INTRODUCTION
The General Assembly met in Edinburgh from 16 to 22 May, with the Rt Revd Dr Angus Morrison, Minister of the United Parish of Orwell and Portmoak in the Presbytery of Perth, installed as Moderator. Dr Morrison was to be Moderator at the 2014 Assembly; however, he stood down early due to health reason and was re-elected and installed this year. This year's Lord High Commissioner to the General Assembly was Lord Hope of Craighead KT PC, who has served successively as Lord President of the Court of Session and Lord Justice General in Scotland, then as a Lord of Appeal in Ordinary and finally as Deputy President of the Supreme Court.
The most significant piece of business relating to the interface between church and civil law related to same-sex relationships, as outlined below.
SAME-SEX RELATIONSHIPS
Ministers and deacons in civil partnerships
On the first day of business, the General Assembly voted in favour of permitting persons in civil partnerships to serve as ministers and deacons within the Church of Scotland, by 309 votes to 182. This decision follows the prior decision of the General Assembly of 2014, which was approved by a majority of presbyteries (31 for, 14 against) under the terms of the Barrier Act 1697.
The Church has adopted a position which maintains a traditional view of marriage between a man and a woman but which allows individual kirk sessions to decide if they wish to ‘opt out’ of the traditional position and to call a minister or appoint a deacon who is in a same-sex civil partnership. A kirk session would therefore have to decide in a period of vacancy whether the congregation would be open to seeking a minister in a civil partnership before advertising the vacancy. This was passed under Act 1 (2015) of the Acts of Assembly.
Same-sex marriage
The wider issue of what same sex-marriage means in the Church was also mentioned in the reports on Saturday. However, there were no moves to allow ministers and deacons to solemnise marriages of same-sex couples. Further exploration of this particular issue will be reported to the Assembly in two or three years’ time.
Ministers and deacons in same-sex marriages
The General Assembly debated whether or not to extend the provision covering ministers and deacons in civil partnerships to those who are in a same-sex marriage. Following lengthy debate, Commissioners voted by 213 votes to 205 against deferring a decision on this until the Church's Theological Forum had presented a report on the subject of same-sex marriage. However, Commissioners then voted by 215 votes to 195 to defer the final decision until presbyteries have been consulted under the terms of the Barrier Act. Presbyteries will now debate this matter and return their votes by the end of this year for reporting to the 2016 Assembly.
Special provisions were agreed which protect any minister or deacon ordained before 31 May 2009 who is now in a same-sex marriage.
Summary
As a consequence of the decisions taken at this year's General Assembly, the Church of Scotland continues to affirm that it stands by its historic and current doctrine and practice in relation to marriage and human sexuality while, at the same time, permitting individual congregations, by decision of the kirk session, to depart from this position and therefore be able to call a minister or appoint a deacon in a civil partnership.
This permission does not extend to ministers and deacons who have entered into a same-sex marriage (other than the special provisions mentioned above) until presbyteries have voted prior to the end of this year and the 2016 General Assembly has given final approval. It would seem strange that a minister or deacon cannot enter into a same-sex marriage but can enter into a civil partnership that offers almost identical legal rights and protection; however, it could be argued that the former did not pass owing to the theological nuances within the concept of marriage.
It should be noted that this legislation does not apply to prospective applicants to a vacancy as parish minister but to other appointments as described under 2015 Act 1 (Ministers and Deacons in Civil Partnerships):
‘appointment’ shall mean the appointment of a minister (other than the induction of a Minister) or Deacon to work with or within the life and witness of a congregation. An appointment may be part or full-time, paid or unpaid. An appointment may be made by the Kirk Session, Congregational Board, Deacons’ Court, Committee of Management or other body responsible for employing persons on behalf of a congregation or by the Presbytery or by a Council or Committee of the Church.
OTHER MATTERS
Under 2015 Regulation 1: Remuneration and Reimbursement of Parish Ministers, clarification was provided as to expenses for ministers, noting that ministers are office-holders and not employees. On manses, it was clarified that ‘Ministers shall have the right to be provided with a manse and have a corresponding duty to live in it and discharge the duties of their office from it’, under 2007 Regulation 7 (Manses) and 2013 Regulation 3 (Manse Adjudication Committee).
2015 Act 5 (Presbytery Mission Initiatives) allows for the relaxation of parish boundaries for missionary work of a ‘fresh expressions’ style, noting that such initiatives do not have a legal personality or direct representation in the courts of the Church except through the sponsoring parish church(es).
The Legal Questions Committee report provided clarification on the role of elders as interim moderators, on ministerial practising certificates and on the on-going review of the Disciplinary Acts.
