In response to Robert Denman’s question
However, on the theme of the thread’s title, is anyone going to attempt to answer my question (in #14) about the Constitutional validity of female assistant bishops?
Jeremy Halcrow has made several comments including:
Sydney Diocese’s position is that women bishops (whether Diocesan or assistant) is unconstitutional. Am i right? The Appellate Tribunal ruled 4-3 otherwise. That ruling doesn’t change the above. You’d have to ask the Sydney bishops what agreement they came up with the other Dioceses at their meeting at Newcastle last month.
and
Clearly no one in Sydney is challenging the legality of assistant bishops after losing on diocesan bishops. I take it that’s a political decision.
In reality the answer is quite simple and has nothing to do with the protocols or any agreement made by the Bishops at their recent meeting in Newcastle.
It has to do with a legal obstacle to female Assistant Bishops in some Dioceses as identified in the Appellate Tribunal Decision which can be found at http://www.anglican.org.au/docs/ATWomenBishop270907.pdf (sorry I don’t know how to build in the link someone with more IT savvy than I may care to do that!)
The relevant section highlighting the problem is
Question 1: Is there anything in the Constitution which would now
prevent the consecration of a woman in priests’ orders as a bishop in
this Church in a diocese which by ordinance has adopted the Law of
the Church of England Clarification Canon 1992?
Answer: As regards diocesan bishops: No, provided that the
woman has been duly elected as the diocesan bishop and has had her
election duly confirmed in accordance with the criteria for canonical
fitness set out in s74(1) of the Constitution.
As regards assistant bishops: There is nothing in the Constitution itself
that would preclude the consecration of a woman appointed in
accordance with the law applicable in the diocese concerned.
However, such consecration could not take place in a diocese in which
the Assistant Bishops’ Canon 1966 is in force so long as it remains in
force in that diocese in its present form.
The reason for the difference is that with effect from 1995 there was a change made in the definition of Canonical fitness which removed any reference to gender, however that change was ruled not to apply retrospectively to the 1966 Assistant Bishops Canon. As I understand it Melbourne and Perth Dioceses after the Appellate Tribunal decision have acted to remove the impediment - I assume by repealing the 1966 Canon and establishing other means for the regulating of Assistant bishops.
It was quite clearly reported at the time of the Appellate Tribunal decision that there was a simple remedy (by way of Diocesan Synodical action) to the rather farcical situation of it being OK for a woman to be the chief bishop of a Diocese but not an assistant bishop. I hope that helps to clarify the situation - it has nothing to do with “politics” as Jeremy has inferred but everything to do with the intricacies of church law!
Mark Short asks
Will deacons and priests ordained by female Bishops in Australia be recognised as such within Sydney Diocese?
A good question. I guess that will firstly depend on their gender - certainly if current practice continues any female priests so ordained will not be, just as those ordained by a male bishop are not. However I expect that female deacons and male deacons and priests will be recognised as such, though whether they will be licensed to work in Sydney may be problematic. I would most surprised if permission to exercise their ordained ministry on a temporary visiting basis was refused.
I would argue that Sydney needs to rethink its position on the issue of the recognition of female priests and now bishops. Sydney has consistently argued that those Diocese’s that support the full ministry of women need to make appropriate provision for those who in conscience cannot accept the ministry of women priests and bishops yet it continues to refuse to make the same provision for those parishes within this Diocese which seek to live out the clear witness of scripture as a whole that gender is not a determinant when it comes to ministry and leadership in the Church. It would be good if Sydney showed the same flexibility and pastoral sensitivity for its minorities as it supports for minorities in other Dioceses and which the protocols suggest will be forthcoming.