Australia: Pastors committed to man/woman marriage who want to hand in the license
I would like comment briefly on suggestions that ministers who are committed to a Biblical view of man/woman marriage ought to “hand in their license” and no longer participate in solemnizing any marriages for the purposes of the Marriage Act.
This is an “internal” debate among those who have a high view of the Bible. But for those readers, I would like to make it clear that I disagree with the suggestion.
The position has recently been put forward by someone whom I respect immensely, Pastor Campbell Markham from the Presbyterian Church in Tasmania, in his article “Resignation from the Marriage Act” (Nov 29, 2017). Pastor Markham has the courage of his convictions in a number of areas- he is currently the subject of a complaint under the Tasmanian ADA similar to one made previously against Archbishop Julian Porteous. However, on this issue, he and I disagree.
Of course, I have no criticism of his decision to not solemnize marriages under the law of Australia if he conscientiously believes that the change to be made means that the word will now refer to “something very different to marriage, to something, in fact, repugnant to the nature and purposes of marriage”. (My own view is different- I think that marriage as practiced in Australia today already departs to some extent from the Bible’s model, but this does not prevent Christian ministers from solemnizing marriages themselves in ways consistent with Biblical principles.)
However, I am concerned that Pastor Markham then says that he will continue to solemnize “Christian marriages” in his church, and “will submit to whatever civil penalty may be attached to such action”. With respect, I think this is unwise. The Marriage Act 1961 s 101 provides that:
A person shall not solemnize a marriage, or purport to solemnize a marriage, at a place in Australia or under Part V unless the person is authorized by or under this Act to solemnize marriages at that place or under that Part, as the case may be.
Romans 13:1-7 enjoins all Christians to obey the law of the land where they live. True, of course, where the government forbids something that the Bible clearly commands, a Christian person must obey God rather than man (see the response of the apostles to a command not to preach about Jesus in Acts 4:18-19). But my judgment at least is that there is no commandment in the scriptures for pastors to solemnize marriages of anyone.
I think there are a number of reasons not to set up a “parallel” marriage system in the church.
I canvass many of these in the paper linked above. Creating a marriage system will mean creating a system to deal with divorce, and addressing “conflict of law” issues where parties may be married in one church but not in another. Section 101 of the Act is designed to discourage religious “marriages” that are contrary to the policy of Australia, such as a celebrant purporting to solemnize an under-age wedding or a polygamous marriage. I do not think Christian ministers ought to be undermining s 101 by breaching it in this way.
It would, of course, be perfectly possible to have a “blessing” or “thanksgiving” ceremony for congregation members who had been married at a civil registry office or by another celebrant. That, with respect, would seem to a better option for a minister who cannot in conscience continue to solemnize lawful marriages.
