General Synod to consider legal opinions on same-sex blessings

Archbishop Glenn Davies:

“In my opinion the effect of the majority opinion’s legal interpretation undermines the clear teaching of Scripture and thereby dishonours God.”

From SydneyAnglicans.net:

“Next year’s General Synod will consider a ruling from an Anglican tribunal saying services of blessing for same-sex marriage are constitutional, under a narrow opinion of what constitutes ‘doctrine’ of the Anglican Church.

The Appellate Tribunal expressed their opinion, by a 5 to 1 majority that the blessing of same-sex marriages was not inconsistent with the doctrine of the church, as expressed in the Fundamental Declarations of the Constitution of the Anglican Church of Australia.

Archbishop Glenn Davies has written to clergy, saying he finds the opinion ‘hard to fathom, as it is contrary to the teaching of the Bible’.

Dr Davies says, the effect of the Appellate Tribunal’s opinion is that “it has declared that a service purporting to bless a same-sex marriage, as the Diocese of Wangaratta had developed, is consistent with the doctrine of our Church, because they narrowly define doctrine as that teaching which is necessary for salvation. Since marriage is not necessary to salvation, the majority of the Tribunal opined, then blessing a lawful marriage under the Marriage Act 1961, would not be a breach of doctrine – that is, with respect to what is necessary for salvation. …’”

– Read the full article at SydneyAnglicans.net.

Documents mentioned:

Archbishop Glenn Davies’ letter to incumbents, 20 November 2020.

Bishop Michael Stead’s explanation of the legal opinion.

(Both are PDF files. Depending on your equipment, they may download to your device instead of opening in a browser.)

 

Archbishop Davies’ full letter of 20 November 2020 is available at the link above. Below is the relevant section of his letter:

The Appellate Tribunal’s Opinion

While the above matters are good news, I am afraid I have more sober news regarding the Opinion of the Appellate Tribunal with respect to same-sex blessings that was published last week. There were two Opinions which may be found here. They are lengthy reading, but Bishop Michael Stead has provided a helpful summary of the Tribunal’s findings which I have attached.

The Appellate Tribunal expressed their Opinion, by a 5 to 1 majority that the blessing of same- sex marriages was not inconsistent with the doctrine of our Church, as expressed in the Fundamental Declarations of the Constitution of the Anglican Church of Australia.

Under the Constitution, the members of the Appellate Tribunal are in certain circumstances required to consult the House of Bishops and the Board of Assessors (seven clergy elected by the General Synod for this purpose). In answer to questions addressed to these bodies by the Tribunal, unanimous reports from both the Diocesan Bishops and the Board of Assessors made it abundantly clear that the teaching of the Bible, and therefore of the Anglican Church, was that the sexual union of two persons of the same sex was sin. That is why clergy are forbidden to solemnise same-sex marriages, for to bless such a union would amount to the blessing of sin.

The Appellate Tribunal chose not to heed this clear advice.

Personally, I find this hard to fathom, as it is contrary to the teaching of the Bible, which clearly identifies marriage between a man and a woman as the only place where a sexual union is sanctioned by God (Hebrews 13:4). Sexual intercourse outside of marriage, whether it be adultery or fornication is widely condemned as immorality and attracts the harshest of condemnations in Scripture (1 Corinthians 6:9-10; Jude 7; Revelation 22:15). While the world may deride our commitment to the standard of morality that God has established for his people, we have been called to holy and righteous living. In the 6th century BC Daniel warned his readers:

Many will be purified, made spotless and refined, but the wicked will continue to be wicked. None of the wicked will understand, but those who are wise will understand. (Daniel 12:10; cf Revelation 22:11)

In my opinion the effect of the majority opinion’s legal interpretation undermines the clear teaching of Scripture and thereby dishonours God.

The Anglican Church in the Diocese of Sydney welcomes all people, regardless of their ethnicity, gender or sexual orientation, or even their past behaviour and beliefs, since the message of the gospel is that those who belong to Christ are equal members of the Body of Christ. However, Christ has set us free to serve him in holiness and righteousness of life, which entails changed behaviour. Consider Paul’s exhortation concerning unchristian behaviour and every kind of impurity.

That, however, is not the way of life you learned when you heard about Christ and were taught in him in accordance with the truth that is in Jesus. You were taught, with regard to your former way of life, to put off your old self, which is being corrupted by its deceitful desires; to be made new in the attitude of your minds; and to put on the new self, created to be like God in true righteousness and holiness. Ephesians 4:20-24

For those who struggle with sexual temptations, our Church must be a safe haven, offering both the strength to resist temptation and the joy of Christian fellowship, because the grace of God covers a multitude of sins, just as the Spirit of God empowers us to repent of our sins and walk in newness of life.

The Canon Concerning Services

The Canon Concerning Services 1992 has served our Diocese well for nearly thirty years. It provides flexibility for clergy, who have made solemn promises to conduct only authorised services of the Church in this Diocese (namely, BCP and AAPB), by allowing the minister to ‘make or use variations which are not of substantial importance in any form of [authorised] service.’ The Canon also allows the minister to conduct a service, for which no provision is made in the Diocese, considered suitable by the minister for those occasions.’

This Canon was adopted in our Diocese because it clearly stated that variations to authorised services must be ‘reverent and edifying and must not be contrary to or a departure from the doctrine of this Church.’ However, the effect of the Appellate Tribunal’s Opinion is that it has declared that a service purporting to bless a same-sex marriage, as the Diocese of Wangaratta had developed, is consistent with the doctrine of our Church, because they narrowly define doctrine as that teaching which is necessary for salvation. Since marriage is not necessary to salvation, the majority of the Tribunal opined, then blessing a lawful marriage under the Marriage Act 1961, would not be a breach of doctrine – that is, with respect to what is necessary for salvation.

This interpretation is contrary to the reports of the House of Bishops and the Board of Assessors who considered there is no such constraint upon the use of the word ’doctrine’ either in the Thirty– nine Articles or the Bible. Moreover, both reports were explicit and emphatic as to whether sexual immorality precluded a person from salvation in Christ Jesus, supporting this contention with references to Scripture (1 Corinthians 6:9-11; Ephesians 5:3-5; 1 Timothy 1:8-11; Revelation 21:27; 22:11) .

Under the Canon Concerning Services 1992, it is the Diocesan Bishop who determines whether or not a proposed service fits the conditions of the Canon, so that already one Bishop has confidently declared that same-sex blessings are now legal in his diocese. Yet that is not the case in the Diocese of Sydney, as I do not consider such services to be either edifying or reverent, let alone in accordance with the doctrine of our Church.

I was pleased to see the Provincial Standing Committee of the Synod of NSW passed the following resolution this week and it asked each Diocesan Bishop to inform his clergy accordingly.

The Standing Committee of the Synod of the Province of NSW noted the two Opinions of the Appellate Tribunal concerning the matters of:
a. the Wangaratta Blessing Service; and
b. the Clergy Discipline Ordinance 2019 Amending Ordinance 2019 (Diocese of Newcastle).
In order to prioritise good fellowship, this Standing Committee requested the ministers of the Province to wait and not to act upon these matters until they are debated at the next General Synod.

These are difficult days for our Church. Next year the General Synod will have opportunity to reflect upon both the Majority and the Minority Reports of the Tribunal’s Opinion as to whether which one truly reflects the Constitution’s declaration that ‘the canonical scriptures of the Old and New Testaments as being the ultimate rule and standard of faith given by inspiration of God and containing all things necessary to salvation.’

This is a crisis for our National Church and should lead us to prayer as we reflect upon both the teaching of Scripture and the demands of discipleship. I recognise that some will find this confronting and for differing reasons. When your congregations hear of this, they may be disturbed as to how a judicial panel could arrive at such conclusions, yet the teaching of Scripture has not changed. So, we should continue to pray, to trust God and to love our neighbour as ourselves as we navigate this territory over the next eight months until the meeting of General Synod.

As Advent approaches, the Collect from the Second Sunday in Advent is a wise guide for our prayers.

Blessed Lord, who hast caused all holy Scriptures to be written for our learning: Grant that we may in such wise hear them, read, mark, learn, and inwardly digest them, that by patience and comfort of thy holy Word, we may embrace and ever hold fast the blessed hope of everlasting life, which thou hast given us in our Saviour Jesus Christ. Amen.

With every good wish

Grace and peace

Glenn N Davies
Archbishop

A Direct Threat to Christian Education in the US

“The accreditation of Christian colleges and schools has just been directly targeted by the nation’s most influential LGBTQ organisation.

The Human Rights Campaign has recently issued a document directed at the incoming administration entitled Blueprint for Positive Change 2020. The Blueprint demands that President-elect Biden adopt a legislative agenda and enact specific executive orders that are in line with the LGBTQ movement—a movement that Biden pledged to champion.

Contained within its pages are perhaps some of the most alarming demands that threaten religious liberty, and the mainstream media has given little to no attention to this dimension of the report. …”

– Albert Mohler writes about a ramping up of the culture wars in the USA.

Review: ‘The Rise and Triumph of the Modern Self’ by Carl Trueman

“With each passing year, it can seem that cultural developments are only getting worse.

The unending creativity and output of Western debauchery is one of its hallmark industries. ‘Live Your Truth’ and ‘You Do You’ asininities ensure that critical investigation about the goals of human nature are subjugated beneath the hierarchies of nerve endings and atomized ‘rights.’ A rejection of God’s authority over creation explains one reason for our cultural plight. But cultural realities are forged by a complex milieu of ideas, personalities, and artifacts that build on one another in genealogical sequence to get us to where we are today.

Enter iconoclast Carl Trueman, who has written one of the most anticipated books of 2020. ;”

– At The Gospel Coalition, Andrew T. Walker highly recommends ‘The Rise and Triumph of the Modern Self’ by Carl Trueman.

Update:

Tim Challies has also published a review:

“As I see it, The Rise and Triumph of the Modern Self is not only the most important book I’ve read in 2020, but also the best. I can’t recommend it too highly.”

and Justin Taylor has this – with several videos from Carl Trueman.

(Availability.)

Wangaratta and Newcastle Bishops issue first responses to Appellate Tribunal

“The two bishops of the Dioceses at the centre of this week’s Appellate Tribunal opinions have issued their first responses. Bishop Peter Stuart of Newcastle sent his clergy a letter on Friday …

Bishop Clarence Bester of Wangaratta issued a statement on Thursday. …

– David Ould has a report, and the text of the statements.

Dr Robert Tong on the Appellate Tribunal Opinion

Dr Robert Tong AM, Chairman of the Anglican Church League, has written this response to the Opinion given by the Appellate Tribunal of the Anglican Church of Australia.

It’s very helpful in giving us context for what is happening, and is well worth reading in full.

_________________

 

The Appellate Tribunal of the Anglican Church of Australia

This afternoon the Primate (Archbishop Geoff Smith), released on the General Synod website the Opinions of the Appellate Tribunal on references made by him to the Tribunal for their Opinion on the validity or otherwise of legislation made by two dioceses of the Australian Church.

The Diocese of Wangaratta passed legislation to authorise a service to bless marriages which have been conducted in accordance with the Commonwealth Marriage Act.  However, there are some marriages, validly contracted under the law, which are not recognised by the church. These marriages could be blessed by use of the Wangaratta service.

The Diocese of Newcastle passed legislation in similar terms to the Wangaratta Diocese authorising the use of a blessing service. However, the Bishop did not provide his assent to the legislation within the required 30 days and, accordingly, the legislation lapsed.  There is nothing to prevent the legislation being reintroduced at a subsequent synod and, if assented to by the Bishop it will form part of the law of the diocese of Newcastle.  Secondly, that Newcastle Synod amended the jurisdiction of its diocesan tribunal.  The amendment removed from the jurisdiction of the diocesan tribunal, power to entertain complaints about clergy who had used the blessing service.

The Appellate Tribunal is created by the General Synod Constitution.  The Tribunal is the final forum in Australia for discipline appeals from a diocese.  The constitution also gives the Tribunal a function to provide advisory opinions on questions referred to it. Its membership consists of three diocesan bishops and four lawyers. Thus, it is a mixed body with training and skills in law and theology. Members of General Synod elect the members of the Tribunal and once elected they remain until retirement at 70.

On these references, the Tribunal invited written submissions from interested parties and then conducted their deliberations in private.  Under section 58 of the Constitution, where the Tribunal is not agreed on a question of doctrine, they can seek the opinion of the House of Bishops and the Board of Assessors. The Assessors are a panel of seven clergy elected by the General Synod. On the three questions asked, the House of Bishops provided a unanimous reply. The same questions to the Board of Assessors also resulted in a unanimous response. The theological thrust of the reports from the bishops and assessors was that the underlying theology in the blessing service was contrary to the Fundamental Declarations and Ruling Principles of the Anglican Church of Australia.

So much by way of background. The President of the Tribunal, the Hon Keith Mason AO QC was joined by the Hon Richard Refshauge, the Most Rev’d Dr Phillip Aspinall, Professor the Hon Clyde Croft AM SC and the Rt Rev’d Garry Weatherill, who formed the majority and gave one joint opinion.

There is a profound sense of disappointment in reading the lengthy majority opinion. In essence, the majority held that the meaning of ‘doctrine’ in the constitution is narrow. That is, in the constitution, doctrine is the teaching on the faith which is necessary to salvation. Thus, at paragraph 180:

In our view, the matters in the present reference do not involve issues of faith or doctrine properly so called any more than the dispute over female ordination. The contending views about “blessing” same-sex marriages are strongly held. But, with respect to some of the recent rhetoric, and the actions taken abroad by some bishops of this Church, the blessing of same-sex marriages does not [necessarily] involve denial of God or repudiation of the Creeds or rejection of the authority of Holy Scripture or apostasy on the part of bishops or synods prepared to support such measures.

Given that questions of doctrine were in play as well as answers from the House of Bishops and the Board of Assessors, it is disappointing that the majority have formulated an opinion which skirts around the theological position set out in the reports from the bishops and assessors.  And it is particularly curious that the two bishops on the Tribunal (who are also members of the House of Bishops) did not provide their own ‘theological’ addendum to the majority opinion. Especially so, when the majority opinion, of which they are part, opens the door for the blessing of behaviour which the Bible clearly says will exclude people from inheriting the kingdom of God (1 Corinthians 6:10).

The minority opinion of Ms Gillian Davidson asserts that ‘doctrine’ should be given the meaning intended by the framers of the Constitution, as a standard of our unity and our coherence as a distinctly Anglican body of believers.   She accepts the theological position in the unanimous opinions of the House of Bishops and Board of Assessors, that same sex practice is contrary to the faith and practice of the Church; persistent, unrepentant sin precludes a person from God’s kingdom; and God cannot bless that which is named as sin. For my part, it is inconceivable that the leading synod members of the 1955 General Synod, some known to me, who adopted the Constitution, would in any way support the narrow interpretation of ‘doctrine’ as expressed by the majority Opinion.

On the Newcastle reference, the curtailing of the jurisdiction of the diocesan tribunal was the point at issue. The change is to preclude categories of conduct by clergy in that diocese from being the subject of a charge in the diocesan tribunal. The majority held that the amending legislation was a valid exercise of the constitutional power of the diocesan synod. Ms Davidson took the view that the synod’s power may only be exercised ‘for the order and good governance of this Church within the diocese’ and that the proposed ordinance of the synod harms good order and governance and therefore is inconsistent with the Constitution.

The Opinions on both references require considered reflection on the legal reasoning and the treatment of Scripture by Tribunal members. While that may take some time, the conclusion is clear and disturbing. A presenting question is: who can articulate ‘doctrine’ in the Anglican Church of Australia? A contest between General Synod and the Appellate Tribunal is inevitable.

What might flow from these Opinions? Anybody familiar with the long and tortured gestation of the Constitution, will recognise that the hard-won unity of the Church, as expressed in the opening sections of the Constitution is under threat. The ordination of women created a state of impaired communion putting pressure on unity. If same sex liturgical blessings become part of the life of a diocese the unity of the Anglican Church of Australia will be on paper only.

Participation in the Holy Communion is seen by many as the visible expression of unity. When some Primates, at a Primates Meeting, declined to join in Communion with Primates from provinces which did not uphold biblical sexual morality, that was the ultimate breach of unity. Could that happen at an Australian Bishops Conference or at General Synod?    

At ground level, some congregations in dioceses which adopt the innovation, may want episcopal oversight from another bishop. Others may see that diocese as ripe for church planting.

Looking more widely, do these Opinions mark the line in the sand which was crossed in New Zealand, Canada, the United States and the United Kingdom?

Robert Tong

Remembrance Day 2020.

See also:

Preliminary thoughts on the Appellate Tribunal ruling – Dr. Mark Thompson, Principal of Moore Theological College, Sydney.

Preliminary thoughts on the Appellate Tribunal ruling — Dr Mark Thompson warns of devastating consequences

“It is with great sadness that I note the opinion of the Appellate Tribunal of the Anglican Church of Australia on the matter of proposed services to bless same-sex unions. Setting aside the unanimous advice of the House of Bishops and the unanimous advice of the Board of Assessors, the majority of the Tribunal has decided that there is no impediment to such services of blessing going ahead.

This opinion, if acted upon, may indeed have devastating consequences for the Anglican Church of Australia, as similar decisions have done elsewhere in the world, but it cannot change the revealed will of God. …”

– Read all of Canon Dr. Mark Thompson’s preliminary thoughts at the Moore College website.

See also:

Appellate Tribunal Issues Majority Opinion Backing Same-Sex Blessing Liturgy – David Ould, 11 November 2020.

“Attention now moves to the House of Bishops who meet tomorrow and the Standing Committee of the General Synod who begin to meet on Friday.”

Earlier:

‘Newcastle Anglicans support gay marriage’ – 27 October 2019.
Wangaratta Blessing “Delayed” – 10 September 2019.

From Father to Son — J.R.R. Tolkien on Sex

“Tolkien dearly loved his children, and he left a literary legacy in the form of letters. Many of these letters were written to his sons, and these letters represent, not only a hallmark of literary quality, but a treasure of Christian teaching on matters of manhood, marriage, and sex. Taken together, these letters constitute a priceless legacy, not only to the Tolkien boys, but to all those with whom the letters have been shared.

In 1941, Tolkien wrote a masterful letter to his son Michael, dealing with marriage and the realities of human sexuality. The letter reflects Tolkien’s Christian worldview and his deep love for his sons, and at the same time, also acknowledges the powerful dangers inherent in unbridled sexuality. …”

– Albert Mohler republishes this excerpt from his book Desire and Deceit: The Real Cost of the New Sexual Tolerance after the announcement that “Amazon intends to include sex and nudity in the upcoming “Lord of the Rings” streaming series.

See also his The Briefing for 10 November 2020. (Part 4.)

Albert Mohler on US Election Day

In his daily “The Briefing”, Albert Mohler shares his analysis for US Election Day, Tuesday 3rd November 2020.

See also:

Three Ways to be a Christian on Election Day – For the Church.

Christians, Conscience, and the Looming 2020 Election

“We know who Donald Trump and Joe Biden are, how they behave, the manner of their self-presentation, and the substance of their policies. The act of voting is before us, and for many of us is already done. What do Christians make of all this?”

– In his latest article, Dr. Albert Mohler lays out the choices he sees facing American voters at next week’s Presidential election.

See also this interview with Dr Mohler by John Anderson.

Update:

Beyond John Piper, more Christian ‘how to’ votes – Eternity News.

No Love in the Episcopal Church

“The Right Rev. William Love, bishop of the Episcopal Diocese of Albany, will step down on Feb. 1 after a disciplinary panel earlier this month determined he had violated church rules when he told his clergy not to perform same-sex marriages. …”

– Story from The Times Union, Albany, New York.

See also:

Resolution Reached In Disciplinary Matter Involving Bishop of Albany – Episcopal Church Public Affairs Office

“Presiding Bishop Michael Curry expresses sadness for the pain that has been experienced across the theological spectrum and also his continuing support for the Church’s intention that all persons have access to marriage rites authorized by the Church. …”

And earlier posts:

1. A Pastoral Letter and Pastoral Directive by the Rt. Rev. William H. Love Bishop of Albany, November 10, 2018 – PDF file.

2. TEC Bishop directs his clergy not to use General Convention trial Marriage Rites – November 12 2018.

“On three separate occasions (my ordinations as deacon, priest, and bishop) I have solemnly declared ‘that I do believe the Holy Scriptures of the Old and New Testaments to be the Word of God, and to Contain all things necessary to salvation’ (BCP 513). Upon my consecration as Bishop, I was given a Bible and was issued the following charge by the Presiding Bishop: ‘Receive the Holy Scriptures. Feed the flock of Christ committed to your charge, guard and defend them in His truth, and be a faithful steward of his holy Word and Sacraments’ (BCP 521). I take this charge very seriously.

3. A trial that should shame all Anglicans – March 8, 2020.

Update:

Bishop Love Resigns – GAFCON.

“With Bishop Love, we continue to call on the Episcopal Church to return to the supreme authority of the Holy Scriptures and to order its life and practise in obedience to God’s revealed word.”

Euthanasia in a time of COVID

“I recently heard a man express the view that he would rather vote for a communist dog catcher than for someone who did not respect life. I am not sure about a communist dog catcher but I am sure that a vote for someone who will not defend the sanctity of human life is a vote for a very uncertain future.

Pre-election desire to introduce euthanasia into Queensland by Annastacia Palaszczuk is conspicuous in its timing. While ‘voluntary’, it has to be said that such a commitment to death during the COVID-19 pandemic is very confusing. …”

– Bishop of Armidale, Rick Lewers, discusses the sobering announcement from the Premier of Queensland.

Transgender and Sport

“I am not sure that the women I know are looking forward to being unrepresented at an elite level in the sports of their choice. For all those men who are not fans of women’s sport (their loss), you may be able to rejoice that women’s sport will soon be the domain of men. That sounds confusing, and it is, because it is confusing. …”

– Rick Lewers, Bishop of Armidale, shares some engaging thoughts in his latest column.

Victoria: Christians celebrate a basic liberty retained!

Here’s a media release from The Australian Christian Lobby:

“Victorians can now breathe a sigh of relief with the Andrews government relenting on its grab for controversial detention powers in its COVID-19 Omnibus Bill.

‘The Australian Christian Lobby welcomes the government’s move to delete this unwarranted measure,” ACL spokesperson Jasmine Yuen said today. “The government wanted to appoint anyone as an ‘authorised officer’ to detain people, without warrants, for indefinite periods of time if they are considered ‘high-risk’ and likely to fail to comply with emergency directions.

“The Christian community in Victoria, including Christians from culturally and linguistically diverse backgrounds, expressed grave concerns that the Bill left all Victorians’ freedoms open to abuse. As Christians, we are concerned when the state curtails freedoms. Often the first freedom to be impacted is freedom of religion.

“Some of our migrant Christians have come from – or even fled from – their home countries where their religious freedom no longer exists.

“The Christian community in Victoria have been doing what they can to fight for their hard-earned freedom and were determined in their opposition to these draconian measures.

“We are pleased that, in this instance, the Andrews government has heard and respected the voice of its citizens.æ’”

– Source.

Pastoring Through Political Turmoil — 9Marks Journal September 2020

“Ordinarily, the 9Marks Journals push in a theological direction. The last six issues, for instance, have covered the work of a pastor, gospel-centered preaching, complementarianism, the atonement, church membership, and Calvinism.

Yet you won’t be surprised to hear the number one question we’re hearing from pastors these days: how do we pastor through a season of political turmoil?

Hence, this issue of the Journal is devoted to pastoring through political turmoil. …”

– The latest 9Marks Journal is not only about US politics, and will be helpful for Australian pastors in navigating the huge social changes we face.

For example, there’s “How to hold your tongue about politics and thereby not split your church over things the Bible doesn’t talk about” – Part 1, and (more expansively) Part 2.

Worshipping on Sunday is okay, but witnessing on Monday…?

“A leading religious freedom expert has laid out the issues ahead for Christians expressing their faith in public, saying the looming battleground is not private, but public, beliefs. …”

– At SydneyAnglicans.net, Russell Powell reports on Professor Patrick Parkinson’s 2020 New College Lectures.

See also:

The fall of Rome and the way forward for Jesus’ people – with Patrick Parkinson – The Pastor’s Heart.

What if the church wasted the COVID crisis by not prepping for a more hostile shutdown? – Stephen McAlpine.

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