The lawyers will go on debating this, but at first sight, I don't think we can argue with the secular tribunal's reading of the Church's position. The Church has ruled on the definition of marriage. Right or wrong, it's hard to dispute that to go against the rules is to breach the clergy vow of canonical obedience. We may think it's plain inconsistent, not to say unjust, to allow the clergy to enter into civil partnerships (which, let's not forget, many bishops fiercely resisted when they came in) but balk at marriage to their same-sex partners. But there it is.
It's the rules themselves that need questioning. The Church has ruled many things in the past that have imposed a discipline on its members, especially on the clergy as its public officers. But later, as situations have changed, it has changed its mind too, either by rewriting the rules or quietly forgetting they were there in the first place. I've written about this before, so this isn't new. But here are some instances we shouldn't forget.
Take contraception. In the early twentieth century, birth control was as contentious a matter at Lambeth Conferences as homosexuality has been in recent decades. Bishops argued fiercely that to tamper with the beginnings of human life flew in the face of the Bible and Christian tradition; and contraception accessible to all would be bound to encourage immorality. But I guess not many C of E couples today refer to these official statements when deciding on contraception. And theology has successfully integrated it into an entirely biblical view of creation and procreation so that it's been a matter of principle and not just pragmatism.
Then there's a more recent change of mind: the ordination of women as priests and bishops. Traditionalists regard this as problematic both in principle and because it puts at risk wider ecumenical relationships. I won't rehearse the arguments on both sides. What I want to point out is that the Church has listened hard and changed its mind about the ethics and theology of how gender equality is reflected in the leadership of the Christian community. We can blame a secular 'society' for putting pressure on the Church, but such pressure may be precisely the prophetic voice that calls for and initiates change that is both right and just.
Most relevant to Jeremy's case is the remarriage of divorcees in church. I am old enough to have taken part in many a synodical debate about this. It's a sharp question: how can a promise of lifelong fidelity be dissolved by being overwritten by a subsequent identical vow? Didn't Jesus teach unambiguously that 'whoever divorces...and marries another commits adultery'? Nevertheless, the Church has found a way of acknowledging the 'fact on the ground': that marriages break up and couples look to the Church to sanctify a new start. Here too theology has looked again at its reading of scripture and tradition. It's a daring step because it clearly re-construes what we mean by the vows of marriage. But as the proponents of this change of discipline argued at the time, it didn't follow that the Christian understanding of marriage had itself been compromised.
In each case, the direction of travel has been from exclusion to inclusion. It hasn't meant a change in Church doctrine, rather the way in which it is lived out. We don't have to look very far in the New Testament to see that this was the question that exercised the mind of the early church and bitterly divided its communities. As soon as the gospel began to travel outside the Jewish world, it raised a sharp question. When gentiles felt the force of religion and wanted to become Christians, did they need to become Jewish first and be circumcised in order to be received into the church? The clear answer was no. But it took time to 'discern' it, and there was much fierce debate and painful falling-out on the way. We find it hard to imagine today what a profound change of mind and heart it involved.
So I have come to believe (not without struggle) that the Church of England should recognise and honour equal marriage. Fundamentally, what matters is that equal marriage (that is to say marriage) embraces the promise of lifelong fidelity. (The state still needs to spell out its understanding of loyalty and faithfulness in same-sex relationships, but the principle is there.) Christianity promotes covenanted unions because they confer shape and discipline on our otherwise wayward human sexuality. And like the remarriage of divorcees, this 'enlarging' of marriage is precisely not a change of understanding but a matter of inviting a previously excluded group to come inside, take on its undertakings and enjoy its benefits. If I have to choose between being more inclusive or less, I shall take a risk and go for the more. It's what I see Jesus doing in the face of bitter opposition. I what I see the early church demonstrating in its welcome to gentile believers.
This week, the new Church of England website on marriage has gone live. It's geat timing for us as my daughter and her fiancé are planning a church wedding next year. In many ways it's exemplary: warm, inviting, and helpful. But if you are a gay Christian man or woman in a committed relationship, how does this read to you? The law prevents ministers of the Church of England from carrying out same-sex marriages. And although there are no authorised services for blessing a same-sex civil marriage, your local church can still support you with prayer. At any time you are welcome to come and pray with us, or ask us to pray for you. Yes, the law is the law. But the website doesn't explain that the Church of England wanted it that way. How I wish we could say something different!
Will I live long enough see the Church of England embrace equal marriage in my lifetime? I don't know, if I'm honest. But I'm seeing enough movement of hearts and minds among Christians to hope so.