by Professor Paul Middleton, Professor of New Testament and Early Christianity at the University of Chester, and a Church of Scotland Minister

Last month, the General Assembly of the Church of Scotland passed legislation to permit its Ministers and Deacons to conduct and solemnise same-sex marriages. The legislation is permissive, and the rights of those Ministers who choose not to conduct same-sex weddings are protected in Church as well as Civil Law. While the Quakers, Scottish Episcopal Church, United Reformed Church and Methodists have already authorised same-sex marriage, and the Church in Wales last year agreed to bless such marriages, the Church of Scotland is now the largest denomination in the UK to do so. How might this move by the National (distinct from ‘Established’) Church in Scotland affect current discussions in the Church of England as it nears the end of the Living in Love and Faith process?
In common with virtually every church around the world, the Church of Scotland has wrestled with questions of sexuality, and same-sex relationships in particular. Unsurprisingly, the Kirk originally took a strongly negative view, even initially opposing the setting up of the Wolfenden Committee. However, by the late 1980s, opinion became more divided, and some Ministers began offering services of blessings for same-sex couples. It is widely believed that conducting a blessing was the reason the Rev Margaret Forrester, one of the first women to be ordained, was never elected Moderator of the General Assembly.
Assembly reports through the 1990s and 2000s held conservative and liberal positions on sexuality in tension as the Church declined to either reaffirm a traditionalist position or endorse more revisionist positions. This was typified in 2006 when the Church refused to ban Ministers from conducting same-sex blessings, but also refused to guarantee those who participated in such blessings could not be subject to disciplinary procedures.
This uneasy truce was shattered in 2009 when a group of traditionalists challenged the decision of Aberdeen Presbytery to sustain the call of the Rev Scott Rennie, who was in a same-sex relationship, to Queen’s Cross Church. While Rennie was by no means the only Church of Scotland Parish Minister in a same-sex relationship, the action against the Presbytery brought the issue into the open, and began one of the most turbulent periods in the Church’s recent history. General Assembly sided with Aberdeen Presbytery, but agreed to set up a special commission to report on the legal and theological issues raised, while imposing a moratorium on ministers, boards, and courts of the church from making any further comment for two years.
In 2011, the Special Commission offered the Church two trajectories; one affirming a ‘traditionalist’ approach to sexuality and marriage, which would end any future ordination of Ministers in same-sex relationships, the other a ‘revisionist’ path towards explicitly affirming the place of gay Ministers in the Church. Instead of advocating either path, the Commission allowed arguments for the two contrary positions to sit side by side in the report. While debates over sexuality often make claims about what is ‘biblical’ or ‘unbiblical’, in the report both sides of the argument were dominated by the interpretation of Scripture.
The Church of Scotland holds that Scripture has a non-negotiable place as ‘the supreme rule of faith and life’, but it also fully embraces the insights of Biblical Criticism. Even ‘conservative’ reports from the 1980s and 1990s explicitly recognised that those equally committed to Scripture can reach different conclusions on this and other important issues. The main interpretative division between the two parts of the 2011 report was essentially over the difference biblical criticism makes to contemporary application. In 2011 the revisionist trajectory narrowly prevailed (56%/44%), but in all subsequent divisions confirming this trajectory from 2013 onwards, the vote has been consistently nearer to a 2:1 majority.
In 2015, Assembly finally passed legislation to allow congregations to call Ministers in same-sex Civil Partnerships and Marriage. It recognised that a significant minority in the Church did not support this move. Their consciences are protected in what has become known as ‘constrained difference’, in which a variety of views and practices are held, respected, and protected within the Church of Scotland.
What about the Church of England? Decades of inconclusive, aborted reports have not only entrenched already polarised positions, but have resulted in an increasingly intolerable tension between the theoretical ‘official’ position of the Church and the reality on the ground. Issues in Human Sexuality, the ‘official’ Bishops’ teaching statement, dates from 1991 and is an outworking of a conservative 1987 General Synod resolution. It states ‘clergy [as distinct from the laity!] cannot claim the liberty to enter into sexually active homophile [sic!!] relationships.’ However, the fact is that many are. Probably the most bizarre expression of this tension is that while Priests have been permitted to enter into Civil Partnerships since 2013, the Church of England (uniquely) persuaded itself that this was little more than an expression of ‘close friendship’. Unlike the Church of Scotland and the Church in Wales, the Church of England has never really acknowledged the presence of gay Priests, either to explicitly affirm their place in the Church or to enact disciplinary procedures against them. Moreover, in February’s General Synod, the Bishop of London effectively side-lined Issues by suggesting it was never designed to have an official place in the ordination process. A Private Members’ Motion from Rev Mae Christie has recently been tabled, asking ‘That this Synod request that the House of Bishops remove any requirements relating to Issues in Human Sexuality from the Vocations (Shared Discernment) Process.’
The Church of England already lives with a tense and unacknowledged ‘constrained difference’. Living and Love and Faith appears to be preparing the ground for at least beginning the journey to officially recognising that there is theological and biblical integrity in a range of positions. For what it is worth, it seems to me that agreeing to live with constrained difference on sexuality is far simpler than the Church’s current compromise on women Bishops, since it is effectively recognising what is already the case.
