wfn.org | [ACNS] Statement from The Church of the Province of Southern Africa

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ACNS 3976     |     SOUTHERN AFRICA	 |     06 MAY 2005

Statement from The Church of the Province of Southern Africa

Statement from the Anglican Church on Marriage and Same-Sex
Relationships 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.

1. 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.

2. Our Church's position is clear in the Marriage Service in the
Anglican Prayer Book, and in the Canons.

2.1 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.'

2.2 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.

3. 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.

3.1 In its judgement the Court affirms two points which seek to address
in advance, concerns which our people have subsequently expressed.

3.1.1 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)

3.1.2 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'.

4. 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.

4.1 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.

4.2 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.

4.3 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.

5. Therefore the decision of the Appeal Court should not cause alarm
among Anglicans.

5.1 The Church is not compelled to conduct same-sex marriages.

5.2 Clergy are not being required to do anything which the Church does
not believe or permit.

6. 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 Ndugane on
+27 (0)82 894-1522.

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