HARDLINE traditionalists have warned the Church of Scotland has thrown ministers and congregations into a legal minefield by voting to accept the ordination of clergy in civil partnerships.

The warning from the Covenant Fellowship Scotland came as the Kirk prepares to debate taking its acceptance of gay clergy a step further by supporting same sex marriage among clergy at its annual General Assembly later this week.

While the Kirk supported gay ministers in civil partnerships with a vote of 309 to 182, it still has to address same sex marriage among clergy, and then the solemnisation of marriages, a theological issue hat has yet to be fully broached.

Rev Mike Goss, of the Covenant Fellowship Scotland and minister at Carnoustie Church, Angus Presbytery, which opposes gay clergy, said it would continue to challenge the stance from with the main body of the Kirk.

The issue has led to 21 out of 806 ministers leaving the Church in six years.

Mr Goss said the move could be open to legal action and added: "The legislation itself is not stable.

"I don't think it has a long term (future) in the Church.

"There is a large body in the Church that has said they are not prepared to accept this.

"It does not have a chance of being the end (of the debate)."

Former Moderator Very Reverend Lorna Hood said she believed the new law would work.

She said: "We have not even tried the legislation.

"I think that apart from a very conservative part of the Church that is still trying to push, most are saying 'let's get on now'."

"There is no doubt that we've taken a massive step. There was a large majority for it."

Alan Hamilton, joint convener of the joint Legal Questions Committee and the Theological Forum, said he believed the Church's legal preparation was robust and that it would fund any individual legal challenges that might arise.

He said that the courts have yet to consider the legality of the 'mixed economy'.

But he added that risk is low.

The weekend outcome is the culmination of years of deliberation within the Church.

The motion has faced a series of debates and votes before the final decision. This included 31 of the Church's presbyteries endorsing the move to 14 who opposed the law.

This means the Church has adopted a position which maintains a traditional view of marriage between a man and woman, but allows individual congregations to "opt out" if they wish to appoint a minister or a deacon in a same sex civil partnership.

Because the debate predates the legalisation of gay marriage the proposed change mentions only civil partnerships, not same sex marriages.

The assembly will be asked on Thursday to consider amending today's new Church law to include ministers in same sex marriages.

In the report due to be considered by the church's General Assembly on Thursday, officials have warned the organisation could be "vulnerable to legal challenge" due to possible discrimination under the European Convention of Human Rights.

The Free Church of Scotland said is was "very sorry to hear the result of the vote".

The General Assembly of the Free Church of Scotland (Continuing) will meet in Edinburgh, on Monday.

The address of Moderator Rev Kenneth Macdonald will be given on Tuesday.