Showing posts with label marriage. Show all posts
Showing posts with label marriage. Show all posts

October 9, 2020

Of “Revision” of Marriage Rites

The debate over whether the proposed marriage rites authorized under Resolution B012 of the 2018 General Convention constitute “a revision of the BCP” or “trial use in accordance with Article X” is moot. Article X provides for the authorization of trial rites "throughout this church" as part of the revision process of the BCP. 

So when someone says these rites were "not proposed as a revision" that only means they were not proposed under the first part of Article X as a “first reading” to be approved finally at the next session of General Convention. That is a procedure only undertaken when rites have been tested and are ready for their final form

It is not at all unusual for a rite to be authorized in the manner of B012. Since the early 60s, in the leadup to the wholesale revision of the BCP in 1976/79, the various revisions of individual liturgies were published, promulgated, and authorized “for trial use” until, in 1976, the “first reading” of the whole new BCP was approved, and the same (with only a couple of minor emendations to take account of the approval of the ordination of women) ratified in 1979. The marriage rites are now in the exactly the same situation as the numerous revisions of other rites, including matrimony, that were published from 1964 on; that is, as Article X says, they are authorized “for trial use throughout this  Church, as an alternative at any time or times to the established Book of Common Prayer or to any section or Office thereof,” as “a proposed revision of the whole Book or of any portion thereof...” (emphasis mine.)

Meanwhile, part of the reason Bishop Love of Albany has been found wanting is due to the marriage canon (I.18.1), which states that all clergy may solemnize marriages using “any of the liturgical forms authorized by this Church.” The rites are unquestionably authorized, and Bishop Love interfered with that clerical right, though he had absolutely no need to do so. 

Tobias Stanislas Haller BSG

September 14, 2017

Right of Marriage

In the current debate concerning marriage equality in Australia, as in similar debates in other countries, including the United States, marriage is often held up as a basic human right. In spite of the wide recognition of the right to marry in such documents as the Universal Declaration of Human Rights, some oppose seeing marriage as a right. The opposition often comes from members or leaders of church bodies. However, in denying marriage as a right, such opponents undercut and deny the same principle that protects the practice of religion: not religion merely as singular personal belief as a species of freedom of thought, but religion in practice as gathered worship as a species of the right to assembly. It is a right of expression, not merely of thought.

It is in this that the right to marry, which is also species of the generic right to free association and assembly, that the church finds its kindred freedom, the freedom to practice its religion in a corporate fashion. For according to the author of Ephesians, it is as the assembly of the many into one — the great mystery of Christ and the church — that the church resembles marriage, the fundamental and most intimate form of human association, the type of all society, including the church.

To attack the right to marry is to attack the fundamental basis of all human communion, and to assault the foundational right upon which the church itself is built.

Tobias Stanislas Haller BSG

August 24, 2017

Light, Not Heat

I'm very happy to announce that my latest project,What About Sex?, is now off press and available through Church Publishing and many other outlets. It is part of the new series "Little Books of Guidance" and as such it is designed as a guide rather than a law-book, offering [I hope!] more light than heat.

It is meant to provide the 21st-century Christian or seeker with a moral compass to navigate the changing landscape of sex and sexuality. That landscape has changed considerably since the times in which the Bible was composed — and the Bible itself testifies to some of that change, as do the evolving traditions and customs of the church. This little book places the testimony of Scripture and church tradition into the context of their own and other cultures, with tools to make the best reasonable use of the guidance they provide, in light of how Jesus himself engaged with the Scriptures, traditions, and cultures he encountered. All of this interacts with the findings of science and psychology, with a goal to inform and guide rather than to lay down the law. It is not about what goes where or who does what to whom, but about what it means to be an embodied person with responsibilities both to oneself and others. It is not an answer-book, but a guide to help seekers form their own answers to questions big and small, even as those answers lead to further questions. What About Sex? will be useful for personal study, and as a resource for adults and older youth.

— Tobias Stanislas Haller BSG

January 19, 2017

Wedding Preparation


Very happy to see my latest work for Church Publishing off the press, and delighted to see the kind words about it on the back cover.

"Kudos to liturgical scholar Tobias Haller for crafting this comprehensive guide to marriage in the Episcopal Church, based on canonical and liturgical changes authorized by the 2015 General Convention and presented in an easy-to-use format, for clergy, church musicians, and couples. Great to have this information all in one resource!"
-The Right Reverend Thomas C. Ely, Bishop of Vermont

"Preparing for a Wedding in the Episcopal Church is an invaluable resource for any Episcopalian involved in wedding planning and preparation. It thoroughly and concisely explores everything from balancing the sacred and secular to navigating liturgical options to managing photographers and florists. Firmly rooted in solid theology and liturgical practice, it is a timely and practical guide:'
- The Reverend Susan Russell, Senior Associate at All Saints Episcopal Church, Pasadena, California

"Here is a very practical, thorough, and theologically sound guide for clergy, couples, and church musicians on marriage in the Episcopal Church. The church's canon on marriage was updated most recently in 2015, and Tobias walks us through the changes and implications for planning, offering practical advice and guidance to assist all those involved."
- Carolyn Moomaw Chilton, Associate for Evangelism and Stewardship, Grace and Holy Trinity Episcopal Church, Richmond, Virginia

"Every parish priest should have this resource, which will help them become familiar with the marriage canon and marriage liturgies authorized in 2015. Tobias Haller offers wise pastoral guidance. Drawing from his years of experience, he explores the many options and recommends sound liturgical and pastoral practices."
- The Reverend Dr. Ruth Meyers, Dean of Academic Affairs and Hodges-Haynes Professor of Liturgics at Church Divinity School of the Pacific

Tobias Stanislas Haller BSG

September 19, 2016

Off Center

It continues to surprise and bemuse me to see Christian authors (particularly Anglicans and Roman Catholics) these days writing about marriage as somehow the central doctrine of the Christian faith. For example, one author defends a notion that "The biblical narrative, ...locates marriage at the centre of the history of a good creation, a creation gone awry, and God’s redeeming action; to this narrative, further, sexual difference is essential."

Of course, Scripture does no such thing. The author in question has fallen into the fallacy of averages — that is, while Genesis clearly places sex (and as traditionally understood, marriage) at the beginning of creation, and Revelation reveals the marriage of the Lamb and the New Jerusalem at the other end of time, there is precious little about marriage in the center. Nor does the beginning stress sexual difference, as I have written before (Genesis 1 is about the first human couple and their likeness to God; and Genesis 2 is about the likeness of the couple to each other, not their difference.)

Moreover, it is obviously completely wrong to suggest that marriage is at the heart of redemption, given the Christian witness of the New Testament. Consider these facts:

  • The Redeemer himself comes into the world not through an ordinary marriage involving sexual difference, but a miraculous birth without any sexual intercourse at all, and a putative marriage that under Jewish Law would have been considered adulterous had the source of the Virgin's pregnancy been heterosexual sex. (Matthew 1:18f)
  • When pressed on the issue, Jesus declares that marriage is wholly a matter of this world, and that those worthy of attaining to the resurrection do not marry. (Luke 20:34f)
  • Paul holds marriage to be inferior to celibacy, but allows it for those incapable of containing themselves. (1 Corinthians 7:8-9)
  • He also affirms that sexual difference (the "male and female" of Genesis 1) has been transcended in Christ, in whom all difference is dissolved. (Galatian 3:28)

If we look at the Christian tradition, it is obvious that the main stream of thinking on marriage is that it was good and useful, but hardly essential to the Christian life and faith. From the traditional Roman Catholic view that marriage was inferior to celibacy, through the views of the Reformers that it was "allowed" (Anglican) or "a matter for the town hall" (Lutheran) marriage was peripheral to dogmatic thinking until about the middle of the 20th century, when some Roman and Reformed theologians began to try to elevate it to a more central place — largely in reaction to societal pressure involving increasing divorce rates and contraception use. Some, such as Pannenberg, went quite off the deep end (in addition to jettisoning central Christian dogma such as the Virgin Birth) in an effort to drag marriage into the spotlight. It is helpful to observe that if marriage and sexual difference is part of the creation — a creature — then it is good to recall that putting the creature in place of the creator is exactly what Romans 1 said was the problem, not the solution.

It is, of course, good to continue the discussion of marriage and sexuality and their place in the church, but let us have no more nonsense about their being central to the Christian faith, or Christian theology. The center of the Christian faith is Christ, and him crucified.

Tobias Stanislas Haller BSG

August 10, 2016

Marriage Inequality

The dominant biblical understanding of marriage in the Hebrew Scriptures was based on inequality, in which a man ruled over a woman (or several women), but was himself free to indulge his sexual appetites with other women, so long as they were not married to another man. This inequality is reflected in the language used to describe marriage: throughout the Torah and beyond, the husband is "the lord" (ba'al) of the woman; for a woman to be "married" is to be "governed" (be'ulah) or to "have a lord/master" (be'ulat ba'al).

But it was not always so. This inequality can be regarded as a consequence of the curse delivered to Eve after she and her husband ate of the fruit of the tree of knowledge: "He shall rule over you." But it was not so in the beginning, when equality reigned, an equality recognized by Adam in his exclamation of joy upon his first encounter with Eve — the one like himself; taken, as the figurative interpretation has it, from his side — as one to stand beside — rather than from his head or his foot, to rule or to be ruled.

Hosea (2:16) recognized this in his portrayal of the loving God speaking to his unfaithful but redeemed spouse Israel: "On that day, says the LORD, you will call me, 'My husband,' and no longer will you call me, 'My Baal.'" The word Hosea uses for "my husband" is "ishi" — the same title the primeval couple shared in Eden (ish and ishah — man and woman, husband and wife). This expresses their fundamental equality, as God intended.

Karl Barth held that a husband is only a husband in relation to his wife (an assertion complicated in German, as in Hebrew, because Mann and Weib have this ambiguous double meaning.)  The double meaning actually reveals more than Barth intended: for a single man is a man, a single woman is a woman; but a married man is still a man, and a married woman still a woman — though now married, joined in a union and relationship of equals.  The quality of "being married" has to do not with the sex of the person or the pair, but on the covenant of relationship that exists between them. In German one can say "Mann und Mann" or "Weib und Weib" with all the ambiguity intact. For a married man or woman is married because of the plighting of a troth and mutual pledge of exclusive fidelity — the exclusivity, as Jesus observed, harking back to the necessarily exclusive first married couple; but the fidelity, as he also taught, is the essential meaning of marriage. So it is not the relative sex-difference that constitutes the marriage, but the mutual swearing of faithful love. This is one of the reasons that opening the institution of marriage to same-sex couples is both a recovery of a Creation principle of equality, and an eschatological realization of the ideal relationship between God and the People of God, based on love, not domination. This is one of the things marriage equality can reveal to the church, for so long mistakenly serving the notion of male dominance.

Tobias Stanislas Haller BSG


May 21, 2016

The Importance of Being Articles

I don't have the time to flesh it out in full just at the moment, but I want to flag how important close attention to text is to any case made concerning marriage. There are two places in Scripture where inattention to the difference between definite and indefinite nouns has wrought havoc with a consistent and canonical comprehension of the texts.

First, when Genesis 1:27 and 5:2 speaks of "male and female" (zakar u'nqebah) it is using nouns, not adjectives. It would be better to translate as "a male and a female." Reading this text as referring to classes of people instead of two individuals has given rise to much unproductive theological reflection concerning everything from the nature of the image of God to a defective anthropology that squeezes the understanding of humanity into a dualistic, yin-yang strait-jacket.

Evidence for the correct reading (as nouns and not adjectives) comes in part from Jesus' reading of the passage to be about a pair: the "two" who become one. (Mark 10:8; as in Matthew, Jesus picks up the LXX version of Genesis which refers to "the two" -- an emphasis not needed in the Hebrew). Jesus uses this as his starting point for the durability of marriage. (I've noted elsewhere that the Qumran texts follow this reading concerning "the two" in support of the call for radical monogamy.)

Additional canonical support for this reading comes from Genesis itself: whenever the phrase occurs in Genesis it could (and should) be translated with the indefinite article to indicate nouns are being used, rather than cast as adjectives. This is perhaps clearest Genesis 6:19 and 7:3,9, and 19 (the only other uses of this phrase in Genesis), all of which refer to the pairs of animals to be saved in the ark. Each pair consists of one male and one female. (Note that other uses of "male and female" in English translations of Genesis, such as references to "male and female slaves" add further confusion. No words for "male" or "female" occur in these passages; there are separate Hebrew words for "a male slave" and "a female slave.")

The second mistaken reading (unfortunately well enshrined in the tradition) is the reading of Ephesians 5:32 that forces "Paul" to make the very unlikely statement that marriage is a great mystery -- understood as a sacrament. Again, I've written about this at some length elsewhere, but want to flag the problems with this reading here. First, it is obviously inconsistent to suggest that the Pauline School (if not Paul himself -- there being some disagreement as to the authorship of the epistle) would attach a quasi-divine status to an institution elsewhere in "his" writings given scant honor beyond its social utility. Second, this is not the only verse in the epistle to refer to "mystery" -- and as the author makes clear in the following clause, he is talking about that same mystery that is addressed throughout the document -- the mystery of Christ and of the Church, how the two become one, a mystery reflected in -- but not consisting of -- the marriage of a man and a woman. And, of course, that is what the text says, though bad translations have twisted it in such a way as to have the author speak of "a" great mystery -- one such marvel among many. But a literal translation of the verse, far from saying "This is a great mystery," would read, "This mystery is great -- but I speak of Christ and of the Church." Not marriage, not the verse from Genesis; but the mystery of salvation in Christ, in which all of humanity, Jew and Gentile, is taken up and redeemed. And if that isn't a genuinely Pauline message I don't know what is.

Tobias Stanislas Haller BSG


January 17, 2016

Limited Grace?

The recent actions of the Primates of the Anglican Communion — or at least a majority of them —have led to a good bit of discussion around the web. I will likely say more on that later. But for the moment, what strikes is how much they seem to have missed a truly evangelical moment. I understand they are exercised about homosexuality and think it is terrible. But clearly it is no more terrible, from a biblical standpoint, than fornication, whether that is understood narrowly as sex between parties who have no intention to marry (I think the soundest biblical reading) or more broadly as any kind of sexual immorality (a very subjective reading).

However, if we are to accept the Apostle's teaching (1 Cor 7:1-2, enshrined in Anglican formularies from 1549 on, though soft-pedaled lately) that marriage is a remedy for the sin of fornication, then the embrace of marital discipline of fidelity and permanence by same-sex couples ought rightly to be seen and celebrated as a "remedy" for any sin involved in same-sex sex, just as mixed-sex marriage is the remedy for the sin in unmarried mixed-sex sex.

This ought to be received as revolutionary as the saving grace to the Gentiles (Acts 11:18) when the early church set aside the biblical requirement of circumcision.

I understand that those who follow natural law arguments will place same-sex sex in the categorically irredeemable column, as intrinsically wrong in all circumstances. But if it is the circumstantial presence or lack of marital status that renders sex good or bad for heterosexual people, it does seem a bit perverse to hold that gay and lesbian couples cannot frame their lives as suits their condition, and sanctify their loves by the grace of God, a grace we have been told can do more than we can ask or imagine.

Tobias Stanislas Haller BSG

June 28, 2015

Progress on Marriage

I served on the Task Force on the Study of Marriage that made two proposals to the General Convention; and I'm now serving on the Special Legislative Committee on Marriage to which these and all other resolutions concerning marriage were referred. The Legislative Committee has now reported out all of the resolutions but one (that we may eventually recommend be discharged if the others are adopted).

I'm happy to report that the resolution A037 to continue and expand the work of the Task Force (and its membership) has passed in the House of Bishops and will head to the Deputies shortly.

More importantly, in my opinion, we have amended and greatly improved resolutions A036 and A054. The first of these is the canonical amendment that will bring the canons into full conformity with the Book of Common Prayer while also allowing for marriage equality. This is no mean feat, but I am very happy with the work we did, which involved a good deal of listening and comprehension. Most importantly, the resolution provides language for a new Declaration of Intention that expresses the Church's teaching on marriage in a way that is both beautiful and inclusive. It is cast in the first person plural, and speaks of God's purposes for "our marriage" -- which I think brings it home.

The second resolution will, if adopted, authorize a number of liturgies for trial use under the terms of the Constitution Article X as alternatives to the BCP marriage liturgy. Among these is a version of the 1928 BCP liturgy suitable for same-sex couples. Again, a lot of work went into these liturgies, and the work is bearing fruit.

Both of these resolutions should arrive in the House of Bishops shortly. My prayer is that they pass as they are, without much tinkering in either house.

To those who might think we are moving too fast just to keep abreast of the times, I note that for the Church, the question isn't whether we are married to the spirit of the age, or widows to the spirit of some long-gone age. The question for us is, Are we faithful to our true spouse, Jesus Christ, who is the same for ever and ever? Being true to him may mean growing in unexpected ways to meet the new demands he places before us. God be praised for life and the opportunity to serve!

Tobias Stanislas Haller BSG

June 16, 2015

Love and Marriage: Thoughts before Utah

This has been a very busy few weeks in various Internet forums concerning marriage equality. Much of the conversation has been at a high level, so high that some have bemoaned the lack of a glossary; while others have just dismissed the theological speculations as having little impact beyond the few who are interested in such things. However, in the interest of continuing understanding, I want to draw attention to several of these essays -- many of them in response to the Report of the Task Force on the Study of Marriage (henceforth TF), or responses to those responses. I do this realizing that General Convention is almost upon us; and I regret not having had the time to draft this response earlier.

The Anglican Theological Review is hosting a conversation page with links to the original TF Report, as well as to a paper by Bauerschmidt et al (henceforth MCC both for the paper and the group of authors) and the responses to it from three academic theologians, and the further response and counter-response. The ATR link page is kept updated, so I simply link to it above, rather than to each individual item on the menu. I am grateful for the acknowledgment in Guiliano's response to Tanner that the original MCC's presentation of Augustine was really more Augustine-as-received-and-finessed by the later church. It certainly wasn't pure Augustine. More on that below.

More helpfully, Craig Uffman has written what I regard as a very helpful essay in constructive theology on the issue. I am particularly taken with his thinking on eschatology from an ethical perspective, shifting from the teleological/deontological split towards something more satisfying and in keeping with a theology that moves in a Godward direction (again more on ethics below).

Then my brother-in-Christ Thomas Bushnell contributed a long response to Craig's essay, in which I think he too advances the discussion in helpful ways; in particular as he raises issues about the unmentionable ("sex!") as central but neglected in the discussion, and provides a very good unpacking of Aristotle's language of causes, which has played a part in marriage conversation ever since the scholastic theologians retrofitted (if that's the right word for an ancient idea lost and rediscovered) Aristotle's notions onto an Augustinian substrate -- rather revising Augustine in the process. (This revisionism is part of what the MCC adopts; to my mind it produces an ethical disaster; but as I say, more on that anon.)

Finally, one of the MCC authors, Jordan Hylden has responded to my earlier piece in response to MCC, claiming that I just don't understand the issues involved. On the contrary, I think it is Hylden and the others in the MCC who fail to grasp the points that the Task Force paper was making, and read into it arguments that simply are not there. As is usual, much of his criticism of my paper asks why I didn't address things I didn't address, and alleges a failure to deal with the real issue, to which I will come very shortly. I promise.

Such pieces add little to the actual conversation, but I am grateful to Hylden for helping me to see where the real divisions lie. These are in areas of ethics and metaphysics, philosophy and moral theology. Which means they are important.

A philosophical difference
One of the chief differences in approach between the TF and MCC lies in the distinction between marriage as an institution and marriages themselves as real instances of a phenomenon. (Those familiar with medieval debates will recognize this as related to one in which William of Ockham was involved.) The TF made this point in its overall thrust towards focusing on the moral values that make a particular marriage holy, rather than in what might make marriage holy as an institution. The TF stresses that moral action is particular, not general, and that it resides in the human heart and will. This also plays into the distinction concerning the various goods or ends of marriage (about which more, from an ethical view, below). Philosophically, this is the difference between idealism and realism. And the MCC and the TF are coming at the issue from these profoundly different perspectives, respectively.

This comes to a head in the discussion of procreation, which appears to be, for many, the stumbling block. From the TF perspective, procreation can be understood as a purpose or good or end of marriage as an institution but need not be understood as such for an actual or particular marriage, and may be an impossibility for any number of specific actual marriages. It seems glaringly obvious to the TF that procreation can take place apart from marriage, and marriage from procreation. It is fine to say, as we have, joining the consensus of the church, that procreation should take place within marriage, but we have rejected the valuation of any given marriage as somehow being less than marriage when the couple do not, or cannot procreate. Many on the other side of the debate also appear to reject that valuation, but their rejection does not seem to follow logically from their basic premise, and to jibe with their rejection of same-sex marriage (at least in part) because it cannot ever even conceivably be "open to life" (as the Roman Church puts it; in a view that is at least consistent in also rejecting contraception.)

This distinction between ideal and real, universal and particular, seems to me to be obvious, and it is embedded in the BCP liturgy with its conditional language concerning procreation ("when it is God's will"). I have come to believe that some will not embrace this obvious reality, in part, because they do not want to cede anything that might appear to allow the marriage of persons of the same sex, for whom procreation is not on the table. But it is equally not on the table for a mixed-sex infertile couple, or a couple advanced in years (for whom even the Roman Church allows marriage, in the one non sequitur in its otherwise consistent teaching). There is a gap between an "ideal" (or virtual) fertility imputed to all mixed-sex couples and the "real" fact that not all mixed-sex or any same-sex couples can procreate. The fact that procreation is ideally a purpose for the institution or establishment of marriage has absolutely no impact on the fact of the a real couple's marriage being fully a marriage, whether they procreate or not. After all, even when procreation happens, it happens some time after the wedding; and there is no suggestion that the marriage isn't a marriage until it has produced offspring. On the contrary, the declaration that the couple are married comes where it does because they have joined hands, exchanged rings, and made their solemn vows -- this is what makes them married. And this is why the TF emphasizes the vows as constitutive of the marriage.

The idealist vs. realist divide is not so great as that between the Ptolemaists and Copernicans, but it is a distinction that runs through the discussions on marriage, and shows up in how the two sides treat the holiness of marriage. The TF holds that marriage as an institution is not our concern. The "institution" or "estate" of marriage is neither good nor bad in itself. (It should be obvious that the "estate" also cannot procreate!) The TF holds that the moral good of marriage is found in the actual marriages themselves, not in some ideal. The virtue of marriage exists in real marriages, or it does not exist at all. Which leads me, at last, to another look at the ethical issues.

The ethical divide
The Task Force sketched out an ethical basis for conversation that was summed up by Kant as treating people as ends-in-themselves, not solely as means-to-an-end. (Hylden wrongly characterizes this as a conflict between Kantian notions and utilitarianism, apparently due to his misreading of the word "utility" in the TF paper, where it is meant in the spirit of how Augustine speaks: in terms of a man's "use" of a woman -- a notion we find objectifying. However, utilitarianism is about a good deal more than mere utility or purpose, and wasn't even on our radar, though we would indeed rule it out as a satisfactory ethic for marriage.) And, of course, the TF is aware that Kant does not disallow the instrumental use of others -- a waiter serving my meal, for instance -- so long as we also respect that service, and that person as an end-in-herself. People may serve one another, but they are not to be objectified as mere appliances.

Part of me regrets that we ever brought Kant into the discussion. It was only because he phrases the ethical issue so clearly. The Task Force paper was certainly not arguing for a wholesale adoption of a Kantian system; for one thing, I don't think his Categorical Imperative on universal maxims is entirely satisfactory. But this one point on treating people as ends is an excellent expression of an idea that is central to Christian morality. We could have left Kant out of the discussion entirely, and simply focused on the same principle as incarnated in the teaching of Hillel, Jesus, Paul, Buber, and Bonhoeffer under a different (or the same) terminology. (Bonhoeffer neatly incorporates this Kantian principle into his social theology -- as essential to sociality -- and his Christology.) Or, in the language of the Baptismal Covenant, respecting "the dignity of every human being."

So this isn't a divide between modernism and tradition, but between a gospel ethic (about which more below) and one nourished by scholasticism.

Unfortunately the Kant reference sent some, such as Hylden, and Don Reed, a philosophy professor whose work Hylden cites, off into 18th and 19th century Enlightenment territory, and the portrayal of the whole discussion as a clash of world-views between classicism and modernism, or communitarianism and liberal individualism -- which is very far from what we intend, and also far from what we actually state, in ethical terms.

The real ethical divide is not between Kant and Bentham (whose utilitarianism -- "the greatest good for the greatest number" sadly forms a substrate of much of modern culture, popular and formal.) The real divide is between what is known as deontological ethics (focusing on duty), and teleological ethics (focusing on ends or goals). These are broad categories, and within each there is a range of thinking, some of it quite contrary even within the group. So, on the duty side you can find, for example, both Divine Command ethics and Kant; while on the goals side you can find utilitarians, but also those who, like the MCC tout a form of ends-based morality that is more or less redolent of Aquinas, based largely on Aristotle. Natural Law ethics falls into this category, and this seems to be the angle from which many on that side of the debate are operating. The MCC have, as I noted, followed Aquinas in dressing Augustine up in Aristotelian clothing -- but my contention is that this suit doesn't really fit, and is inconsistent with Augustine's thinking.

And the problem lies in the fact that the MCC doesn't distinguish between Augustine's original language of "goods" or "fruits" and the Aristotelian language of "ends" or "causes." So the TF and the MCC are speaking different ethical languages. MCC doesn't distinguish between "goods" and "ends"; yet this was the primary point of the TF paper, and it doesn't register in the MCC because they don't appear to see the difference as amounting to anything. Hylden's baseball analogy doesn't really help things very much, beyond perhaps revealing why he doesn't grasp what the TF is saying. He is focused on instrumentalities and levels of performance, about doing good things well, rather than being good and allowing happiness to flow as grace, rather than as the results of works. In this he begs much the same question as Aristotle, for whom it is obvious that justice, courage, and so on are virtues to be practiced, and that happiness lies in the skillful employment of these virtues. But this is not really quite the way Augustine sees things. There is a world of difference between arete and agape.

For it is one thing to speak of procreation, for example, as a goal or end, and quite another to accept it as a good that can, in most marriages, take place. The MCC seem to be presenting procreation as what Aristotle would call a final cause: this is the reason marriage exists. The problem with approaches using such causality, particularly final causality, as Brother Thomas points out in his very helpful examination of the failings of causal language when applied to moral issues, is twofold: it is difficult to fix the absolutely final cause (reason a thing exists) for many things or activities; and it is difficult to attach moral valence to that cause even when you can fix it. Does one play baseball so as to win games, to "play baseball well," or for fun, or for exercise, or to entertain, or to make a six-figure income? The "reason baseball exists" may include all of these things speaking of the institution, but for any particular player of baseball only one or two may apply; and the player may or may not achieve her goal, or be capable of achieving it, whatever it is. Perhaps that person shouldn't play baseball -- which seems to be Hylden's conclusion in his baseball analogy: same-sex couples shouldn't marry because they cannot achieve the principle end of marriage. But this is, as I hope most people used to following these debates can see, begging the question: the assertion that procreation is an "end" of marriage as an institution and in the actual marriages, in a causal sense. That is the very point we contest. We hold that procreation is a blessing that comes to some of those marriages in which it is possible. It is a purpose for the institution of marriage that may or may not be realized, as the BCP say, "when it is God's will." And as it is conditional, it simply cannot be final.

Obviously, it is easy to argue that procreation is not the final cause of marriage -- child-rearing holds a better claim. There is clear evolutionary evidence that marriage helps stabilize the child's environment for growth to maturity; ideally, that is. In the real world, the moral end is not just child-rearing, but, as the BCP stresses, raising a child in the knowledge and love of the Lord. It makes little sense to say, "Every child has a right to be raised by her biological parents," and a great deal of sense to say, "Every child has a right to be loved and cared for, and her parents have a duty to do so; but if they are unable so to do, the child has every right to an alternative upbringing." A good marriage is a context for good child-rearing, whether the child is born to the parents, or adopted. I will reflect below further on the question of the relative moral weight of these two options. And with that in mind, let me turn to the ethical principle that the TF has advanced.

A gospel ethic
The primary ethic the TF discerns in the teaching of Jesus and Paul is what I call Gospel Altruism. This counters the essentially egoist leanings of Aristotle, for whom the main focus is on happiness and "being good." For Aristotle, even self-sacrifice for the sake of ones friends is primarily good because it ennobles and leaves behind a good name -- these are the ends, the teloi.

The altruistic ethic of Jesus is different. When, for example, the rich young man asks Jesus what good deed he must do to inherit eternal life (Matt 19:16ff), Jesus affirms first that "goodness" is with God alone. He then cites duty to obey the divine commandments, expanding on some of the commandments from the Decalogue by adding part of what he regarded as the Summary of the whole Law, to love ones neighbor as oneself. Thus far Jesus in in perfect sync with a deontological ethic of Divine Command. When the man says he has done all this, Jesus ups the ante by saying perfection will only be found in abandoning all his wealth to the poor, and dedicating himself as a disciple. Only a total self-offering can perfectly save the self. In the altruism of Jesus, to lose is the only way to win -- at the end (eschaton) in the kingdom of God: to lose this world only for the sake of the next and final world.

This is the ethic of one who came to serve, not to be served. It is the ethic that stands in response to the ancient question, "Am I my brother's keeper?" It is summed up nowhere so clearly as in Jesus' own exposition of the Golden Rule. I have written extensively about this ethic elsewhere, so here simply note that it is oriented towards the other (altruistic) and positive: it is a commandment to do as one would be done by; not to do good to another so as to receive good in return. There is no goal of recompense in this formula; in fact, Jesus, throughout his teaching, sees doing good in order to get something in return to miss the point. For example, one with this worlds goods is to invite the poor to dinner, precisely because they will not be able to return the favor. (Luke 14:14) The "end" is in the act itself, and in the one to and for whom the good is done; the end and the good are one. (This is the import the TF were attempting to give by using the Kantian formula.) There is, of course, a reward for this good, but it is eschatological, not teleological. It is about the final cause, or ultimate end of humanity, why humanity exists.

Humanity came into existence as the earthly image of the transcendent God. The transitory purpose was to fill the earth and subdue it. But the ultimate end for humanity is "to enjoy God for ever," as one Catechism puts it. God is, of course, the perfect altruist. God is all gift, without any need at all. As creatures, humans do have needs, but the blessedness of God is expressed in human beings when they too give of themselves in mutual service to others, the abundance of one supplying the need of another, bearing one another's burdens in a shared life. In marriage, this is embodied not in the objectifying use of each other but the mutual gift of each to the other. We treat other human beings as ends in themselves because they are the earthly embodiment of the image of God, our final end.

As Augustine put it in his essay On the Trinity (8) the ultimate purpose of all human action is the contemplation of God. But the TF view affirms that as "no one has seen God" in this world, God has given us each other as images of God to practice on -- to take baby steps as children of God; to learn to love God by loving each other, as God loves us, altruistically. As the great theologian of love, John the Divine, reminds us, "Those who say, 'I love God,' and hate their brothers or sisters, are liars; for those who do not love a brother or sister whom they have seen, cannot love God whom they have not seen." (1John 4:20) And as the ultimate love of God is revealed in the Paschal mystery, so too human beings best express that love in acts that reflect that self-offering.

The principle applied to marriage
This is one reason that Paul picks up on Jesus' Summary statement, "Love your neighbor as yourself," as part of his excursus on marriage in Ephesians 5. As the TF noted, this excursus is not so much to show that marriage is an embodiment of the divine love, as that the divine love is the template upon which marriages should be based -- reflecting the sacrificial love of Christ. (The passage in question is part of a fairly standard sequence of moral advice to households, mirroring and expanding on that in Colossians 3; Ephesians does make more of marriage; but perhaps not so much as some people think.) The great mystery of marriage and its relation to the church is the mystery of self-giving love revealed in Jesus Christ, expounded on earlier in Ephesians (2:13-14) concerning another case of the two becoming one: how Jesus, in his own flesh, has broken down the division between Jew and Gentile. The Apostle's message for married couples, as for parents and children and slaves and masters, is the same as Jesus' own answer to the question about loving the neighbor: "Go and do likewise." That is Paul's conclusion, directed to husbands and wives before he completes the household table setting with advice to children and parents, and slaves and masters.

The original TF paper expounded on the significance of Ephesians concerning this ethic of altruism, but a few additional words are perhaps of use here, to take up, for example, the ethic that ought to inform Christian celibacy. If celibacy is approached as a kind of Aristotelian egoism -- merely to be noble from an ascetic point of view -- it is hard to see how it jibes with the Gospel value of altruism. Only when the celibate has made this choice so as to be of service to others, free from responsibilities to her spouse so as to serve the church, does it rise to the level of Christian virtue. As Paul counsels in 1 Corinthians 7, this is about having an undivided mind focused on "the affairs of the Lord." It is also a conscious choice not to procreate, but it has often in the Christian tradition been cast as a form of marriage, in which the celibate is married to the Lord -- sometimes explicitly so with a wedding band. And, perhaps it goes without saying, the estate of celibacy was held to be morally superior to that of marriage throughout much of the church's history. This is, in particular, an element of Augustine's world-view that scarcely makes an appearance in today's discussions.

Altruism is also important in how adoption, rather than procreation, figures as a dominant image in the Pauline corpus and the life of Jesus (as Virgin-born and foster-fathered). It could well be observed that a same-sex or infertile couple who adopt children and raise them are making an altruistic ethical choice superior to that of biological parents raising their own children; since in doing so one set of couples is fostering the future possibilities of someone else's genetic heritage, while the biological parents are sheltering their own. Again, as noted above, it is the quality of child-rearing that is ultimately important, and there is no question that good child-care is better than bad, and the insistence that children being raised by their biological parents has either an ideal or real virtue is spurious and unsustainable.

These are just a few of the additional implications to an embrace of an ethic of Gospel Altruism. The Task Force report tried to lay out some of this in relation to marriage, and some still seem unable to grasp how this works. I hope this further explanation helps to clarify.

What about sex?
Brother Thomas also said some very good things about sex in his essay. One thing he notes is that sex is usually pleasurable, or ought to be. We need not buy into an ethic of hedonism, however, since pleasure has its place in the "mutual joy" of marriage. The stress is on "mutual" and this fits in with an altruistic ethic when sex is understood not as the "use" of another (the language of much of the tradition), but as the gift of oneself to another. The greatest pleasure in sexual relations is the giving of pleasure to one's spouse, and as each make this gift to the other, "all their occasions shall dance for joy." Of course, the question of "what sex is for" presumes we know "what sex is." And that itself has changed over time.

One of the problems with sex, as with marriage, is attributing to it a final cause (procreation). In reality, procreation is one of the possible fruits of some sex. A Venn diagram would likely be helpful here and I'm sure you can picture it: the three circles are sex, procreation, and marriage. They do come together at the center -- but there is plenty of territory outside that center including some areas where there is no overlap at all. People can deplore sex outside of marriage, or sex within marriage in which procreation is avoided, but sex is still sex, and its ideal purpose or final cause may be different in different minds. So the Natural Law view that there is an intrinsic necessity that sex be open to procreation does not jibe with reality.

A little natural history is probably in order. There was a time when people didn't know that sex was connected with reproduction. The earliest humans likely just thought that most women naturally gave birth at a point in their lives. That was very long ago. Even Adam, still in the Garden, called Eve the mother of all living, and they had to wait to leave the garden and take up agriculture before they put two together to make up one. It was likely agriculture and animal husbandry that brought about the next great observation, connecting sex with procreation. But the theory that explained the process involved attributing the main responsibility for procreation to the male, who planted his seed in the fertile soil of the woman, where it would grow and develop. (Of course, they didn't know that seeds are actually embryos, and the real male contribution is pollen, but theories are theories and reality is reality.) What, under this theory, did the woman provide? Well, the wise observers saw that the flow of menstrual blood stopped with pregnancy, so it must be the blood that was used to construct the growing embryo. This was the dominant thinking in most human cultures for millennia, even up to the invention of the microscope, when the first to look at sperm thought they saw little cows and horses in the respective samples.

This "spermist" view was, to a large extent, the reasoning behind much of the opposition to things that might either confuse or waste the "seed." Polyandry, male homosexuality, sex beyond the time of a woman's fertility, and a man's "use" of other than the "natural" even with his wife came to be seen as wrong. (For the latter, see Augustine, Good of Marriage 12.) Sex was, for most of human history, something men did, mostly to women, sometimes to other men (Leviticus can't conceive of sex in any other way, so it condemns men treating other men like women.).

But as with Ptolemy and Copernicus, we now know that this isn't how sex works. I doubt that many today would support Augustine's doctrine on the mechanism of transmission of original sin (if they even know of his peculiar speculations about sex in Eden, and the willful membrum virile). Moreover, many Christians (even members of church bodies that teach otherwise) no longer hold that sex within marriage without the purpose of procreation is wrong, whether grave or venial. (The view that sex must have procreation as an intended end, and should cease at a certain age, was looked at as "one of those great things they did in the old days" even by Augustine, who admired the asceticism of his forebears; though even he saw that intimacy with one's wife "beyond the necessity of begetting is pardonable" [ibid.] though as with all sex in the postlapsarian world, marred with concupiscence.)

So a principle rationale for the condemnation of male same-sexuality in the tradition is based on a false premise, and a standard to which most no longer hold themselves.

Closing thoughts
Where does this leave us? I sense that the academic debates hosted by the blogs and the Anglican Theological Review and The Living Chuch are not likely going to convince anyone who has contributed to them, probably few that read them. There may, however, be some play among the deputies and bishops who will be gathering in Utah in just under a week. But I don't think it will be the essays or debates that change their minds, if they change. It will be the human face of love.

The claim has been that we must "do the theology" in order to make any changes in our discipline -- and whether you like it or not, the theology has been done, on both sides. I'm grateful for Brother Thomas' essay on the Emperor's New Theological Clothes for pointing out the obvious historical truth that the church does not "do the theology" before acting. Normally it is quite the opposite. After all, the church was content not to have a spelled-out theology of the Trinity for over two centuries, and a (literally) fleshed-out theology of the Eucharist had to wait almost a millennium, and even then the debates continued with sharp differences of opinion.

This is not to say that theological work should not continue, as it is important work. But it is after-the-fact work, work of explanation and understanding, not of action. And, it is hoped, the theological reflection is both rigorous and accountable to the actual evidence of reality, rather than spinning off into idealism. It is up to the church to decide between the world of scholastic categories and the ethics of the gospel. It will be in the lives of married couples -- mixed- and same-sex, that we will see the virtues Jesus valued; or not at all. One of the fruits of this debate is that many have come to grasp more about marriage from their experience of same-sex couples than they ever understood before. This may be how such couples best serve the church. To those who are aghast at such an assertion, I simply point out that it would not be the first time that the stone rejected by the builders proved to be just what was needed to hold the building up.

In the meantime the issues surrounding marriage may really be so simple a child can understand. For instance, here is a dialogue between a father and his five-year old child:

Child: Daddy, why do people get married?
Father: So that they can have children.
Child: But Uncle Jim and Aunt Barbara are married, and they don't have any children.
Father: Well, they love each other very much.
Child: Oh, that's o.k. then.

Is it really as simple as that? This is a dialogue I think St Augustine would have recognized and agreed with; even Aquinas in his better moments would have nodded and smiled. More importantly, so, I think, would Jesus. I would hope such a dialogue would find as friendly response in the episcopal palace and the academy -- for if it does not, I think those who inhabit those cloistered spaces may have missed the point entirely. I pray the point strikes home in Salt Lake City.

Tobias Stanislas Haller BSG

May 28, 2015

Marriage Canon Q and A Part 2

...continued from Part 1.

Doesn't the canon change stand in conflict with the BCP? Since the BCP supersedes the Canons doesn't this set up a conflict?

As noted in the earlier round of questions, the proposed canon does not change the doctrine of the church on marriage, nor is that the point of the canon change. The issue isn't that "the BCP supersedes the Canons" -- but they are different documents governing different aspects of marriage. For example, the canons provide for remarriage after divorce -- something which is nowhere mentioned as possible in the BCP, which on the contrary (in the Catechism) describes marriage "as life-long." One could see this as a conflict, or recognize that the intent of the two authorities is different. The purpose of the canons is not to lay out a doctrine of marriage, but to describe procedures and rules and requirements for marriage. It is not about "what marriage is" but what the cleric and the couple must do in order to marry. If -- and it is an "if" -- the church continues to authorize liturgies for same-sex marriages, then the canons need to provide procedures that address that reality. The TFSM was charged with the task of addressing this pastoral reality in states where same-sex marriage is legal, and the proposal offers a response, removing the obstacle some feel the current canon presents.

Why do you propose removing the requirement to sign the Declaration of Intention from the Canon?

It's probably helpful to begin by understanding how this requirement to sign a document got into the canons in the first place, as that in part explains why it is no longer necessary in that form (a document is still required, but the content is changed).

The requirement that the couple sign a declaration was introduced to the canons in the late 1940s, as part of the gradual accommodation of the church to remarriage after divorce. As a common ground for divorce (or annulment) is "defective intent," having a couple sign a declaration of their "intent" was felt by many to be a safeguard against later claims on that ground. This language was originally in the canon on divorce, rather than the canon on marriage.

The other circumstance at that time was that the marriage liturgy in the 1928 Book of Common Prayer lacked any of the language now found in the prologue to the current (1979) marriage rite concerning the institution of marriage. So having this repeated in the canons is, to some extent, redundant, as these purposes are now spoken publicly in the sight of the congregation. Perhaps needless to say, the church had functioned quite well without any such statement of purposes for marriage in either the liturgy or the canons for over a century.

Still, to cover the legal ground, some form of declaration is still desired. The one remaining difficulty with the current declaration, as the Task Force essay on the canon notes, is that it is cast in a creedal format: the couple must attest that they "believe" certain statements about God's intention and will concerning the institution of marriage. This creates a practical problem in some circumstances, to which I can speak from personal experience. As a priest, I am regularly faced with having to instruct people about marriage. That includes addressing the allowance, under the canons and the rubric, for the marriage of a Christian to a non-Christian, who could be a Buddhist or an atheist. One can presume that the non-believing or other-believing partner is marrying in a Christian ceremony for the sake of the conscience or wishes of her spouse (or family). She may not believe in God or that "God" has "intentions" or a "will" for either the institution of marriage or her own particular marriage. Should she be required to sign a declaration stating belief in that which she does not believe? Should the cleric refuse to solemnize the marriage if she is unable to affirm "belief" in an arguably un-scriptural notion -- at least as some understand it? I would add that the BCP description of marriage is not even exactly the same as that of the Roman Church -- so should a RC spouse be forced to affirm a description of marriage that is not what her church teaches?

These are real questions and the Task Force has sought to remove this obstacle from the path of a couple in such a situation. Unlike in 1949, the causal language is part of the liturgy -- publicly stated as an exhortation -- but no one is required to subscribe to it as a statement of belief. As the official explanation in resolution A036 says, the current wording of this declaration

...is to some extent problematical when one member of the couple may not be a “believer” at all or may come from a tradition with a different theology of marriage. It should be sufficient that the couple be instructed in, and understand the rights, duties, and responsibilities of, marriage as expressed in the marriage vows; and attest to that understanding as well as to their legal competence to marry.

Finally, as already noted, this declaration forms one of the obstacles to conscience some have felt in extending the generous pastoral support to solemnizing marriages of same-sex couples in places where the bishop approves and the civil law allows. This is an obstacle the Task Force was explicitly asked to address in its charter, so that is an additional reason to remove a statement which some, in conscience, would find very difficult, if not impossible, to sign.

So what about "defective intent"?

As noted above, this remains a reality. So to meet the legal concern about defective intent, the couple is asked to sign a declaration that, in addition to covering all of the canonical requirements (including competency, formerly solely the responsibility of the cleric, and now offering the cleric some cover should the couple later be found to have presented inaccurate or false evidence of competence), states

Sec. 3. Prior to the solemnization, the Member of the Clergy shall determine, and shall require the couple to sign a declaration attesting

(a) that both parties have the right to marry according to the laws of the State and consent to do so freely, without fraud, coercion, mistake as to the identity of either, or mental reservation; and

(b) that at least one of the parties is baptized; and

(c) that both parties have been instructed by the Member of the Clergy, or a person known by the Member of the Clergy to be competent and responsible, in the rights, duties, and responsibilities of marriage as embodied in the marriage vows: that the covenant of marriage is unconditional, mutual, exclusive, faithful, and lifelong; and

(d) that both parties understand these duties and responsibilities, and engage to make the utmost effort, with the help of God and the support of the community, to accept and perform them.

I'm more than happy to answer any further questions that come up, so please post comments here if you have any other questions.

Tobias Stanislas Haller BSG

UPDATE: The questions continue...

May 27, 2015

Chaste Convention

This ember season, Brother Ed, the Minister Provincial of the BSG Province 2, set us the task of meditating on the Brotherhood's vow of chastity. It reads, in part,

Chastity is the decision to live with all in love, with respect for each person's integrity. ... in order to be free to love others without trying to possess or control."

This could not have come at a better time for me, in the run-up to General Convention, to which I am a Deputy from the Diocese of New York, and a member of the special Legislative Committee #20 on all resolutions touching on marriage. As I was also a member of the Task Force for the Study of Marriage, and worked on one of the proposals coming to the Convention, you might think I had a particular horse in this race.

And to some extent I do. All of the Task Force worked hard; and I am disappointed that the work we did has gotten so little close attention -- not to say it has not been responded to, but with vague and mistaken responses that seem to take little account of what the work actually proposes. But when all is said and done, I am resolved not to let whatever happens in Salt Lake City -- either in debate or in decision -- get me down or entangle me in "the desire to possess or control." I resolve to "speak the truth in love" and treat all with whom I disagree or agree with respect for their integrity, and to stand as a witness, not a prosecutor.

Tobias Stanislas Haller BSG

May 18, 2015

Marriage Canon Change Q&A (Part 1)

The A050 Task Force on the Study of Marriage has proposed (in resolution A036) that General Convention amend Canon I.18. The proposal has sparked some conversation and many questions. Some of the conversation is less about the proposed canon change and more about the theological and historical papers that accompany and inform it, and I will address some of those issues separately. But I would like to answer some of the questions, and correct some of the misapprehensions, concerning the proposed canon change, as best I can.

First, though, a disclaimer. Although I served as a member of the Task Force (and as its secretary) I am writing here solely on my own initiative, and other members of the Task Force may have opinions different to mine. But as I was one of the members most closely involved in the creation of the "Biblical and Theological Framework" and the wording of the canon, I think I can offer some perspective concerning matters of "original intent" whatever interpretation another may choose to give to any particular wording.

So, with that established, on to the questions. (And I will present what follows in dialogue format, which is much how it happened in the various threads, blogs, and listservs in which much of what follows originally appeared.

Does the proposed canon change alter the church's teaching on marriage?

The canon does not alter the teaching on marriage as it appears in the Book of Common Prayer. In fact, the proposed change removes the one clause in the present canon that does conflict with the Book of Common Prayer, that "Holy Matrimony is a physical and spiritual union ... entered into within the community of faith." The BCP maintains that marriage involves a "union... in heart, body, and mind," not "spirit" -- and traditional sacramental theology holds that spiritual union is engendered in Baptism and nourished in the Holy Eucharist. This is not to say that a Christian couple may not find their life -- as Christians -- enriched by their marriage, just as the witness of their marriage may inspire others to "find their lives strengthened and their loyalites confirmed." (BCP 430) But since both the BCP and the canons allow a marriage in which one of the spouses is not baptized (and, according to traditional sacramental theology, the particular marriage is therefore not sacramental) any reference to "spiritual union" or "community of faith" does not apply.

So what does the canon change accomplish?

One of the charges to the Task Force was to "consult with the Standing Commission on Constitution and Canons and the Standing Commission on Liturgy and Music to address the pastoral need for priests to officiate at a civil marriage of a same-sex couple in states that authorize such." Part of the consultation revealed a consensus that the present wording of the canon made it difficult to exercise this civil function; so an effort was made to remove the language that was perceived as an obstacle. However, nothing in the proposed canon in itself authorizes or requires clergy to officiate at same-sex civil marriages, or blessings of such relationships, unless and until the church provides liturgical texts that allow it. This has happened provisionally, and this provisional status will likely continue for some time.

This opportunity to reshape the canon also allowed for some clarification and more orderly description of the canonical process. The proposed change focuses on the procedures and performance required of the clergy and the couple, which is what canons are best suited to address. The focus, therefore, is not on expounding the "church's teaching," but on the responsibilities of the clergy and the couple, focusing in particular on the vows that the couple will make to each other, and the cleric's responsibility in assuring they understand the gravity and meaning of those vows, and that they not undertake them "unadvisedly or lightly, but reverently, deliberately, and in accordance with the purposes for which it was instituted by God."

Isn't one of those "purposes" procreation?"

"Purpose" is likely a poor choice of words in this context. The more traditional language speaks of procreation as a "good" -- recognizing both that procreation is a biological reality we share with the natural world, and that, as St Augustine put it (Of Marriage and Concupiscence, I.iv), it reaches its crown of goodness when children are "generated to be regenerated," that is, as the BCP stresses, not merely to be born, but to be nurtured "in the knowledge and love of the Lord."

In all of this, it is important to note that procreation is only a factor for a couple capable of it. The BCP uses the somewhat confusing wording "when it is God's will." Earlier liturgies, such as that of the 1549 BCP, simply recognized that there were circumstances, such as advanced age in a woman, that rendered procreation impossible, and that such circumstances were not a bar to marriage. (The Theological Framework essay explores this issue at greater length.)

Now on to some more practical questions, from a Facebook thread, in particular a series of questions from Craig Uffman,.

By your reading, does the proposal allow a priest to conduct a SS marriage rite even if his bishop disallows it in his diocese?

At present, the liturgies for celebration of a same-sex marriage are provisional, and require the permission of the bishop. The proposed canon change doe not alter that; it refers to liturgies authorized by the church, and that includes the form and extent to which they are authorized. The SCLM in proposed resolution A054 asks for authorization of continued use of the "I Will Bless You" liturgy, and for use of three new liturgies with the permission of the local bishop. It is not clear to me whether they intend no longer to require local permission for the IWBY liturgy. I believe that will be clarified in the course of the work of the legislative committee and General Convention sessions, and in my opinion I think the status quo of the proviso will remain.

Does it imagine the possibility of such a rite without mentioning procreation among the purposes of marriage, as the essay argues against?

Those of us old enough to remember the 1928 BCP do not have to imagine a marriage rite with no mention of procreation. The 1928 liturgy only mentions procreation in two optional prayers. The classical 1549 liturgy mentioned procreation in the prologue, but recognized there were circumstances in which it was impossible, and so provided for omission of the prayer for children when the woman was past the years of childbearing. So, yes, it is quite possible to have a marriage liturgy without mentioning procreation, as the Episcopal Church recognized from 1789 and until the 1979 BCP was created.

To what extent is the argument for allowing same sex marriages as a rite connected to a justification based on a civil rights concern? If it is in some way so based, how is it reasonable to have a conscientious objector clause? That is, can a person refuse to marry persons on the basis of the class (same sex marriages)? If yes, how is that exemption tolerable if such discrimination becomes illegal in this nation? Or does our theology exclude the civil rights claim and posit the addition of same sex marriages as a proposal under the doctrine of reception (and therefore in some way leaving space for conscientious objection)?

While some speak of marriage equality in terms of justice -- and I would be among the last to say, given the witness of the prophets in Holy Scripture, that justice is not an important issue! -- that is not the focus of the Biblical and Theological framework, or of the proposed canon change.

When discussing civil rights, it is important to note that marriage is not an "individual" right -- that is, no one has the "right" to marry anyone they choose. The consent of the other party is always needed. (This to some extent addresses the accusation that the move to marriage equality is based on some kind of "social atomism" and "individual rights"; aside from the point that even if it were, such views are not in themselves antithetical to Christian thinking.) Marriage equality is about allowing particular couples to marry who have, for legal reasons, been barred from doing so. The better analogy is with the debates surrounding anti-miscegenation laws, which held that an individual man or woman was in no way impeded from marriage to a person of the same race. (Some have supplied similar unconvincing rhetoric in the case of individual gay and lesbian people.) But marriage is not, as I note, an individual action; it is always social.

That being said, the canon preserves the right of a cleric to decline to solemnize (or, as extended, decline to bless) any given marriage. This could be on the basis of a particular issue (a feeling the couple is not prepared to take on the responsibility) or on the basis of a belief concerning a class of people. In fact, this language made its way into the canon in order to allow clergy to refuse to solemnize the marriage of any divorced person, if they did not believe such people should remarry.

This does appear to conflict with the "non-discrimination canon" (I.17.5) which describes "marital status" as a protected class, along with age, race, and sexual orientation, among other categories. However, the canon contains a specific proviso, "except as otherwise specified by Canons." So, for example, the canons can "discriminate" on the basis of age by setting minimum and maximum ages for service as a cleric. The proviso in the marriage canon was added specifically to allow discrimination on the basis of "marital status." So a cleric is able to refuse to marry or bless a same-sex couple -- or any other couple -- if she has an objection of any sort to that couple's marriage, including an objection to an entire class of marriages. As I note, the proposed canon change preserves and extends this "individual right" of the cleric.

I am happy to follow up on further questions, but I think this is good for now.

Tobias Stanislas Haller BSG

UPDATE: the conversation continues...

April 29, 2015

Dear SCOTUS

Listening to the presentations yesterday, I was struck by the shallowness of the repeated arguments about procreation as the essential core of marriage. Whatever else can be said, it seems some are unable to think logically about this subject. I hope for better from the justices themselves, and offer this virtual Venn diagram as a help. 

In spite of heterosexual marriage having been the normative place for procreation to take place (not the same as a "cause" but a context, and only realized in some of the marriages) the reality is that the other purpose of marriage (binding two people in a committed relationship with each other) is true of all marriages, regardless of the gender of the couple. It's a simple rule that something that applies to all situations is more fundamental than that which applies only to some, but the drum-beat argument that "marriage is for procreation" continues its ostinato in spite of the fact that not everyone is dancing to its beat.
For those who want a Scriptural approach, Genesis 1 might come up. There God creates male and female and tells them to be fruitful and multiply. However, there is no sign of marriage in this command. In fact, God gives the same command to the birds and fish, and no one suggests they ought to marry. It has also been observed that this can be read as an address to the species as a whole, rather than a commandment to two individuals.

Genesis 2, however, gives us something much more recognizable as a marriage: the very important concept of unity of the two in one, including the formation of a new household, but without any reference to procreation.

So I might chart it out this way:
Heterosexual sex (a biological phenomenon) is necessary for procreation (pace any biotech innovations!)
But not all heterosexual sex leads to procreation.
And not all procreation takes place within marriage.
The commitment of marriage as permanent fidelity of two persons (a human phenomenon) can and does apply to all who are married. A "failed" marriage is not one which has produced no children, but one that has not sustained the bond of fidelity. 
Placing the legal and moral concerns at the biological rather than the human level is an inversion of the purposes of law and morality. Obviously everyone wants children to be brought up in a loving, caring, nurturing household. Those are moral qualities that biology cannot, on its own, provide; and they can be provided by any couple who engage the will and receive the grace to do so.

Got that?


Tobias Stanislas Haller BSG

April 17, 2015

Let the Children...

When I'm asked about the role of children in marriage, I respond that in my parochial experience they are usually old enough to serve as ring-bearers or flower-girls.

Tobias Stanislas Haller BSG

April 12, 2015

Allowance is not Mandate: A Thought on Marriage

I have heard it said by some that the Episcopal Church cannot amend its Canons to allow for marriage equality because the Book of Common Prayer's marriage liturgy makes no such provision, and furthermore "defines" marriage as only between one man and one woman. I will simply note in response that the Canons provide at present for marriage by a party to someone other than their living former spouse, after divorce, a situation which is nowhere deemed possible in the Book of Common Prayer's marriage liturgy, which "defines" marriage as requiring life-long fidelity in no uncertain terms.

Canonical allowance does not require full congruity with liturgical practice. Nor does permission need to rise to the level of mandate. The present proposed amendment to the Canons would allow for the celebration of same-sex marriage (should the church authorize liturgies with that in mind), but would no more require them than the present canon on remarriage after divorce requires bishops to approve, or clergy to celebrate, such marriages.

Tobias Stanislas Haller BSG

May 20, 2014

Marriage as Eschatological Sign

Ephesians 5:29-32 says that marriage is a sign for the relationship of Christ and the Church. Yet Jesus affirms (in Luke 20:35 || Matthew 22:30) that marriage is a thing of this world, and that the children of the resurrection do not marry; that is, that marriage does not endure into the life of the world to come.

Taken together these passages can be understood as indicating the role of marriage as an eschatological sign — a sign of the end and of eternity, in which the redeemed are united in one body (the Body of Christ) just as spouses are united in one flesh. Once that eternal union in the Body of Christ is realized, there is no longer need for the temporal union of marriage. In this sense, marriage is like a sign on a door that truthfully indicates what it declares, but whose function is fulfilled once one has gone through the door into the reality to which the sign pointed. Once the fullness to which the sign pointed is achieved, there is no need for the sign. As Jesus observed in a similar context, reflecting on how the things of this world ("eating and drinking and marrying and being given in marriage... buying and selling, planting and building" Luke 17:27,28) will pass away when the Son of Man is revealed, "Remember Lot's wife." (Luke 17:32).

For centuries it was part of the tradition to see celibacy rather than marriage as the superior earthly sign for the world to come, in which "they do not marry"; but by applying the imagery from Ephesians, marriage is also a sign for another aspect of that world: the union of the redeemed with each other and with the Lord.

So marriage and its opposite (celibacy = non-marriage) both can serve as eschatological signs; one by anticipating (analogically or metaphorically) in this world a state only fully realized in the next, the other by foregoing here a reality whose fulfillment is deferred to the next, but which in its practice anticipates another analogical aspect of that eschatological reality. In the life of the world to come all are celibate (not-married) yet united as One in Christ as he and the Father are One.

Tobias Stanislas Haller BSG

November 8, 2013

Creating Problems

The most recent reflections from GAFCON assert that same-sexuality is a rebellion against or a departure from “the created order.” This position of course of necessity must take as an underlying premise that sexual orientation is not real, but is rather a collection of behaviors or inclinations. This enters into muddy metaphysical waters (“Is the mind real or is it only the behavior of the brain?” And if the latter, “What makes the brain behave that way?”). It also must of itself require that heterosexual orientation is equally mere behavior, not being — so we are back where we started with having to decide that some behaviors are good and others bad. Morality, after all, is about behavior, not being.

There are grave problems with the thesis that gay and lesbian relationships — even those evincing moral values such as fidelity — are rebellions against creation, and they go to the source of the notion. Those who hold this position admit that it is upon the first chapter of Paul’s Letter to the Romans that they base this claim. However, when one turns to Romans 1, one does not find Paul critiquing those who rebel against creation, but those who exalt the creature. Created things, Paul affirms (1:20), are a means by which God’s divinity has been revealed, but the foolish mortals who fall under Paul’s condemnation have stopped short, mistaking the message for the messenger. They have made idols in the form of created things (1:23) and have begun to worship these stand-ins rather than the Creator (1:25). And it is for this reason, because of this, that God has given them over to futility and degradation: their punishments reflecting the futility of the worship of idols and the degradation of the Creator replaced with the creature.

Now, there is no question that Paul’s portrayal of this futile degradation includes the frenzied passions of male same-sex orgies. (It is not clear that female same-sexuality is mentioned in this passage. I’ve addressed this at length in Reasonable and Holy.) However, the catalogue of vices concluding this passage (1:29-30) makes it abundantly clear that Paul’s concern with idolaters has little or nothing to do with the same-sex relationships of faithful Christians.

No, if there is an error of interpretation concerning this passage, it must lie with those who employ it as a generalized repudiation of any and all same-sex relationships, when only particular relationships, of a kind that would be culpable even among mixed-sex groups, are mentioned; and those as a sign of punishment.

More serious, however, is the error of those who insist on exalting mixed-sex marriage, or “male and female” beyond their traditional and scriptural roles as symbols, to some kind of reification of divinity. This falls exactly into the same category of mistake with which Paul charges the idolaters: they have mistaken the symbol for the thing symbolized, exalting the creature to the Creator’s place. Such efforts to equate a married couple with the Persons of the Trinity, to insist that the divine image is only realized in the union of male and female, and all such other questionable novelties, are produced in the effort to ward off any positive exploration of the moral values of relationships regardless of sex — it is telling that such notions only began to emerge when questions of the morality of same-sex relationships (and non-procreative sex) began to be raised in the last century, and some anxious defenders of the status quo launched a rear-guard effort to find some “theology” to bolster the traditional opposition.

These theological novelties have to be examined on their own merits, just as the novelty of recognizing same-sex relationships, and blessing them, or even bringing them under the heading of marriage, must be examined. My research has shown that the efforts to theologize the sexes as the divine image, in addition to being a radical departure from the tradition that sees the divine image in each human being, does not appear to add anything to the theological store-house, and renders crucial articles of the faith (such as the Incarnation) inexplicable (if male and female together “present” the divine, Jesus was deficient). Efforts to bring the Trinity into the picture stumble even more egregiously into modalism or functionalism. When a thesis raised in defense of an aspect of pastoral theology runs up against well-established principles of dogmatic theology, it is time to set it aside.

No, if one is to decide whether same-sex relationships are good or not, one must apply the recognizable moral categories, not biological realities. It is, after all, the mind and the heart wherein the moral lies. Morality is about behavior, not being; about virtue, not anatomy.

Tobias Stanislas Haller BSG



August 30, 2013

Old is New

Oscar Watkins writes,

This question is still beyond all doubt one of the most difficult questions on the subject of marriage with which the Church is confronted.

He writes this in 1895*. He is referring to the “question” of whether mixed marriage — that is, marriage between a Christian and a person of a different faith or no faith at all — is permitted, or even constitutes a “marriage.” He notes that in the time of Constantius II (339) marriage of a Christian with a Jew was a capital offense, though this was lessened to equivalence with adultery within fifty years.

By his present (our past) time, the “question” of marriage between persons of opposite sects has come under wider consideration on the Continent, in part due to the opening of the New World to European adventures four centuries prior, and the more recent colonization of the Far East and Africa. Watkins, writing in the thick of things as senior chaplain on Her Majesty’s Bengal Establishment, evidences clear distaste for the “insidious system of Papal dispensations” allowing for mixed marriages in such settings, “without, as it would seem, any attempt to find justification or authority in the mind of the Church.”

For the English themselves, this has not been a lively issue until recently (in Watkins’ terms) as “until the seventeenth century England had no possessions in heathen countries, and that the Jews were expelled from the kingdom from Edward I, and were not re-admitted until the time of the Commonwealth.” Things are changing, however, and this important “question” is now before the church and state of England itself.

In eerily familiar language, identical in tone but different only in number, Watkins summarily concludes that except in the deplorable case of Papal dispensation, “the results of eighteen and a half centuries of Christian teaching and practice are that… marriages between baptized persons and persons unbaptized stand prohibited.”

There has, of course, been a good deal of water under several bridges since 1895. Perhaps one might say the bridges have been washed away. A rubric of the 1979 BCP indicates with limpid clarity that precisely what “1,850 years of Christian teaching” had forbidden is now perfectly licit, and without any dispensation. Interfaith marriage is also now permitted in the Church of England.†

So much for the claim that Christian teaching and practice on marriage has not changed — the requirement of same-sects marriage is a thing of the past.

Tobias Stanislas Haller BSG


* Oscar D. Watkins, Holy Matrimony: A Treatise on the Divine Laws of Marriage (London: Rivington, Percival & Co., 1895), pages 489ff. passim

† see the 2004 GUIDELINES FOR THE CELEBRATION OF INTER FAITH MARRIAGES IN CHURCH from the Mission and Public Affairs Council of the C of E

May 3, 2013

Plain Speaking About Genesis

The first few chapters of Genesis do not indicate God’s restrictive plan for the sexual conduct of humanity. They have nothing to say about marriage other than to offer an explanation as to why it is that at least some men and women are attracted to each other, and to describe their union as indissoluble. The former is explicit in the text itself, and we have the latter on the very highest authority.

The first few chapters of Genesis consist of contradictory and inconsistent creation accounts cast in the language and culture of their times. They do not describe either history or nature with any degree of accuracy whatsoever. Does this mean I deny their divine inspiration as the opening chapters of the written word of God? By no means! However, the chief divine inspiration — it is pure genius — is in providing two facially contradictory accounts of the same events side-by-side precisely in order to prevent us from taking them literally — even if we did not already know that they were not literally true on the basis of other evidence, historical and scientific. Even absent history and science no one should ever have made that error, for the witnesses do not just not agree, they contradict. (This is not the place to critique the peculiar credence that Scripture can contain no contradictions. Suffice it to say that belief derives from some source hungry for certainty and unable to deal with complex reality and ambiguity.)

To press these accounts into literal applications, as some have done to place limits upon later developments and better understandings, is as false and pointless as taking the visions of Ezekiel or the parables of Jesus as if they were historical accounts rather than exemplary and inspired teaching. That the primeval human was split to form the sexes is a fabulous construct meant to explain attraction between the sexes. It will not stand as “fact” though it has its own “truth.” But it did not happen that way, and the one who told the tale knew that very well, leaving unanswered the obvious problems such as where Cain’s wife came from. He simply wasn’t bothered, as the goal was primarily geared to answer a single question — why do men and women leave their homes to start their own families. Aristophanes did the same thing in Plato’s Symposium, though more broadly acknowledging the range of human emotional and sexual connection as his culture understood it; but there is no reason to think he intended it as natural history any more than the author of Genesis did his mythological tale.

Tobias Stanislas Haller BSG