Guardian: Anglican Bishops Can't Do Damned Thing about Clergys' Same-Sex Marriage

The Guardian

by Giles Faser

http://www.theguardian.com/commentisfree/belief/2014/mar/11/gay-clergy-marriage-anglican-communion

Gay clergy marriages: the final chapter of the Anglican Communion fiction

Despite the inevitable toy throwing – from bishops and overseas churches – there is little anyone can do about them            

 

Gay marriage becomes a legal reality in the UK on 29 March. Photograph: Facundo Arrizabalaga/EPA

Well, you could knock me down with a feather duster. The Pope is looking into the subject of gay marriage. According to Cardinal Timothy Dolan, the Holy Father said to him that "rather than quickly condemn them, let's just ask the questions as to why that has appealed to certain people". OK, it's hardly a new Vatican policy. But language matters. And in the week of the first anniversary of Francis's appointment as pope, it is worth recognising how far the language has come.


But things are going to change even faster for the Church of England over the next few weeks. With gay marriage becoming a legal reality on 29 March, it is certain that a number of clergy will be looking to get hitched, in direct defiance of the wishes of their bishops who have vaguely warned of disciplinary action if they do. But the truth is that the bishops can actually do very little about it. The following is slightly nerdish stuff, but for the likes of north London vicar Reverend Andrew Cain, now preparing for his nuptials, it is crucial. Writing on my Facebook page last night, the Bishop of Buckingham explained the clergy discipline measure:

"Its Section 7 lays down that matters of doctrine and worship are not justiciable under the measure, but must be tried under the Ecclesiastical Jurisdiction Measure 1963. Insomniacs may remember that around 10 years ago there was a proposal to have a Clergy Discipline Measure type measure for doctrine and worship cases but it failed. The legal trail leads from here to section 39 of the EJM63. The maximum penalty it lays down for a first offence is a rude letter telling you not to do it again – which hopefully people getting married won't."

Of course, the bishops could pretend that clergy getting married is not a matter of doctrine, but this would be a bit of a problem given that they have been going round telling everyone that it is.


Other ecclesiastical nerds could point to the 32nd of the 39 articles – historically, the defining doctrines of the Church of England and beloved by conservatives: "Bishops, Priests, and Deacons are not commanded by God's laws either to vow the estate of single life or to abstain from marriage. Therefore it is lawful also for them, as for all other Christian men, to marry at their own discretion, as they shall judge the same to serve better to godliness." Of course, they didn't have gay marriage in mind when they wrote this. But meaning is not determined by authorial intent.


All this means that the bishops won't be able to do a damn thing about their clergy having same-sex marriages. As the bishop of Buckingham explained: "If a member of the clergy wants to marry, I may like or not like the match, but I have no legal power to stop them marrying." And when this happens, the toys will be thrown from many a Nigerian church pram. The fiction that is the Anglican Communion will be over and we can go back to being the Church of England, rather than the local arm of the empire at prayer. And thank God for that.