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.â€
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.