SEC Canon 31 Incompatible with Marriage Liturgy

SEC Canon 31 Incompatible With Marriage Liturgy

The revised Canon 31 of the Scottish Episcopal Church (SEC), as approved by the General Synod of June 2017, has the following wording in clause 1.

In the light of the fact that there are differing understandings of the nature of marriage in this Church, no cleric of this Church shall be obliged to conduct any marriage against their conscience. Any marriage which is to be conducted by a cleric shall be solemnised strictly in accordance with the civil law of Scotland for the time being in force and provided said cleric is satisfied, after appropriate enquiries, that the parties have complied with the necessary preliminaries as set forth in the civil law. 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 26. No cleric shall solemnise a marriage between persons of the same sex unless said cleric shall have been nominated on behalf of the Church to the Registrar General for Scotland.

It seems clear from this that the SEC now upholds two principles that did not apply before the revision of this Canon.

1. The SEC has multiple understandings of the nature of marriage.

2. There are circumstances in which the SEC will solemnise marriages between persons of the same sex.

Notwithstanding this change to Canon 31 the teaching of the SEC is defined within its formularies [Canon 54 clause 2(d)]. Amongst these formularies is the Marriage Liturgy, approved by General Synod in May 2007. Indisputably the teaching contained in this Liturgy is that marriage is between a man and a woman. Section 2(B) states, “In the life-long union of marriage, we can know the love of God, who made us in the divine image, man and woman.” Similarly Section 2(C) states, “The Scriptures teach us that marriage is a gift of God in Creation and a means of his grace, a holy mystery in which man and woman become one flesh.” The alternative section 2(A) does not contain any similar statement, but this does not negate the teaching in the other two sections: alternative sections may provide additional understanding of the teaching of the Church, but they certainly do not counteract teaching given elsewhere.

This leads us to conclude that the two principles added to Canon 31 are incompatible with the teaching of the SEC as expressed in its formularies.

1. The Liturgy of Marriage presents one single and consistent understanding of marriage as derived from Scripture.

2. The Liturgy of Marriage specifically relates marriage to a union between a man and a woman.

This contradiction places clergy in an invidious position. Any cleric conducting a marriage between persons of the same sex renders himself or herself liable to an accusation of an offence against Canon 54 clause 2(d), viz. “teaching or publicly advocating doctrines or beliefs subversive of or incompatible with the teaching of the Church as expressed in its formularies.” On the other hand any cleric publically expressing the view that marriage between persons of the same sex is unscriptural and that those solemnising it disobey God renders himself or herself liable to an accusation of an offence against Canon 54 clause 2(c), viz. “knowing violation of the Code of Canons or of anything lawfully ordered thereunder,” or clause 2(e), viz. “conduct or behaviour disrespectful to or showing contempt for the diocesan Bishop.”

Up till now those in the SEC seeking changes to marriage have hoped that a relatively minor and innocuous fix to Canon 31 would suffice. But the glaring inconsistencies now exposed mean inevitably that the Church will either have to backtrack on Canon 31, or will have to radically re-write the Liturgy of Marriage to ensure it is compatible.

Stephen P Townsend, 16 Nov 2017

Lay Representative, SEC Aberdeen & Orkney Diocesan Synod and SEC General Synod