The questions to be posed are what a national Church should do when it is out of step with the law of the land and the people it serves, and whether this conundrum strikes at the root of Establishment. The fact is that the Canons of the Church of England define marriage, in accordance with the traditional understanding of Christ’s teaching and the doctrine of the Church, as being between a man and a woman, and would render it in conflict with statute law, but for the so-called quadruple lock.
Increasingly that teaching is being tested and challenged, both for reasons of moral logic and for reasons of different contextual interpretations of the relevant scriptures. Overall, the Church of England is being tested in relation to a doctrinal position that has as one of its consequences an apparently irreconcilable pastoral position.
The long and at times complicated relationship between Parliament and the Established Church of England is likely to be tested further in the months and years ahead. Commentators have noted the extraordinary lengths MPs and Peers went to in engaging with the debates on women priests and bishops and there is no reason to believe that there will not be a repeat of this over the question of same-sex marriage, in all its aspects. Traditionalists will resile at attempts by Parliament, which can be anticipated, to urge the General Synod to change its teaching, if only permissively, to allow clergy to bless same-sex marriages, to remove the restrictions on celibacy for clergy in same-sex relationships and, ultimately, to permit clergy to conduct same-sex marriages. There will be renewed claims of Erastianism. But the Church cannot have privileges associated with being the Established Church and not be aware of the potential for disestablishment over this issue, with all that that might imply for the mission and ministry of the Church of England.