and yet does contain those for whom this would be (very?) difficult.

    Would you seek to maintain unity by some kind of compromise (CoE and women Bishops) or would you forge on ahead with prophetic change leaving those who didn’t like it to make their own choices (like the Episcopal Church)…?

    The New Testament Christians didn’t seem to care much for unity at the expense of integrity and justice.

    For my own part I think it is better for churches not to try and fudge this issue (look at the terrible mess in the Church of Scotland) but to agree a position and then firmly pursue same, come what may. People would not tolerate an institution that allowed a minority of people to adopt racist positions and so it should not really be any different for those who want to maintain positions that discriminate against same-sex couples.

    All this is – of course – easy for me to say.

    Steven

    1. Kelvin Avatar

      What would I do if I were the Primus? Well that’s a good question.

      The first thing I’d remember is that the Primus is simply the spokesperson for the College of Bishops and doesn’t have the authority that, for example, an archbishop might think he possesses.

      I would however as a bishop argue in a favour of a solution which allowed people to act according to their conscience in this area. I don’t agree that people should be forced to “firmly pursue” a particular stance over this issue. It isn’t who we are. In fact I think the problem at the moment is that people are being forced to pursue a position that they don’t agree with and that situation is unsustainable.

      The reasons for not forcing people to marry gay couples are these:

      1 – No gay couple wants to be married by someone who has been forced to do so but who would really prefer not to.

      2 – It would be illegal anyway and our canon law determines that we will abide by Scots Law.

      3 – We already have a precedent with divorce – no-one is forced to marry anyone who is divorced, they can chose whether or not to do so. I think that is a reasonable compromise and it has served the church well.

      4 – I don’t think anyone should be compelled to marry anyone and that is the situation that we currently have.

      However there are some positive things that a Scottish bishop could do at the moment. Although I agree that same-sex marriages cannot take place in churches or be done by SEC priests until there is a decision made by General Synod I don’t agree that it is the case that someone cannot affirm allegiance to the canons of the church because they happen to be in a same-sex marriage.

      I think de-coupling those two issues is urgent.

      I would argue in favour of an equal opportunities policy for the church.

      I would try to seek a way of bringing forward a synodical resolution which would allow same-sex marriage, allow those who don’t want to be party to it not to have to be and I’d argue in favour of that as a godly compromise that would allow us to get on with our gospel business of sharing the good news.

      If I were the Primus I would probably be encouraging the College of Bishops to allow me to say publicly that we regretted that some people had been excluded from the Cascade Process and I’d seek to commit the College to a more consultative leadership style. In particular I’d want to say that there should never be a process about people that did not include them in the design of the structures of the conversation. I’d want to say that we would never construct a conversation about the ministry of women without women being involved, we would never construct a conversation about ethnic minorities in the church without appropriate consultation with people who belong to ethnic minorities and I’d commit the church never to make the mistake that has been repeatedly made of constructing a conversation about LGBT people without their involvement.

      If I were wise, I’d be learning a lot more about the experience of trans people because I’d realise that trans issues are inevitably coming our way.

      Does that answer the question?

      1. Steven Avatar
        Steven

        Yes, it does rather. Thanks.

        For the avoidance of doubt I would not advocate forcing anyone to marry anyone. When I said it is better to adopt a position and then pursue that I meant in terms of whether or not to permit equal marriage in the SEC (which is not the same as saying that all priests would therefore be compelled to marry gay folk).

        We have just filed an equal marriage petition in Belfast, so thoughts and prayers all welcome!

        Steven

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