Evening star., 1931-04-26
Commission Redrafts Canon
on Matrimony to Provide
Remarriage by Clergy.
MARITAL CASES COURT
FOR DIVORCES SOUGHT
All Pleas to Rewed Would Be Tried
and Second Rites Different
Under Proposed Plan.

A proposal that the Protestant
Episcopal Church lift its ban against
the remarriage OF divorced persons
and no longer limit the conditions
under which divorce is held justified
is provided in proposed tentative
draft of a new canon of matrimony
to be presented at the Fiftieth General
Convention OF the Church in Denver,
Colo. September l6.
Treating the whole subject of the
Episcopal Church's attitude toward the
divorce problem, the proposed canon
contemplates, in addition to sanctioning
divorce, recognizing any legal grounds
for divorce and empowering its minis
tcrs to administer matrimony to di-
vorced persons.
The drastic changes suggested in the
laws of the church have been drawn
as result of a six-year study of the
whole problem of matrimony by a
especially appointed joint commission
of distinguished clergy and laity of the
Episcopal denomination, headed by the
Right Rev. Herman Page, Bishop of
Michigan. 1t was made public here
yesterday by Rev. D. Wellington Cur
ran, executive secretary of the diocese
Oi washing COH.
Marital Court Proposed.
The tentative draft of laws is ex-
pected TO provoke Nation wide dis
cussion and its sponsors openly invite
full and free criticism of the innova-
tions.
That the door for remarriage of
divorced persons may not be thrown
wide open, the new canon proposes
also the creation of an Ecclesiastical
Marital Court to pass upon the right
of divorced persons to contract second
marriages. 1t would also prohibit the
performance of the second marriage
ceremony within the portals Of the
church or with the use Of the approved
service of the Book of Common Prayer.
Public and private instruction on
the nature of Christian marriage would
be made compulsory under the revised
laws, together with written pledge
signed by the contracting parties to
conform to the doctrine of the church
regarding marriage: Unless these re-
quirements were filled, the new canon
would prohibit minister from perform
ing marriage ceremony.
Would Give Nine Grounds.
Nine grounds upon which a marriage
may be annuled are set forth in the
proposed revision of the canon, which
contains seven sections, as contrasted
with the present canon on matrimony,
which has only four sections. A sec
ton which would prohibit minister
of the church from solemnizing a mar
riage unless the parties thereto had
been married first by a civil magis-
trate was proposed by some members
of the commission, but was voted out
largely because of the legal problems
involved.
The section of the proposed new
canon. under which marriage of di
vorced persons would be sanctioned,
reads as follows:
ANY person to whom divorce
from a former marriage has been
granted for any cause by civil court
may, after the expiration of one year
from the granting of the divorce. apply
to his bishop or to the Ecclesiastical
Marital Court of his domicile for per-
mission to marry another person. The
bishop or court shall thereupon inquire
into the characters and personalities OF
the parties to the previous and to the
proposed marriage, and determine
whether the purposes of Christian
marriage will be best served by the pro-
posed marriage.
IF the bishop or court permits the
proposed marriage, a minister of the
church may Solemnize the marriage;
provided, however, that he shall not
solennize it in the church or by the
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