The question as to whether same sex marriages entered into under Australian civil law can be blessed in an Anglican Church service is one that has generated much disagreement within the church. An important Opinion of the Appellate Tribunal of the Anglican Church of Australia in relation to a question posed by the Diocese of Wangaratta (Primate’s References re Wangaratta Blessing Service, 11 Nov 2020) held that it is lawful for a diocese to approve such a formal blessing. I have now contributed a chapter to a book of essays prepared for the consideration of the forthcoming General Synod discussing the issue, analysing the Majority Opinion and its implications. The chapter is available for download here, for those who are interested. I conclude, in brief, that as a matter of internal Anglican doctrine, the decision is contrary to the “doctrine of the Church”, which finds its ultimate source in the Bible. The Majority Opinion takes a too narrow view of the word “doctrine”, in my view. I suggest that this may have consequences outside the church:
unfortunately the narrow view taken by the Majority Opinion of the Appellate Tribunal may encourage a narrow view of the word to be taken by [secular] courts in the future, with the result that clauses protecting religious freedom may be unduly read down.At p 47.
From the perspective of the general law of Australia, a church which declined to bless a same sex marriage might be accused of “sexual orientation” discrimination if they would offer such a blessing to a heterosexual couple. But balancing clauses under discrimination law would seem to have the effect that such a decision would not amount to unlawful discrimination, if the decision was:
(d) [an] act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.Section 56, Anti-Discrimination Act 1977 (NSW)
(See also the similar provision in s 37 of the Sex Discrimination Act 1984 (Cth).)
It seems to me to be fairly clear that the “doctrines” of the Anglican Church would prevent the blessing of a same sex marriage. Indeed, the General Synod of the church said as much in a 2017 resolution:
the doctrine of our church, in line with traditional Christian teaching, is that marriage is an exclusive and lifelong union of a man and a woman (emphasis added)See ‘MARRIAGE, SAME-SEX MARRIAGE AND THE BLESSING OF SAME-SEX RELATIONSHIPS’, adopted 7 Sept, 2017, at https://anglican.org.au/the-general-synod/search-resolutions-of-gs-sessions/?sid=2827
But the Majority Opinion of the Appellate Tribunal might cast some doubt on that proposition, and as a result needs urgent consideration by the next General Synod.
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