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

Where do we find the doctrine of the C of E? One answer to that question is: in our liturgy. That is why huge significance has been placed on liturgical texts which have been, or may be, authorised as part of Living in Love & Faith. The claim is often dignified by repetition of the phrase, lex orandi, lex credendi (‘the law of praying is the law of believing’) but this is not found in any formally authoritative source. The situation is in reality a bit more complicated. It might seem to an innocent observer that the 39 Articles of Religion (1571) are a statement of the Church of England’s doctrine. But by the later 20th century it was recognised that these were the product of a particular time and concerns. So, instead, the Worship and Doctrine Measure 1974 enabled the adoption of the Declaration of Assent used at every clergy licensing. This recognises the Articles (alongside the Prayer Book and Ordinal) as ‘witness’ to the faith found in Scripture and set out in the Creeds, and requires the new minister to recognise them as ‘inspiration and guidance’ – but no longer as a decisive statement of faith in every one of their details. It is this understanding which has been recognised in the law of the Church of England by the Court of Arches.[1]
This absence of a straightforward statement of doctrine, and the reality that an appeal to Scripture only generates competing interpretations, has meant looking to approved liturgical texts as evidence for what the Church does or does not believe, a pattern encouraged by the 19th century era of litigation around liturgical controversy. This is reinforced by the circular theological position set out in the liturgical part of the 1974 measure and the Canons; that various bodies (Synod, Convocations, ordinaries) may authorise liturgical texts which “are neither contrary to, nor indicative of any departure from, the doctrine of the Church of England in any essential matter.” In the absence of any clear test of what that doctrine is, and the lack of any workable legal means to apply a test, the authorisation of a text is effectively evidence that its content does conform to the doctrine of the Church.
Curiously, many of those opposed to change have argued at various points that, because any change to the Church’s teaching on marriage and sexuality would be a change in doctrine, this would require the use of the full Synodical process for approving liturgy under Canon B2. This is similar to the legislative process with first, revision, and final stages, and two-thirds majorities required in each House. This was what happened, for example, when the new Eucharistic texts in Common Worship were agreed in the late 1990s, as these are alternatives to the Prayer Book service of Holy Communion. However, all that Canon B2 provides is a mechanism for Synod to approve texts which are (in its opinion) “neither contrary to, nor indicative of any departure from, the doctrine of the Church of England in any essential matter” – the test referred to above. The Canons do not include a concept that the doctrine of the Church of England ever actually changes in any essential matter, only that it is expressed differently. So neither the ordination of women as priests and bishops in 1994 and 2014 respectively, nor acceptance of the remarriage of divorcees from 2002, were a change in doctrine (which would imply, perhaps, rewriting the Creeds or redefining the canon of Scripture) but merely reorderings of our common life. Even if Synod were to endorse same-sex marriage, this would only confirm that it was “neither contrary to…..” (you know the rest!)
I am writing whilst the LLF process is still very much underway, and it is increasingly clear following the Archbishop of Canterbury’s recent podcast interview that it will help everyone if the House of Bishops could achieve some more clarity about what they believe they are doing. Contrary to what it may seem, however, they have done more than argue and procrastinate. Last December they commended the Prayers of Love & Faith as resources for use in regular services, together with a statement denying that these constituted any change in doctrine, or of teaching on sex. I agree that they are not a change in doctrine, but they are a change. In response to the legalisation of civil partnerships in 2005, the then House of Bishops declared that “clergy…should not provide services of blessing for those who register a civil partnership”[2] and on the introduction of same-sex marriage in 2014, repeated the instruction, “Services of blessing should not be provided.[3] Whereas now they have very clearly commended a set of prayers that may be used with those who have formed a civil partnership or same-sex marriage.
Officially, of course, there is some hairsplitting, that the Prayers do not provide ‘services of blessing’ and so somehow this is not a contradiction. I don’t think anyone is convinced. Even when they are simply used in existing services, the PLF invite a minister to name the specific couple involved, and there are prayers asking God to bless them. And ironically the inclusion of different prayers for covenanted friendships clarifies the matter – because covenanted friendships are explicitly stated to be non-sexual and non-exclusive, that makes it clear that the main Prayers are for what we might try to gloss as one’s ‘central personal relationship.’ The associated Guidance fortunately makes it clear that it is not appropriate, with the PLF as with marriage couples, to ask intrusive questions about the intimate expression of any such relationships. The Guidance also includes warnings that services should not imitate Holy Matrimony, whilst wisely noting that particular dress and associated trimmings are varied and subject to a range of cultural assumptions. Since the distinctive mark of Holy Matrimony (as opposed to legal marriage in England today) is that it is between a man and a woman, we do not really need this warning, as the PLF are explicitly for same-sex couples.
I shall return to the question of what sort of movement in the teaching of the Church on personal relationships this represents below, but first want to be clear about the status of the texts. They are commended by the House of Bishops for use by ministers in their discretion under Canon B5, meaning that the House has determined that they are (guess what!?) “neither contrary to nor &c.” This formula of commendation was devised in the 1980s to introduce new seasonal liturgical material in Lent, Holy Week & Easter (1986), The Promise of His Glory (1991) and much more since, on the basis that if a specific text had been approved under either Canon B2 or B4, that would have become the only permitted text, and stifled the liturgical freedom to devise seasonal services according to local need and custom. I have seen the argument both that this was different from the Prayers of Love & Faith, because it was not controversial, and that texts commended by the House of Bishops have no particular standing in law. Neither of these is true.
Both Lent, Holy Week & Easter and The Promise of His Glory were presented to General Synod in the form of drafts in reports from the Liturgical Commission, for a ‘take note’ debate. In both cases the motion was passed by show of hands (meaning the level of support was not recorded) and it is possible that there was only modest interest from Synod (in the latter debate someone successfully challenged whether the House of Bishops was quorate!) Nonetheless, elements of the proposed texts were resisted and, more significantly, on both occasions speakers rose to object directly to the proposed method of commendation by the House, arguing that as the new books restored ceremonies which had been deliberately abolished at the Reformation, a full canonical process of approval should be followed. The ‘take note’ format also allowed the Liturgical Commission to go away and revise the texts including responding to comments in Synod, and the texts were then published without Synod having any opportunity to express a view on the final version. Though even then sex was more exciting than liturgy (as in the Higton debate of 1987) it was not without differences of opinion on both content and process. As for the standing of the texts from a legal viewpoint, both have been cited in faculty judgments in support of the acquisition of e.g. processional candlesticks and incense apparatus, as these are envisaged by their rubrics.[4] Although the exact impact of the decision must remain unclear until tested in court, the Prayers of Love & Faith commended by the House of Bishops do say something, as much reaction seems to confirm, even if we are still trying to work out what.
Allow me a diversion. Readers who are familiar with Yes, Prime Minister may remember the episode in which Prime Minister Jim Hacker is manipulated into appointing a don from Sir Humphrey’s old college as Bishop of Bury St Edmunds in order to ease the latter’s retirement plans. At one point he is presented with an alternative candidate who has strong opinions on matters of public morality – abortion, teenage pregnancy, gambling. Hacker protests that those are matters about which he is trying not to have a policy (by implication, because they are too difficult and controversial) and Bernard Woolley, the Private Secretary, pedantically responds, “Yes, he is against your no-policy-policy” and so he is ruled out, and Sir Humphrey’s plan advances another step.
It seems to me that perhaps there is some hope that the Church of England is moving, more perhaps by accident than design, to something of a ‘no-policy-policy’ on sexual relationships, in spite of the strong voices who oppose this. Besides anything else, any clear policy is going to have to draw some uncomfortably explicit lines around particular sexual acts, and it is difficult to imagine this turning out anything other than laughable. In other words, it might be that we reach a position where the Church responds to particular circumstances, both locally on an individual basis and commenting on national trends, but finally gives up pretending that the public role of Christianity is to define who is allowed to have sex with whom, as if anyone were really listening to that any more. And this would then be much like our wise resistance to absolute rules on war and peace, or how people spend their money, or the benefits and risks of the AI revolution. And we could get on with worshipping and serving the God who redeemed us in Christ, and whose world needs his love so much.
References:
[1] In the case of in Re St Alkmund, Duffield [2013] Fam 158, paras 24(a)-26
[2] House of Bishops statement on civil partnerships, https://www.churchofengland.org/sites/default/files/2017-11/house-of-bishops-statement-on-civil-partnerships-2005.pdf, §17
[3] House of Bishops Pastoral Guidance on Same-sex Marriage, https://www.churchofengland.org/sites/default/files/2017-11/house-of-bishops-pastoral-guidance-on-same-sex-marriage.pdf §21
[4] In Re. St John the Evangelist, Chopwell [1995] Fam 254 and subsequent judgments adopting Chancellor Bursell’s reasoning.




