• 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.

10 responses to “Sermon for Christ the King 2014”

  1. Julie Mansfield Avatar
    Julie Mansfield

    Kelvin, I follow your blog and I often find your conversations on facebook a lot of fun. But often, too, I don’t really understand what you are saying – such as your last paragraph there; ‘Like love. Like compassion. Like truth. Like hope. Like justice. Like joy. Like peace. Like the Way. Like the very essence of life itself.’ It sounds wonderful but what does it actually mean? Are you saying that the word, ‘God’ is a synonym for other worthwhile words which already have meanings I do understand?

    1. Kelvin Avatar

      What a good question.

      No, I’m not saying that, or at least not quite. I would say that we can’t describe what God is like in language, but one of the closest ways we can come near to talking about God is to talk by analogy – to talk about what God is like.

      The bible is full of times when people use analogy and metaphor to describe the reality of God which we can never completely comprehend.

      In this sermon I’m saying that whilst God may be like a king, God is also like a lot of things that one doesn’t immediately associate with kingship and monarchy. That string of words that you picked out in the sermon are all ways that the bible uses to speak of God. I was using them to do the same.

      Does any metaphor contain or enclose or sum up what we can say or know of God. The answer is always no.

  2. Joy Jones Avatar
    Joy Jones

    I loved your sermon. And have subscribed to your blog.

    No, I have not met the Queen, but I have met the King! And continue to get to know Him more and more every day. His love, peace joy, truth, etc.

    Our priest in North Carolina, said on Sunday, that
    it was hard to tell the difference between sheep and goats.
    Since you live in Scotland, you see a lot of sheep and goats….why did Jesus picked those animals?

    1. Kelvin Avatar

      Thanks for your comments, Joy.

      Actually, I don’t see that many sheep and goats in Great Western Road in the middle of Glasgow. I do see sheep when I drive in the countryside but very rarely goats.

      I think that it is the case that in the Middle East, sheep and goats are pastured together and do sometimes need sorting out. Here in Scotland, sheep and goats (especially wild goats) look very different. However I think in the Middle East, that’s less true.

  3. Julie Mansfield Avatar
    Julie Mansfield

    Kelvin, I’ve only just found your reply! Thanks so much for bothering. I really mean it. I thought you must have just ignored it. Yes, I see what you are saying but… I would say that all those meaningful words in the Bible about what God is like only make sense in the context of understanding who God is. ( i.e. that He came into being as the personification of the worldview of the marginalised Hebrew people, later taken up by Jesus, just as all of the other communities of the ancient Near East had gods representing their worldviews. I study with this bloke here http://www.bibleincartoons.co.uk. ) What I am trying – !! – to say is that God obviously cannot be everyone’s ‘truth’, ‘joy’, ‘justice’ etc because in society there are contradictory ideas about what these things are.

    1. Kelvin Avatar

      Are there contradictory ideas about truth, joy and justice?

      I’m not so sure. Surely we can still speak of these things as though they had some commonly understood meanings.

      1. Julie Mansfield Avatar
        Julie Mansfield

        oh absolutely there are, Kelvin. Just one of many examples: these immigrants in the Mediterranean Sea. Their truth and joy and justice is to be allowed to come and live here. Many folk here get their truth, joy and justice in seeking to put in controls. Whose truth, joy and justice is right? As I see it, the god of the marginalised Hebrews would side with the immigrants but I’m not sure about the Church…

        1. Kelvin Avatar

          I was speaking about God, not ethics. That’s not to say that there isn’t a lot that is interesting to say about the two, but they are quite different I think.

          The fact that people disagree about how to show love. does not, to me at least, negate the assertion that God is love.

      2. Julie Mansfield Avatar
        Julie Mansfield

        Oh absolutely there are contradictory ideas, Kelvin. Just one of many examples; these immigrants in the Mediterranean Sea. Their truth and joy and justice is to be allowed a place to live and thrive. For many folk here, their truth and joy and justice depends on keeping out as many immigrants as possible because they affect housing, medical care, schools etc. As I see it, the Biblical god of the marginalised Hebrews is on the side of the immigrants…

        1. Julie Mansfield Avatar
          Julie Mansfield

          sorry I didn’t see your reply! My difficulty is that you use words as if they have a universal meaning. E.g. love is not a neutral word. there are many different types of love such as conservative paternalistic love or socialist love or non-marginalising love. They are all love. How can God be them all?

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