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Thoughts on Officiating at Same-Gender

Blessing Services

The Board of the Covenant Network has analyzed the General Assembly Permanent JudicialCommissions decisions in cases where teaching elders have been involved in same-gender

marriages, and offers thoughts for those who are concerned with providing pastoral care that isconsistent with the GAPJCs authoritative interpretation of the PCUSA Constitution:

May Presbyterian ministers officiate at weddings of same-gender couples?May Sessions give permission for such ceremonies to be held on their premises?

Now that nine states and the District of Columbia have authorized same-gender couples to enterinto lawful, civil marriage, and other jurisdictions are considering similar measures, thesequestions have become more common and more pressing.

There are no certain, straightforward answers to these questions. Teaching elders and Sessionsshould carefully weigh the following considerations if they are asked to participate in or maketheir facilities available for a licensed same-gender wedding ceremony.

There is no definitive authority comprehensively addressing issues arising with same-gender wedding ceremonies, but decisions in church courts have not looked favorably onPresbyterian ministers officiating at such ceremonies. The General Assembly PermanentJudicial Commission (GAPJC) has addressed same-gender unions and marriages five times overthe past dozen years.[1] It has repeatedly observed that the Constitution nowhere expresslyaddresses same-gender relationships. In the absence of a definitive description or ruling, theConstitutions definition of Christian marriage as between a man and a woman (W-4.9001) has

been called upon to provide the basis for evaluating conduct concerning same-gender ceremonies.The GAPJC has recognized this provision in the Book of Worship was not designed to addressthe questions now being pressed.[2] Nevertheless, in the absence of direct address to thesequestions, the definition has generally been used to weigh against same-gender wedding servicesbeing conducted by teaching elders or hosted by Presbyterian churches.

Some pastoral acts have been affirmed as permissible:

Teaching elders may hold a religious service to bless a same-gender union, including theunion of a couple that has been civilly married, and Sessions may authorize the use ofchurch facilities for such a purpose. Such a ceremony, however, must be liturgically

distinct from traditional PCUSA liturgies of marriage, such as those found in the Book ofCommon Worship. The GAPJC decisions have not explained what constitutes a sufficientliturgical distinction, but in the view of the Covenant Network, the GAPJC likely willhonor any good faith effort to avoid hallmarks of the traditional Christian marriage service(e.g., as in the concluding pronouncement of marriage).Teaching elders may participate in a civil ceremony of marriage for a same-gender couple.Nothing in the Constitution or polity prohibits a teaching elder from signing a legalcertificate or license of marriage or acting as a witness to the civil marriage.[3] TheCommission has made clear that the Directory for Worship only applies to servicesconducted under the auspices of the PCUSA. McNeill, at 3. Teaching elders also mayprovide pre-marital counseling to a same-gender couple to the same extent as would be

Covenant Network of Presbyterians, February 18, 2013

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expected with a traditional dual- gender marriage. Such counseling probably shouldinclude information concerning the PCUSAs definition of Christian marriage. Teachingelders (and others) may refer accurately to the couple as married, so long as they do notstate or imply that the civil marriage is recognized as a Christian marriage by PCUSApolity. See McNeill, at 3 (PCUSA officer who was civilly married in a same-genderrelationship did not commit an offense by describing herself as married).

Caution is urged here, however. Because same-gender marriages, civil or Christian, are highly

controversial, public engagement with same-gender marriage ceremonies may provokeaccusations and even charges.[4] In the absence of clearer guidelines, teaching elders who desireto provide pastoral support to a same-gender couple and celebrate the couples decision to enterinto a commitment of civil marriage may be vulnerable to accusations.

Some pastoral acts seem to be ruled out by GAPJC decisions:

Teaching elders may not represent or imply that a religious ceremony of blessing for asame-gender couple is an ecclesiastical marriage ceremony as defined by PCUSA polity,whether or not the civil jurisdiction allows same-gender civil marriages. Southard, at 4.What this admonition means in practice, however, is far from clear if the religious ceremony

coincides with the same-gender couples civil marriage (as is commonly the case withtraditional dual-gender marriage).

In cases not covered by these rulings, there may be room for pastoral discretion, though theway is not entirely clear. The hard and murky question is whether it is permissible for a teachingelder to combine a civil marriage ceremony with a service of religious blessing, even assuming thepastor is careful to distinguish the liturgy from a traditional service of marriage and not to imply orrepresent that the marriage, though legal, is not sanctioned by the PCUSA. The GAPJC hasnever directly confronted this issue.[5]

The Covenant Network believes that a teaching elder may officiate at a civil marriage with a

religious blessing without running afoul of the Constitution, provided that the officiant steers clearof traditional liturgical forms and issues a statement in connection with the service that sets forththe PCUSA polity. This view is supported by the GAPJCs observation that its authoritativeinterpretations are meant to avoid the misrepresentation that the PCUSA recognizes theceremony and the resulting relationship to be a marriage in the eyes of the church. Spahr (II), at4. If the PCUSAs view of marriage is clearly represented, there would be no misrepresentationthat the marriage, though legal and blessed by the Church, is not an ecclesiastical marriageceremony as defined by PCUSA polity.

Teaching elders who wish to proceed with the possibly permissible procedure described above(distinguishing a civil wedding with a religious blessing from a marriage in the eyes of thechurch) might steer clear of misrepresenting PCUSA polity in the context of a same-gendermarriage/blessing by including the following statements made in the service or in the bulletin:

According to the laws of the State (of _______) and the provisions of the Constitution of thePresbyterian Church (USA), we are gathered to bless the civil union of ___ and ___. In allhuman relationships, we celebrate acts of commitment, respect, and love. So we come today with

joy to recognize and bless this civil union as a sacred covenant.

or

We are gathered today in great joy to celebrate the love and commitment of _____ and _____.

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With regret we acknowledge that the laws of _____ and the Constitution of the PresbyterianChurch (USA) do not recognize full marriage equality; yet we believe that this covenant is everybit as sacred as marriage, and commit ourselves to working for the day when there are no suchdistinctions

or

We are here today to celebrate a civil marriage under the laws of the State of__________ of

and . While we wish the Presbyterian Church sanctioned this as a marriage, and willwork for the day it does so, we intend to rejoice with this couple and support their commitment,love, and mutual respect just as we rejoice with and support all who make vows of faithful loveand commitment in this church.

We encourage ministers to work with couples to be creative in developing services thatreflect and honor their relationships. There are some suggestions, which might be adapted, in avolume published by Westminster John Knox in 1995: Equal Rites: Lesbian and Gay Worship,Ceremonies, and Celebrations, eds. Kittredge Cherry and Salmon Sherwood. Other resourcesare listed at

Although the Covenant Network believes that such a service is defensible under the Constitution,in many Presbyteries where same-gender marriage remains highly controversial, the act ofproviding an ecclesiastical blessing that merges with the civil marriage may provoke an accusationand a charge. Thus, the officiant may want to consider a safer strategy: separating thepermissible religious blessing from the civil marriage. For example, the pastor or others couldhold a civil ceremony to attest to the marriage and sign the license followed by a service ofblessing. The Office of the General Assembly indeed has advised that such an approach posesless risk of judicial charges.[6] The same admonitions would still apply that the service ofblessing must be liturgically distinct and that marriage must not be held out to be an ecclesiasticalmarriage ceremony as defined by PCUSA polity.

Finally, for those who reject applying the fine distinctions suggested above, but who insteaddecide to provide the same service of marriage to same-gender couples, accusations and chargeslikely will come. It is likely, however, the practical consequences from such a charge would notbe severe. Experience from other cases has been that Investigating Committees and ProsecutingCommittees will apply only the mildest form of discipline, a Rebuke, to teaching elders who arefound guilty of the offense of officiating at a disapproved same-gender wedding ceremony.

Prepared by Timothy Cahn, Esq., and the Board of the Covenant Network of Presbyterians.

[1]See Pby of Newark v. McNeill, (2012), Disc. Case 221-02; Spahr v. Pby of Redwoods (2012),

Disc.Case 220-08 (Spahr 2); Southard v. Pby of Boston (2011), Disc. Case 220-02; Spahr v. Pbyof Redwoods (2008), Disc. Case 218-12;Benton v. Pby or Hudson River, (2000) Rem. Case 212-11. A brief history of the rulings is available here: http://covnetpres.org/2013/02/a-pastoral-emergency/.

[2] The GAPJC has expressed concern over the lack of clear authority addressing same-gendermarriages. The Commission recently observed, In light of the number of cases coming beforethis Commission and the convoluted grounds upon which cases are brought and decided, it wouldbe beneficial for the church to provide a definitive position regarding participation of officers insame-gender ceremonies whether civil or religious. McNeill, at 5.

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[3] Marriage fundamentally is a matter of state law. The civil laws of all fifty states authorizereligious ministers to act as an agent of the state to solemnize the marriage. One would be well-advised to consult the civil law of the jurisdiction where the same-gender marriage iscontemplated to determine whether or not a denominations view of its ministers authorization toperform Christian marriage under ecclesial rules has any impact on the standing of the minister tobe the States agent in solemnizing the marriage. See Spahr II, at 5 (Concurring opinion by B.Bundick).

[4] PCUSA polity provides a very simple, accessible procedure by which any Presbyterianmember may initiate disciplinary proceedings against a teaching elder, even one located in adifferent Presbytery.

[5]An Advisory Opinion issued by the Office of the General Assembly has suggested that ateaching elder may not perform a same-gender marriage. The Advisory Opinions use ofmarriage (the quotation marks are the OGAs) in this context is ambiguous. The CovenantNetwork agrees with this statement only assuming that the OGA, by marriage, means aChristian marriage sanctioned by PCUSA polity. A PCUSA teaching elder may not officiate asame-gender marriage that is determined and represented to be a Christian marriage serviceauthorized by the PCUSA. Nothing in the Constitution, however, prohibits teaching elders from

solemnizing the civil marriage of a same-gender couple, if authorized by the State to do so.[6] The OGA opined: The blessing of a union between two persons of the same-genderpreviously married in a legally permitted civil ceremony may pose less risk, provided that theofficiant at the blessing ceremony does not in any way state, imply, or represent the blessing tobe a Christian marriage recognized by the PCUSA.

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