Committee:
20 - Special Legislative Committee on Marriage
Proposer:
California
Finalized text
Resolved, the House of _______ concurring, That the 78th General Convention of The Episcopal Church authorize the use of “The Celebration and Blessing of a Marriage,” “The Blessing of a Civil Marriage,” and “An Order for Marriage” from The Book of Common Prayer 1979, and “The Witnessing and Blessing of a Lifelong Covenant” from Liturgical Resources I, for all marriages legal in the civil jurisdiction in which the liturgy takes place.
In civil jurisdictions with same-sex marriage, the language “man and woman” and “husband and wife” and other such gender-specific language shall be equally applicable to two people of the same sex, and may thus be modified whenever necessary for the purposes of the Canon “Of the Solemnization of Holy Matrimony” (Canon I.18) and “The Celebration and Blessing of a Marriage,” “The Blessing of a Civil Marriage” and “An Order for Marriage” in the Book of Common Prayer 1979; and be it further
Resolved, That the 78th General Convention of The Episcopal Church amend Canon 1.18: Of the Solemnization of Holy Matrimony, to read as follows:
Sec. 1. Every Member of the Clergy of this Church shall conform to the laws of the State governing the creation of the civil status of marriage, and also to the laws of this Church governing the solemnization of Holy Matrimony, and if the solemnization of Holy Matrimony is to have legal effect as a civil marriage, to the laws of the State governing the creation of the civil status of marriage.
Sec. 2. Before solemnizing a marriage Holy Matrimony the Member of the Clergy shall have ascertained:
(a) That both parties have the right to contract a marriage according to the laws of the State, if the marriage is to have legal effect.
(b) That both parties understand that Holy Matrimony is a physical and spiritual union of a man and a woman two people, entered into within the community of faith, by mutual consent of heart, mind, and will, and with intent that it be lifelong.
(c) That both parties freely and knowingly consent to such marriage, without fraud, coercion, mistake as to identity of a partner, or mental reservation.
(d) That at least one of the parties has received Holy Baptism.
(e) That both parties have been instructed as to the nature, meaning, and purpose of Holy Matrimony by the Member of the Clergy, or that they have both received such instruction from persons known by the Member of the Clergy to be competent and responsible.
Sec. 3. No Member of the Clergy of this Church shall solemnize any marriage unless the following procedures are complied with:
The intention of the parties to contract marriage shall have been signified to the Member of the Clergy at least thirty days before the service of solemnization; Provided, that for weighty cause, this requirement may be dispensed with if one of the parties is a member of the Congregation of the Member of the Clergy, or can furnish satisfactory evidence of responsibility.
In case the thirty days' notice is waived, the Member of the Clergy shall report such action in writing to the Bishop immediately.
(b) There shall be present at least two witnesses to the solemnization of marriage.
(c) The Member of the Clergy shall record in the proper register the date and place of the marriage, the names of the parties and their parents, the age of the parties, their residences, and their Church status; the witnesses and the Member of the Clergy shall sign the record.
(d) The Member of the Clergy shall have required that the parties sign the following declaration:
(e) "We, A.B. and C.D., desiring to receive the blessing of Holy Matrimony in the Church, do solemnly declare that we hold marriage to be a lifelong union of husband and wife two people as it is set forth in the Book of Common Prayer.
(f) "We believe that the union of husband and wife two people, in heart, body, and mind, is intended by God for their mutual joy; for the help and comfort given one another in prosperity and adversity; and, when it is God's will, for the procreation of children and their nurture in the knowledge and love of the Lord.
(g) "And we do engage ourselves, so far as in us lies, to make our utmost effort to establish this relationship and to seek God's help thereto."
Sec. 4. It shall be within the discretion of any Member of the Clergy of this Church to decline to solemnize any marriage.