• 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.

20 responses to “Becoming a Welcoming Cathedral”

  1. Meg Rosenfeld Avatar
    Meg Rosenfeld

    My husband and I became members of All Saints Parish, San Francisco not long after our first experience attending Sunday Mass in that charming little church in the notorious Haight-Ashbury district. At that time we’d been members for over 20 years of a parish in another diocese, but were beginning to stay in San Francisco on weekends. What inspired us to join All Saints as members was the receipt of a simple hand-written letter from the rector some two or three days later, saying it had been a pleasure to have us there and hoping we would come again. Neither of us had ever had such an experience in any church we’d attended. We were absolutely amazed (in a positive way!) and made up our minds then and there that we would, indeed, go back. Mind you, we were also welcomed by the official greeters, urged to come to coffee hour, and approached at coffee hour with friendly overtures from the regulars–which is not always the case in Episcopal churches, at least in California. I guess it was just the right balance between friendliness and respect for one’s privacy. In any event, we are still at All Saints, almost 20 years later, up to our ears in choir, committees, and activities. To me, it was the letter from the rector which did the trick. He (an introvert like myself) wasn’t too busy to acknowledge new people, and in a way which was totally unthreatening.

    1. Kelvin Avatar

      Thanks Meg – that’s a great story.

  2. Andrew Connor Avatar

    I go to a church which gets the coffee just right. But I don’t feel welcome.
    I go to a church which gets the welcome team just right. But I don’t feel welcome.
    I go to a church which denies that I was born gay and have chosen to love my same see partner whom I am not allowed to celebrate with. You see? I don’t feel welcome.
    The homilies never include such exclusion. Never did they mention my being part of the Us of the parish though.
    We have regular celebrations of love but not mine.
    Many speak of going home to love one another and others exhort us to reach out and love the stranger. But I am in the midst of you and m only loves if I deny my own self.
    There is indeed much still to do.
    Welcome in our Church? Discuss.

    1. Kelvin Avatar

      I know Andrew. I know it all too well. And I know that the ease with which these loves can be spoken of here in St Mary’s in pulpit and pew is tragically remarkable in its rarity.

  3. Father Ron Smith Avatar

    Bravo, Kelvin. I always feel that we in the Church are standing in the place of Christ – who welcomes all. Agape, Fr. Ron, ACANZP

  4. Dharma Nicodemus Cuthbert Avatar

    Strangely enough about 1 hour before you posted this, I had been in a meeting in which one of the subjects discussed was getting more people to come to the church. The comments were full of “what can we do” I know that unless someone is willing to do outreach work nothing changes. I feel that as the church, St James the great, in Dingwall, will be having an open day when the refurbishment is complete, an ideal opportunity to raise the profile of the church.
    I have taken on board the difficulties of being welcoming and at the same time not being separate, as you put it us and them. I have had experience of being both, part of a group and the new face

  5. Janet Koch Avatar
    Janet Koch

    conscientize?

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