STATEMENT
FROM THE
ANGLICAN CHURCH ON MARRIAGE AND SAME-SEX RELATIONSHIPS
6TH MAY
2005
Statement on
marriage in the
light of the decision of the Supreme
Court of Appeal of South Africa in Bloemfontein, 30 November 2004
We, the Bishops of the Church
of the Province of Southern Africa
(Anglican), meeting in Kempton Park 2-5 May 2005, wish to address our
clergy and people on the matter of marriage and same-sex
relationships.
- We are aware that the
decision of the Supreme Court of Appeal of
South Africa in regard to same-sex partnerships has caused some
concern that the notion of marriage in our society is being changed
and that this may have consequences for liberty of conscience and
religion, interfere with the church’s belief and practice,
and
affect the freedom of its clergy in their ministry.
- Our Church's position is
clear in the Marriage Service in the
Anglican Prayer Book, and in the Canons.
- Canon
34 Of Holy Matrimony
begins with this affirmation:
'The Church of the Province of
Southern Africa affirms that
marriage by divine institution is a lifelong and exclusive union
partnership between one man and one woman.' - Our
teaching and practice,
even when dealing with complex
pastoral situations such as marriage after divorce, are guided and
governed by this principle. Our Church has repeatedly affirmed that
partnership between two persons of the same sex cannot be regarded as
a marriage in the eyes of God, and that consequently we do not
recognise or bless such liaisons. There is currently a well-known
process of discussion and debate about matters of human sexuality in
our Church but while this continues, our stance remains unchanged.
- As we understand the
decision
of the Appeal Court, its effect is
to extend the common-law concept of marriage to include same-sex
partners, and provide them with the same legal protections as
marriage partners enjoy.
- In its
judgement the Court
affirms two points which seek to
address in advance, concerns which our people have subsequently
expressed.
- The first of these is in
regard to religious freedom in
general. The judgement says:
'It is important to emphasise
that neither our decision, nor the
ministerial grant of such a formula, in any way impinges on religious
freedom. The extension of the common-law definition of marriage does
not compel any religious denomination or minister of religion to
approve or perform same-sex marriages'. (para (36)287e) - Secondly
the Court spells
this out in relation to marriage
officers, by quoting section 31 of the Marriage Act (of South Africa)
as follows:
'Nothing in this Act contained
shall be construed so as to compel
a marriage officer who is a minister of religion or a person holding
a responsible position in a religious denomination or organisation to
solemnise a marriage which would not conform to the rites,
formularies, tenets, doctrines or discipline of his religious
denomination or organisation'.
- It is important to understand
that Anglican clergy are not
required to be state marriage officers in order to celebrate
marriages in church. It is the responsibility of the couple to
register their marriage with the relevant authority in the country in
which they live. However many clergy become marriage officers as a
service to those whom they marry, and as a service to the state. When
this happens, the state recognises the rites and rules of the Church
and appoints clerics to serve as marriage officers within the tenets
and discipline of the Church.
This has 3 consequences.
- The
state never requires a
church marriage officer to marry
anyone outside the framework of the church's regulations. For
example, Canon 34 provides that save for exceptional situations, one
party to a marriage in church must be baptised; we cannot be required
to marry two atheists or adherents of another faith in our churches
or by our liturgy. The same applies to our practice regarding
marriages after divorce. There does not seem to be any intention on
the part of the state to apply pressure in this regard, whether
regarding same-sex partnerships or otherwise.
- Clerics
who are state
marriage officers are not free to
operate autonomously, but only within the terms of their licences as
clergy, and therefore within the framework of the Canons. Thus a
cleric may only normally marry a couple of whom one is baptised, may
only marry someone who has been divorced with a licence from the
bishop in terms of Canon 34, and may not agree to conduct a marriage
service or liturgical blessing for a same-sex couple. To do otherwise
would lay a cleric open to ecclesiastical discipline. In South
Africa, this basis of operation is clearly accepted and protected by
the Marriage Act.
- The law of the land
recognises the freedom of conscience of a
cleric in regard to conducting marriages, as does Canon 34, notably
where a divorce has taken place. This secures the right to decline to
do something a cleric is licensed to do, but it does not authorise an
individual to do something which their oath of obedience to the
church precludes them from doing. Of course an individual may make
choices, but as long as a cleric who has qualified as a state
marriage officer exercises this role within the terms of a clergy
licence and thus as an official representative of the Church, he or
she may only do so within the prevailing law and regulations of the
CPSA
.
- Therefore the decision of the
Appeal Court should not cause
alarm among Anglicans.
- The Church is
not compelled
to conduct same-sex marriages.
- Clergy are not
being
required to do anything which the Church
does not believe or permit.
- More importantly, we call on
our people to continue celebrating
the joy of Christian marriage as a lifelong holy partnership under
God’s blessing, to practise sexual abstinence before and
outside the marriage bond, to show concern and compassion to those
whose relationships have become broken, to avoid and resist all forms
of inter-personal abuse or exploitation, and to continue in love and
respect for all those with whom we relate from day to day.
-ENDS-
FOR FURTHER INFORMATION PLEASE
'PHONE PENNY LORIMER, MEDIA LIAISON
FOR ARCHBISHOP NDUNGANE, ON 082-894-1522.
(Do you want to see related
pages, the whole
site or the non-frames Sitemap?)