The advice from the Legal Office is that changing this would involve several pieces of legislation to change multiple canons, change the Book of Common Prayer, overrule ecclesiastical common law, and even \u201crepealing references to dominical teaching\u201d from Canon B30. In other words, if we want to change what we teach about marriage, we can\u2019t even say that our teaching is based on the teaching of Christ. That\u2019s how far this departs from our current teaching. Is it any wonder that the bishops are saying in the subtext that none of them even wants to attempt this legislative package?<\/p>\n\n\n\n
The other route examined whether bishops could grant a canonical dispensation to allow such marriages. This would be akin to the existing power in Canon C4.5 to allow the ordination of those who are divorced and remarried whilst their former spouse still lives. The comparison is not straightforward, however, as the \u201c[e]xisting powers of canonical dispensation do not permit the doing of things which are contrary to the Church\u2019s doctrine; they permit doing things which are not normally permitted as being contrary to good order or that otherwise require regulation. To provide for a power of dispensation to permit the doing of something that was contrary to doctrine would be a novel departure in canon law of the Church of England\u201d (p.68). It would stretch things so far as to break the internal consistency of the canons.<\/p>\n\n\n\n
Finally, the paper addresses the same question as that addressed above in the FAOC papers: whether bishops could choose to turn a blind eye to clergy and ordinands in same-sex marriages. Whilst bishops have a large degree of latitude and discretion, they are not permitted to simply do whatever they want. \u201cWhat it plainly is not lawfully open to a bishop to do is to declare that no clergy in his or her diocese will face discipline if they enter into a same sex marriage. First, such a statement would amount to an abrogation of the bishop\u2019s canonical duties\u2026 Secondly, it is not even in the bishop\u2019s gift to grant such a dispensation.\u201d<\/p>\n\n\n\n
Now that we have the full content of the theological and legal papers, it is quite easy to see why the House of Bishops made the decision that they made in October to stop trying to shove everything through by episcopal fiat. Those of us opposed to the whole project have been saying for years now that they can\u2019t do what they\u2019re attempting to do, and they certainly can\u2019t do it in the way they\u2019ve been attempting to do it. These papers only confirm what we\u2019ve been saying all along.<\/p>\n\n\n\n
Read it all<\/a>.<\/p> Why can't we have the Prayers of Love and Faith after all? A look at the theological and legal papershttps:\/\/t.co\/9CVcoP0m4p<\/a><\/p>— Michael Hayden (@michael__hayden) November 7, 2025<\/a><\/blockquote>