Resolved, the
House of _____ concurring, That the 75th General Convention authorizes use of
the rites for Celebration and Blessing of a Marriage and The Blessing of a Civil
Marriage in the Book of Common Prayer for same-sex couples in those civil
jurisdictions that permit same-sex marriage, and further authorizes modification
of gender references in the rites to accommodate such marriages,
and be it further
Resolved, That Canon 18:
Of the Solemnization of Holy Matrimony, be
amended to permit such usage by making the following
changes:Sec. 1. Every
Member of the Clergy of this Church shall conform to the laws of the State
governing the creation of the civil status of marriage, and also to the laws of
this Church governing the solemnization of Holy Matrimony.
Sec. 2. Before solemnizing a marriage the Member of
the Clergy shall have
ascertained:
(a)
That both parties have the right to contract a marriage according to
the laws of the State.
(b)
That both parties understand that Holy Matrimony is a physical and
spiritual union of a man and a woman two persons, entered into
within the community of faith, by mutual consent of heart, mind, and will, and
with intent that it be lifelong.
(c)
That both parties freely and knowingly consent to such marriage, without fraud, coercion, mistake as
to identity of a partner, or mental reservation.
(d)
That at least one of the parties has received Holy Baptism.
(e)
That both parties have been instructed as to the nature, meaning, and
purpose of Holy Matrimony by the Member of the Clergy, or that they have both
received such instruction from persons known by the Member of the Clergy to be
competent and responsible.
Sec. 3. No Member
of the Clergy of this Church shall solemnize any marriage unless the following
procedures are complied with:
(a)
The intention of the parties to contract marriage shall have been
signified to the Member of the Clergy at least thirty days before the service of
solemnization; Provided, that for weighty cause, this requirement may be
dispensed with if one of the parties is a member of the Congregation of the
Member of the Clergy, or can furnish satisfactory evidence of responsibility. In
case the thirty days’ notice is waived, the Member of the Clergy shall report
such action in writing to the Bishop immediately.
(b)
There shall be present at least two witnesses to the solemnization of
marriage.
(c)
The Member of the Clergy shall record in the proper register the date
and place of the marriage, the names of the parties and their parents, the age
of the parties, their residences, and their Church status; the witnesses and the
Member of the Clergy shall sign the record.
(d)
The Member of the Clergy shall have required that the parties sign
the following declaration:
(e)
“We, A.B. and C.D., desiring to receive the blessing of Holy
Matrimony in the Church, do solemnly declare that we hold marriage to be a
lifelong union of husband and wife two persons as it is set forth
in the Book of Common Prayer.
(f)
“We believe that the union of husband and wife two
persons, in heart, body, and mind, is intended by God for their mutual joy;
for the help and comfort given one another in prosperity and adversity; and,
when it is God’s will, for the procreation of children and their nurture in the
knowledge and love of the Lord.
(g)
“And we do engage ourselves, so far as in us lies, to make our utmost
effort to establish this relationship and to seek God’s help thereto.”
Sec. 4. It
shall be within the discretion of any Member of the Clergy of this Church to
decline to solemnize any marriage.
and be it further
Resolved, That Canon 19: Of Regulations
Respecting Holy Matrimony: Concerning Preservation of Marriage, Dissolution of
Marriage, and Remarriage, be amended to permit such usage by making the
following changes:
Sec.
1. When marital unity is imperiled by dissension, it shall be
the duty, if possible, of either or both parties, before taking legal action, to
lay the matter before a Member of the Clergy; it shall be the duty of such
Member of the Clergy to act first to protect and promote the physical and
emotional safety of those involved and only then, if it be possible, to labor
that the parties may be reconciled.
Sec. 2 (a) Any member of this
Church whose marriage has been annulled or dissolved by a civil court may apply
to the Bishop or Ecclesiastical Authority of the Diocese in which such person is
legally or canonically resident for a judgment as to his or her marital status
in the eyes of the Church. Such judgment may be a
recognition of the nullity, or of the termination of the said marriage;
Provided, that no such judgment shall be construed as affecting in any
way the legitimacy of children or the civil validity of the former
relationship.
(b) Every judgment rendered under this Section shall be
in writing and shall be made a matter of permanent record in the
Archives of the Diocese.
Sec. 3. No Member of the Clergy of this Church shall
solemnize the marriage of any person who has been the husband or wife
spouse of any other person then living, nor shall any member of this Church
enter into a marriage when either of the contracting parties has been the
husband or the wife spouse of any other person then living, except
as hereinafter provided:
(a)
The Member of the Clergy shall be satisfied by appropriate evidence
that the prior marriage has been annulled or dissolved by a final judgment or
decree of a civil court of competent jurisdiction.
(b)
The Member of the Clergy shall have instructed the parties that
continuing concern must be shown for the well-being of the former spouse, and of
any children of the prior marriage.
(c)
The Member of the Clergy shall consult with and obtain the consent of
the Bishop of the Diocese wherein the Member of the Clergy is canonically
resident or the Bishop of the Diocese in which the Member of the Clergy is
licensed to officiate prior to, and shall report to that Bishop, the
solemnization of any marriage under this Section.
(d)
If the proposed marriage is to be solemnized in a jurisdiction other
than the one in which the consent has been given, the consent shall be affirmed
by the Bishop of that jurisdiction.
Sec. 4.
All provisions of Canon I.18 shall, in all cases,
apply.