After the defeat of the same-sex marriage vote at the 2019 general synod, the Anglican Church of Canada scrambled desperately to find a way to do the very thing that they had voted not to do. Their ingenious canon lawyer, David Jones, came up with the bright idea that, since the existing marriage canon didn’t prohibit same-sex marriage, there was nothing stopping dioceses performing them. This is known as the local option. The existing canon doesn’t say the ACoC can’t marry someone to a sheep, either, but we won’t go there.
The ever-tenacious Anglican Communion Alliance has enlisted the support of another canon lawyer – Professor Mark Hill from the CofE – to offer his opinion. He says Jones’ memo on the subject is “inaccurate and misleading” and anyone performing same-sex marriages should face disciplinary charges. Duelling canon lawyers.
I admire the ACA for their stamina in resisting the tsunami of heretical tripe erupting from the ACoC but will it make any difference? None whatsoever. If Canadian Anglican clergy admitted that same-sex marriage was not marriage at all, half of them would have to get a divorce.
The document from the canon lawyer can be found here, and a useful summary here.
FOR SOME TIME now several diocesan bishops within the Anglican Church of Canada have been allowing – and even sometimes personally performing – same-sex marriages and have authorized liturgies for such rites. They have based their right to do so on a Memo issued in June 2016 by Chancellor David Jones Q.C., the top legal advisor to the Primate.
Now a top canon lawyer in the global Anglican Communion has filed a 10-page Legal Opinion that not only argues that the Chancellor’s Memo is “inaccurate and misleading” but goes much further, stating that disciplinary charges under Canon XVIII currently could be brought against any cleric who solemnizes a same-sex marriage or any person who purports to authorize a liturgy for such a rite.