by Revd Canon Neil Patterson, Vice-Dean of Bristol Cathedral and Chair of Together for the Church of England

Amongst the papers presented to this February’s General Synod by the Bishop of Europe on the 13th February are two which include significant amounts of theological reflection on the Church’s understanding of marriage, presented as contributions to the ongoing work of Living in Love & Faith. The first is contained in the long GSMisc1406 paper on many different doctrinal aspects, including an exhaustive summary of many different texts and documents on marriage; unsurprisingly, these show a certain harmony as they are related to one another, and there is limited acknowledgement of the changing social context of marriage to which they applied, or the way in which the mid-20th century texts emerge from a situation of impassioned but ultimately unsuccessful resistance to the acceptance of divorce and remarriage. More concerning, however, is the shorter GSMisc1407 from the seven members of the Episcopal Reference Group, as this is presented as their provisional advice to the House of Bishops and Synod on the doctrinal questions.
GSMisc1407 is formed of a presentation of ‘Nine Theses’ about the nature of marriage which are asserted to have been held consistently through Anglican history, followed by reflections on areas where specific theses have shifted or been viewed differently over time. It then concludes with a reflection that the ‘envelope’ of marriage has been seen as more or less expansive, and so inviting the bishops to consider whether the envelope is large enough to include same-sex couples, or whether some particular decision could make it so. Naturally, all of us, bishops or not, are likely to line up fairly predictably on either side of whether or not the envelope is, or should be, large enough, or whether that is not possible.
I wish to respond rather more precisely to one area of the Nine Theses (though there are others which might well be questioned). This is the assertion about the nature of marriage as seen by the Church and in law which appear under Thesis 2: Marriage is God’s gift in creation (pp.6-8). I will leave Adam & Eve to others – my concern is with the claim of the unity of marriage whether contracted in church or civilly – and the way in which this appears to be either a careless or wilful sidestepping of the questions raised on p.7 of GS2289 (the original LLF paper tabled at Synod in February 2023). The starting point is the assumption, which as far as I am aware no-one is challenging, that opposite-sex couples who are legally married are regarded by the Church as married, whether or not that marriage was contracted in a church or civil setting.
However, the ERG move on to the question of whether or not this fact was changed by the introduction of same-sex marriage in 2014, to which they respond “it did not, however, change the wording or meaning of the civil rite as used by any given man and woman.” There is no reference provided for this assertion. There cannot be, because it is false. The reality in the law of England (though not the Canons of the Church of England, to be sure) is that the meaning of all marriages, including those contracted in churches, was changed by the 2013 Act. Every opposite-sex couple now marrying in England (or indeed the many other states that recognise same-sex marriage) is entering the same legally married state as all the same-sex couples married there. That civil status has various legal consequences, but the most important for the purposes of doctrine is that it is exclusive – being married to someone of the same sex is just as much an impediment to a further marriage (to someone of either sex) as opposite-sex marriage. As far as I am aware, no-one is claiming that the non-recognition of same-sex marriage by the Church allows same-sex spouses to freely commit bigamy by a church wedding to someone of the opposite sex.
For some opposite-sex couples, of course, they may not feel this to be so – they may believe (whether out of Christian conviction or otherwise) that marriage is only possible between a man and a woman. But they do not make same-sex couples any less legally married. The situation is closely analogous to those committed to the absolute indissolubility of marriage who do not recognise those married after divorce as truly married – a legitimate viewpoint that makes no difference to the real status of those marriages. However, many couples, including practising members of the Church of England marrying in church, recognise with rejoicing that marriage is now open to same-sex couples, whom they are pleased to regard as equal with them in marriage. That the ERG have dismissed their legally correct understanding with a baseless assertion seems rather more ‘pastorally damaging’ than a distinction between civil and church marriage that no-one has been attempting to make.
The real problem is that both the theological papers have deliberately set out to answer the wrong question, and so produced an answer that is not helping in the present context. By setting out to survey the history of official Church texts and documents on marriage, they have predictably enough delivered a synthesis of a reasonably coherent tradition, with at least some recognition of change over time. The question that needs to be asked, however, is what the Church believes theologically about same-sex marriage. This is not an abstract question about a hypothetical future, as the reports seem to muse. It is a live and urgent question about the thousands of same-sex married people in England now, including faithful church members, members of General Synod, prospective ordinands, clergy both serving and now excluded from ministry, and even the Archbishop of Canterbury’s Appointments Secretary. And it seems very possible that, following a consultation just begun, the Church in Wales may wish to commence same-sex marriages (a possibility provided for in the 2013 Act) and these may need banns to be called in England if couples live there, making it a very live issue indeed.
It seems to me there are three possible responses that might be considered at the present time, and this at least gives me a chance to return to a more Anglican approach by commending the middle way:
- Same-sex marriage is equal in every way to marriage (the secular legal position) and so should be regarded as theologically true also, with same-sex marriages regarded as holy (sacramental, if that is your language) even if contracted civilly. Though I recognise that this will be the personal view of some same-sex spouses in the Church of England, and is the position for which Together in the Church of England would argue in the long term, it seems clear to me that given the present form of the Marriage service and the text of Canon B.30, it is not the current position of the Church of England.
- Same-sex marriage is an aberration, because the use of the word ‘marriage’ and the surrounding cultural assumptions make it clear that it exists to formalise same-sex sexual relationships, which are contrary to the teaching of Scripture. The logical response is to systematically warn such couples of their sin, and seek to exclude them from all positions of responsibility. Some in the Church articulate this view clearly, but the Bishops’ Pastoral Guidance of 2014 provided that same-sex married couples should be welcomed, a welcome now more clearly manifested by the authorisation of the Prayers of Love & Faith as a means to celebrate the love of same-sex couples.
- The Church does not recognise same-sex marriage as Holy Matrimony (as defined in Canon B.30) but does regard it as a good thing, and following the guidance on the PLF, takes no specific position on sexual activity in such marriages (noting that by definition it will not be the ‘sexual intercourse’ of a man and a woman traditionally recognised as the consummation of an opposite-sex marriage). This follows the distinction suggested in GS2289, though not fully explored there (and against the argument of GSMisc1407) to offer a possible way to accept and celebrate those in same-sex marriages, including clergy, whilst the discussion on theology of same-sex relationships continues.


