I asked Michael Rehill, our chancellor and fellow deputy, to advise me regarding Elizabeth Webb's letter which XXX YYY passed along to the bishops-deputies discussion on December 21st. He agreed to my request to share his reply.

--L.

Elizabeth is literally correct. There are no LEGAL consequences for failing to comply with a resolution of General Convention. However, there are always consequences. Under our structure, the only matters for discipline are found in Title IV of the Canons, and they only apply to members of the Clergy. Resolutions of General Convention are at best advisory, stating the policy of the Church as understood by General Convention. There have been several instances where attempts were made to enforce Resolutions as though they were Canons, but all have failed. Remember our dear friend Walter Righter? The Church has consistently held that Resolutions are not themselves enforceable. There is no provision under our Canons for bringing charges for failure to bey a Resolution of General Convention, although there are such provisions for failure to obey the Constitution or Canons.

In the case in question, there could be "legal" consequences if the individual Diocesan Bishops were charged, tried and convicted of violation of the Canons of the Church for their continued failure to permit the full ministry of ordained women clergy in their dioceses, as the Resolution in question clearly reminds each of them that the Canons of this Church pertaining to women's ministry are MANDATORY, and not subject to indivual acts of "conscience" where the individual's "conscience" is in direct conflict with the Canons. The Resolution adopted by General Convention, in essence, lays upon the Executive Council the unenviable task of attempting to get these Bishops to comply with the Canons (and their ordination vows) during this triennium. While the Mind of the House resolution adopted by the House of Bishops sets the tone for such efforts, the ultimate result of failure is inevitably the discipline of the offending Bishops if our Canons are to have any meaning, and if we really believe that our women clergy have the right to the full exercise of their ordained ministry throught this Church.

Therefore, Elizabeth is right in her conclusion that there are no immediate "legal" consequences for failure to comply with the Resolution of General Convention, but there may well be canonical consequences for the continued actions of the recalcitrant Bishops after the end of this triennium should there be no good faith effort to comply with the Canons.

Michael F. Rehill, Chancellor and GC Deputy, Diocese of Newark

• Louie Crew's Anglican pages: http://newark.rutgers.edu/~lcrew/rel.html
• Louie Crew's home page: http://newark.rutgers.edu/~lcrew
• Send mail to: lcrew@newark.rutgers.edu

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