Potential priests must be "chaste" to enter the training process, which is defined by the Anglican Church in this country as single and celibate or in a heterosexual marriage.
"Those ineligible for entry include those in a heterosexual de facto relationship and those in a homosexual relationship which is committed and monogamous in nature," said the tribunal's decision.
"Being gay or lesbian is not in itself a bar to ordination. But any candidate not in a marriage between a man and a woman must be celibate."
These are the core standards for ordination; What is not stated is the apparent allowance for a Gay or lesbian person to, after ordination, become married and continue as a priest. The situation has not arisen but it would seem that such priests would be allowed. On the other hand, It would appear that not allowing same-sex married couples to be priests is legal, if the church so wished, under the court's ruling which "correctly identified the balance between individual human rights and the autonomous nature of the church in a way that ensures the freedom of religion".
A New Zealand church has been let off the hook for forbidding a gay man from becoming a priest.
The Human Rights Tribunal yesterday dismissed a complaint by the Gay and Lesbian Clergy Anti-Discrimination Society against the Anglican Diocese of Auckland because it said the church was following its own rules.
The complaint referred to Eugene Sisneros' unsuccessful application to be considered for priesthood by the Bishop of Auckland, Ross Bay, because he was in an unmarried relationship.
Potential priests must be "chaste" to enter the training process, which is defined by the Anglican Church in this country as single and celibate or in a heterosexual marriage.
"Those ineligible for entry include those in a heterosexual de facto relationship and those in a homosexual relationship which is committed and monogamous in nature," said the tribunal's decision.
"Being gay or lesbian is not in itself a bar to ordination. But any candidate not in a marriage between a man and a woman must be celibate."
Mr Sisneros was an events coordinator for St Matthew-in-the-City who gave up to three sermons a year, was in an unmarried relationship and believed the treatment unfairly discriminated against his sexuality and marital status.
he spoke of his "humiliation and disappointment" at not feeling equal to his peers.
Mr Sisneros, an American who holds New Zealand residency, began theology studies at university in 2006 and at the same time expressed his desire to become a priest.
Yesterday's ruling stated that because Bishop Bay acted within the church's parameters, he did not breach the Human Rights Act.
"... there was no element of unlawfulness under the Act when the Bishop of Auckland addressed the request by Mr Sisneros that he [Mr Sisneros] be permitted to enter the discernment process," it said.
Bishop Bay said he welcomed the decision that "correctly identified the balance between individual human rights and the autonomous nature of the church in a way that ensures the freedom of religion".
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For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
TITLE 17 > CHAPTER 1 > § 107
§ 107. LIMITATIONS ON EXCLUSIVE RIGHTS: FAIR USE
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
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