Theological Basis
if you're going to do something, do it deliberately knowing the consequences of what you are doing...

Whereas previous reference to same sex marriage was only "that the 38th General Council call upon the Government of Canada to recognize same sex marriages in the marriage legislation"; and

Whereas the General Council has not yet authorized same sex marriage; and

Whereas statements and ruling from the General Council offices are seen as de facto authorization of same sex marriage; and

Whereas statement that congregations might refuse same sex marriages where the religious body publicly recognizes same sex marriage is legally questionable; and

Whereas statements respecting same sex marriage are legally difficult to retract; and

Whereas statement that " congregation or minister can be forced to officiate at a same-sex marriage unwillingly" is legally not enforceable by the religious body and is complicated where the religious body publicly recognizes same sex marriage; and

Whereas the consequential legal implications related to same sex marriage should be deliberate and not by default;

THEREFORE BE IT RESOLVED that the 39th General Council affirm the courts of responsibility relating to marriage are
session for
"oversight of the spiritual interests of the Pastoral Charge" [basis 5.8.4]; and
"the order of public worship, including the service of praise and the use of the church edifice" [basis 5.10.1(5)]; and
presbytery for
"the oversight of the conduct of members of the Order of Ministry on its roll" [basis 6.4.16].