Following the publication here of Linda Woodhead’s article titled An error in the House of Bishops Guidance on Same Sex Marriage some further discussion continued at Law and Religion UK where Frank Cranmer wrote An error in the House of Bishops’ Guidance on Same Sex Marriage? – perhaps not.
Now, Scot Peterson has published Generalizations, Just-So Stories and Marriage Law and Doctrine. He reviews the discussion so far, explaining that:
..As Iain McLean and I have written in our recent book, Legally Married, the law of marriage in the UK has changed frequently. Here, the question is whether the Marriage (Same-Sex Couples) Act 2013 is ‘the first time’ there has been a divergence between
the general understanding and definition of marriage in England as enshrined in law
the doctrine of marriage held by the Church of England and reflected in the Canons and the Book of Common Prayer.
After laying out the facts he is in no doubt about the outcome, finishing with:
…Conclusion: Woodhead’s argument is correct, and Arora and Cranmer are mistaken. The House of Bishops’ statement is in error. The civil law in England and Wales (and elsewhere) has frequently diverged from religious rules about marriage. Social norms about marriage have moved ahead, public policy about marriage, expressed in laws, has evolved, and so has church doctrine, but not always at the same rate. It would be honest of the Church of England, and its bishops, to admit that fact and get on with it.