OFFICIAL CHURCH OF ENGLAND
REPORTS AND RESOLUTIONS
RELATING TO MARRIAGE, DIVORCE & REMARRIAGE
Canon Law – Canon B30 OF HOLY MATRIMONY
The Church of England affirms, according to our Lord's teaching, that marriage is in its nature a union permanent and life-long, for better for worse, till death them do part, of one man with one woman, to the exclusion of all others on either side, for the procreation and nurture of children, for the hallowing and right direction of the natural instincts and affections, and for the mutual society, help and comfort which the one ought to have of the other, both in prosperity and adversity.
1957 Act of Convocation
"According to God's will, declared by our Lord, marriage is in its true principle a personal union…indissoluble save by death;….as a consequence, remarriage after divorce during the lifetime of a former partner always involves a departure from the principles of true marriage…"
This principle of lifelong obligation "is expressed in the plainest terms in the Marriage Service" and so "the Church should not allow the use of that Service in the case of anyone who has a partner still living" [This was rescinded by Synod in Nov 2002]
1966 Putting Asunder: A Divorce Law for Contemporary Society
Report on secular law's response to marriage and divorce. Not on church teaching or law. Advocated replacing doctrine of "the matrimonial offence" with doctrine of "the breakdown of marriage" for divorce. Built on in 1969 Divorce Reform Act.
1971 Marriage, Divorce and the Church (the Root Report)
Report on the Christian doctrine of marriage which expounded in terms of relationship and institution. Concluded unanimously that compatible with reason, the Word of God in Scripture, and theological tradition to, in certain circumstances, allow marriage in church of divorced persons and that penitential material should be introduced for such marriages.
Debated three times by Synod (Feb 72-Nov 74) then rejected and new enquiry set up.
1978 Marriage and the Church's Task (the Lichfield Report)
Included further teaching on Christian marriage. Recommended
(a) removing rule requiring bishop's permission for remarried divorcees to be admitted to communion [done 1982];
(b) ending service of prayer and dedication [rejected – in 1985 the bishops commended a Service of Dedication after a Civil Marriage];
(c) by majority that divorced person should with permission of bishop be allowed to marry in church [rejected – see below];
(d) by majority that legislation be enacted to allow ordination of those who have surviving spouse or who marry someone with surviving spouse [done] .
Majority recommendation rejected by Synod in July 1978 (221:215) but referred to dioceses where 18:17 "in favour of remarriage in church in certain circumstances". This insufficient for any change to be implemented.
1981 General Synod Motion
In July 1981 it was agreed by Synod that "..marriage should always be a undertaken as a lifelong commitment…there are circumstances in which a divorced person may be married in church during the lifetime of a former partner…Standing Committee to prepare a report setting out a range of procedures for cases where it is appropriate for a divorced person to marry in church in a former partner's lifetime, for consideration by the Synod before any action is taken to repeal or modify the relevant existing regulations and resolutions of the Convocations". [Bishops 27:7, Clergy 134:58; Laity 135:49].
1983 Marriage and the Standing Committee's Task….
Report produced in light of above motion but ran into the ground as so complex and impractical. Result that left to sole discretion of incumbent although diocesan bishops gave advice to their clergy.
1987 General Synod Motion on Human Sexuality
The Synod passed with a vote of 98% in favour the following motion:
"This Synod affirms that the Biblical and traditional teaching on chastity and fidelity in personal relationships is a response to, and expression of, God's love for each one of us, and in particular affirms:
1. that sexual intercourse is an act of total commitment which belongs properly within a permanent marriage relationship;
2. that fornication and adultery are sins against this ideal, and are to be met by a call to repentance and the exercise of compassion;
3. that homosexual genital acts also fall short of this ideal, and are likewise to be met by a call to repentance and the exercise of compassion;
4. that all Christians are called to be exemplary in all spheres of morality, including sexual morality, and that holiness of life is particularly required for Christian leaders".
1988 An Honourable Estate
Study of the legal role of the church in marriage given changing pattern of marriage in Britain. Recommended keeping current position where there is "the obligation of the Church to marry all parishioners who are not divorced".
1991 Issues in Human Sexuality [currently not on-line]
Report of House of Bishops arising out of the debate over homosexuality but giving teaching on human sexuality in general including its relationship to marriage.
1994 General Synod Motion
In November 1994 a motion was carried with considerable support inviting the bishops to "consider the present practice of marriage in church after divorce, and to report".
1995 Something to Celebrate: Valuing Families in Church and Society
Board of Social Responsibility Report which studied changing patterns of marriage and family life in Britain. Much criticised for its sympathetic treatment of cohabitation and apparent welcoming of patterns outside traditional Christian marriage. When debated in Synod there was much hostility and a narrow majority simply voted to "take note" of it. Summary of proposals here.
1999 Bishops Teaching Document on Marriage
An important recent statement on the Christian view of marriage by the bishops which also addresses how the church responds to marriage breakdown.
2000 Marriage in Church after Divorce [Winchester Report] [currently not on-line]
This was a discussion document from a Working Party commissioned by the House of Bishops in response to 1994 Synod motion.
It attempts to find an agreed way for the church to allow the marriage in church of some people who have a surviving spouse from a previous marriage. It recommends that each decision should be taken by the incumbent in accordance with agreed national pastoral guidelines after seeking advice from the bishop but allows those opposed in principle to refuse all requests for further marriage and recommends retaining the service of prayer and dedication.
It was discussed by diocesan and deanery synods in 2000 and 2001 and progressed through General Synod in 2001 and 2002.
Information on that process is available here [also in PDF]
2002 General Synod Motions
On 9 July 2002, the General Synod voted by 269 votes to 83:
"That this Synod
(a) affirm, in accordance with the doctrine of the Church of England as set out in Canon B30, that marriage should always be undertaken as a "solemn, public and life-long covenant between a man and a
woman";
(b) recognise (i) that some marriages regrettably do fail and that the Church's care for couples in that situation should be of paramount importance; and (ii) that there are exceptional circumstances in which a
divorced person may be married in church during the lifetime of a former spouse;
(c) recognise that the decision as to whether or not to solemnise such a marriage in church after divorce rests with the minister (or officiating
cleric if the minister is prepared to allow his/her church or chapel to be used for this marriage); and
(d) invite the House of Bishops to issue the advice contained in Annex 1 of GS 1449."
In November 2002 Synod
formally rescinded the marriage resolutions of the Canterbury and York Convocations (which had exhorted clergy not to use the marriage service in the case of anyone who had a former partner still living). The decision to rescind the
resolutions was carried in all three Houses of the General Synod as follows: bishops 27-1; clergy 143-44; laity 138-65.
The situation in Feb 2003 is given here and the Nov 2002 practical guidelines for clergy are also online.
There are currently proposals to change UK marriage law and the church's latest guidance on this is available here.
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