(a discussion paper, following on from others on the relation of the divorce culture to the demands by "gay" persons for full recognition of their rights)
If the "antinomianism" of the present ECUSA marriage and "gay" policies is abandoned, there is no need to go into a form of legalism. However, there will need to be a major change in ECUSA canon law in order for there to be any real change in practice at the parish level. Caring and enlightened Bishops can do much by teaching and leadership to bring in the necessary changes that justice requires and that mercy should accompany.
THUS
Canon Law of a Church which is written in the light of the teaching of Jesus and his apostles will be "strict" in regard to ministers of the Church officiating at second marriages when a previous spouse is still alive.
Such Canon Law must regard divorce - for whatever reasons - as a breaking of that which is intended & commanded to be for life ("That which God hath joined together, let no man put asunder.")
Such Canon Law must regard the remarriage of a divorcee (except in rare circumstances) as contrary to the will of the Lord Jesus and thus not to be undertaken in church as if it were, or could be, wholly in accord with divine Order for Creation and the Church.
Canon Law has always made provision for separation of a man and wife where there is just cause for this separation - e.g., constant cruelty being shown, adultery etc.
Canon Law stands always for chastity in sexual relations.
Canon Law cannot prevent a baptized person (or anyone else) seeking divorce in the secular courts; but will itself continue to regard the first marriage as the one made in the Name and with the blessing of God, the Holy Trinity.
Canon Law (Anglican style) has always recognized the where a couple (a bachelor & a spinster) has been married according to the law of the state where they live then that is in God's sight a real marriage. Thus, if there is a divorce, and then one of the divorcees is converted to Jesus Christ, this conversion does not change the fact that this person is still a divorced person -- in this case a Christian who has been divorced. Thus this person has no automatic right to being re-married in church to another person as if he were marrying for the first time. (Open the door here and it will be soon opened very wide by all kinds of appeals for special cases!)
Any new expression of the ECUSA (e.g., dioceses supported by Primates abroad?) ought to revert to the Canon Law on marriage as it was previous to the 1960s and at the same time generously declare that all previous marriages conducted in the ECUSA in recent decades using the official service in the 79 prayer book shall stand as valid (even if by the new standards for post 2003 they ought not have taken place in church).
Giving of an Annulment by a Bishop should be avoided for it is open to grave scandal and to misuse (as in the Continuing Church movement now). Annulments should come if at all from the secular courts.
THIS SAID.. ALSO
The Church ought to be deeply involved in the care of persons affected by modern marital breakdown and separation, showing pity and mercy and offering help. But this help does not mean counseling that is based on modern ideas of rights, autonomy and self-realization/ self-fulfillment; rather, it means counseling to help to bring one's life under the sovereign grace of God and in receipt of that grace and mercy.
If a divorced person decides to remarry, that should take place at an office of the State and according to the laws of the State. It will then be open for the local church to offer, if asked, a service of prayer and dedication in which God will be asked to forgive what is past and graciously to help in the present and for the future. The admittance of such persons to the Lord's Table or to lay offices in the church should not be automatic but dependent upon pastoral judgment by the bishop.
BUT no clergyperson (deacon, presbyter or bishop) who is divorced ought in the new Order to remain in official ordained ministry if he/she remarries and has a previous spouse alive.
AND no person actively engaged in a homosexual partnership, long term or short term, ought to be ordained or remain in ministry if ordained in the new Order, unless there is a full repentance and change of life.
THE CHURCH CANNOT CHANGE THE WORLD IN TERMS OF THE NATURE AND MEANING OF MARRIAGE; BUT IT CAN CHANGE ITSELF AND REFLECT MUCH MORE THAN IT NOW DOES THE MIND AND WILL OF THE LORD JESUS FOR HOLY MATRIMONY AND SEXUAL RELATIONS. IN PARTICULAR IT CAN SEEK TO REVIVE TRUE CHASTITY.
The Rev'd Dr. Peter Toon M.A., D.Phil. (Oxon.)
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