June 9, 2008
Dear Sisters and Brothers in Christ,
I welcome the ruling of the California Supreme Court affirming the fundamental right of all people to marry. I am writing to you now to recommend a path to use this decision to strengthen our support of our lesbian, gay, bisexual and transgendered sisters and brothers, and our continued witness to God’s inclusive love. Clergy and lay leaders in the diocese have been working for the rights of LGBT people and for their full inclusion in our Church for more than forty years. Today, we continue to walk a journey that includes:
- Bringing the witness of our LGBT sisters and brothers to this summer’s Lambeth Conference,
- Combating a ballot initiative this November that will attempt to take away the rights recently recognized by the California Supreme Court,
- Providing leadership at next summer's General Convention to bring our marriage practices and theology in line with our fundamental baptismal theology.
For far too long the onus has fallen on marginalized people to bear the burden of inequalities that exist within the Church, and the decision by our state’s Supreme Court has given us the opportunity to level the playing field. To that end, the Diocese of California seeks to provide, by advocacy and example, a way forward for The Episcopal Church so that the marriage of same-sex couples will be a part of our official marriage rites, without distinction. Although The Episcopal Church does not have canonical rites for same-sex marriage, it is our goal that all couples be treated equally by the Church, as they are equally loved by God.I therefore provide you with the following pastoral guidelines:
- I urge you to encourage all couples, regardless of orientation, to follow the pattern of first being married in a secular service and then being blessed in the Episcopal Church. I will publicly urge all couples to follow this pattern.
- For now, the three rites approved for trial use under the pastoral direction of the bishop, adopted by resolution at the 2007 Diocesan Convention (see appendix), should be commended to all couples (again, regardless of orientation) to bless secular marriages.
- All marriages should be performed by someone in one of the secular categories set forth in California Family Code, section 400 (see appendix), noting that any person in the state of California can be deputized to perform civil marriages. The proper sphere for Episcopal clergy is the blessing portion of the marriage.
- The understanding of The Episcopal Church currently is that blessings are an extension of the pastoral office of the bishop. I ask that you continue to inform me of all same-sex blessings.
- Couples who have been married under the auspices of the California Supreme Court ruling must have the same pre-marriage counseling as that required of any couple seeking marriage or blessing of marriage in The Episcopal Church. This should be understood as an offering of the Church’s support for marriage.
- I urge Episcopalians, clergy and lay, to volunteer as Deputy Marriage Commissioners. There are over 4,000 civil same-sex marriages planned in a short period of time in the city of San Francisco alone and the city is asking for help in meeting demand. I intend to volunteer for this at my earliest opportunity. This would be one sign of affirmation for the Supreme Court ruling from our diocese. By city requirement, clergy will not be allowed to wear collars when presiding at secular marriages. (For more information about how to be deputized, see the attached appendix.)
- All people receiving blessings of civil marriages in the Diocese of California are free to use the same degree of publicity (e.g., newspaper notices).
These are interim measures as the Diocese of California and The Episcopal Church continue our journey in the context of this prophetic opportunity provided by the California Supreme Court’s ruling. I have already initiated a process to arrive at a more studied, permanent answer for Episcopal clergy presiding at same-sex marriages in this diocese. That process includes the formation of a panel of diocesan clergy to make recommendations about how to move toward equality of marriage rites for all people. These recommendations will be discussed across the diocese resulting in an official diocesan policy.
In the coming days, I will publicly state my opposition to the initiative to overturn the Supreme Court ruling.
The Diocese of California will publish advertising around June 17 celebrating the Supreme Court ruling and inviting same-sex couples to our churches for pre-marital counseling and nourishment in communities of faith.
As always, I welcome your wisdom, your insights and your input on these matters, and I continue in my commitment to work for a Church that sees all of God’s children through the same eyes that God does.
The Rt. Rev. Marc Handley Andrus
Appendix to Pastoral Letter Regarding Same-sex Marriage
The three rites approved by Diocesan Convention 2007 can be downloaded from http://marriageandblessing.org. Click on the link "CMB 2007 Report" to download a PDF. The Rites are found on pages 11 - 43 of the report.
California Family CodeSection 400-401400.
Marriage may be solemnized by any of the following who is of the age of 18 years or older:(a) A priest, minister, rabbi, or authorized person of any religious denomination.(b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.(c) A judge or magistrate who has resigned from office.(d) Any of the following judges or magistrates of the United States: (1) A justice or retired justice of the United States Supreme Court. (2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior. (3) A judge or retired judge of a bankruptcy court or a tax court. (4) A United States magistrate or retired magistrate. (e) A legislator or constitutional officer of this state or a Member of Congress who represents a district within this state, while that person holds office. 401. (a) For each county, the county clerk is designated as a commissioner of civil marriages.(b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.
Deputy Commissioners of Marriage in the County of San Francisco
If you would like to assist with marriages in the County of San Francisco, you will need to be deputized as a Deputy Marriage Commissioner. Help is needed from June 17 - 28, and you will be asked to work one of the following complete shifts: 8 a.m. to 12:30 p.m.; 12:30 to 5 p.m.; 5 to 7:30 p.m. If you would like to volunteer, send an email to email@example.com: include "Deputy Marriage Commissioner" in the subject line. In other counties, you can contact the County Clerk's office for information about how to become a Deputy Marriage Commissioner. As of June 9, 2008, there is no expressed need from other counties within the Diocese of California for volunteer Deputy Marriage Commissioners.