Reopening the divorce question
By JOHN L. ALLEN JR.
NCR Staff Rome
In subtle fashion, a handful of figures have put the churchs
treatment of divorced and remarried Catholics on the table at the European
Synod. In so doing, they have reopened a question the Vatican declared closed
five years ago.
Most provocatively, Cardinal Godfried Danneels, 66, has hinted at
the need for flexibility on whether Catholics who divorce and then remarry
without obtaining an annulment can receive the sacraments. An annulment is a
judicial decision from the church that the first marriage never existed.
Officially, the Vatican ended discussion of that issue in 1994
with a document from the Congregation for the Doctrine of the Faith. It held
that allowing Catholics to receive the sacraments under those circumstances
would undercut the churchs teaching on marriage.
Though the synods official propositions now appear unlikely
to address the issue -- they will instead simply call for pastoral care for
divorced Catholics -- the conversation here suggests the matter is anything but
settled.
Given the high divorce rates in the developed world, where one in
every three marriages ends in divorce (with rates for Catholics similar to the
general population), the question of how the church treats divorcees reaches
into the routine of virtually every priest and parish in Europe and North
America.
The United States is especially noted for the number of annulments
its church tribunals issue. In 1968, 338 annulments were granted in the United
States -- today the figure is around 40,000, approximately 70 percent of the
total worldwide. More than 80 percent of U.S. requests for annulments are
approved (in Italy, by way of comparison, only 37 percent are granted). Some
have criticized the relative ease with which American Catholics can obtain
annulments as a form of Catholic divorce.
Nevertheless, even in the United States the number of annulments
falls far short of the number of Catholic divorces, meaning that most divorced
people never attempt the process. Some Catholics report they find annulments
either disingenuous -- because they are asked to claim that their marriage
never existed -- or demeaning because of the personal detail required in order
to establish what church law calls a defect of consent to
marriage.
Danneels first raised the issue outside the formal boundaries of
the synod, in a talk at the French national church in Rome Oct. 6. He stressed
that the first principle in dealing with divorced and remarried Catholics must
be compassion -- pastors must not presume to judge the decisions these
individuals have made, he said.
Danneels said access to the sacraments should remain an open
question. He suggested that the Catholic church may need to learn from the
Orthodox church, in which the sacraments are understood as medicine for
the soul rather than as a privilege earned by correct application of
church rules.
The Orthodox church permits a second and even a third marriage
following divorce. The liturgy for the second and third marriages, however, is
different from the first. It contains a penitential element, expressing regret
for the collapse of the previous marriage.
In response to a question from the audience at the French church,
Danneels cautioned that discussion of the issue may not lead to immediate
change, since the power to admit remarried divorced persons to the sacraments
is vested in the Vatican. That means existing practice is likely to continue --
for now.
As the synod entered its second phase -- moving from speechmaking
in the general assembly to discussions in small groups organized by language --
Danneels reintroduced the issue.
The French language group chaired by Danneels made
sacramental discipline the final point of its report. The group
noted that many couples seek a church wedding in order to ritualize an
important moment in their lives or to offer their marriage stability. In many
cases, couples do not grasp the full theological meaning of a church wedding.
This raises the question, Danneels group said, of whether these marriages
are valid.
Some priests, the group noted, resolve the dilemma by demanding
high levels of preparation, effectively turning away many couples. Other
priests are less rigorous, since canon law specifies that marriage is a right
of all the baptized. But this leaves open the possibility of a later
divorce.
In either case, the group said, the priests have a problem
of conscience that is a type of martyrdom in their lives as
ministers.
Though the group did not spell out how to resolve the dilemma, its
comments were taken as a call for a reevaluation of how the church copes with
broken marriages -- many of which were perhaps, under the terms of canon law,
not really marriages in the first place.
Danneels is not alone in raising the issue. Cardinal Carlo Maria
Martini of Milan included the discipline of marriage among his list
of issues facing the church. The Dominican superior Fr. Timothy Radcliffe also
addressed the issue.
Radcliffe included divorced persons among his list of marginalized
groups. Our words for Christ will not have authority unless we give
authority to their experience, learn their language, accept their gifts,
he said.
In the synods third phase over the weekend of Oct. 16 and
17, as officials culled material from the small group reports for official
propositions (which, if approved by a vote of the synod, will go before the
pope), any mention of revising the churchs discipline on marriage was
omitted. Synod observers, however, say this is a normal part of the process, as
items considered to be controversial typically do not make it into the final
documents.
On the European scene, the issue of pastoral care for remarried
divorced persons has been a matter of controversy since July 1993, when three
German bishops -- Karl Lehmann of Mainz, Oskar Saier of Freiburg and Walter
Kasper of Rottenburg-Stuttgart -- issued a joint pastoral letter on the
subject. (Kasper has since been appointed secretary of the Pontifical
Commission for Promoting Christian Unity).
The bishops offered pastoral guidelines for cases in which
divorced and remarried persons might be admitted to the sacraments. They argued
that individual Catholics who, with the guidance of a priest, decide in
conscience that their marriage was invalid but who cannot (or do not wish to)
obtain a decision from a tribunal to that effect, should be allowed to receive
the Eucharist and the other sacraments.
The church cannot assume the right to disregard the word of
Jesus regarding the indissolubility of marriage, the bishops wrote,
but equally it cannot shut its eyes to the failure of many marriages. For
wherever people fall short of the reality of redemption, Jesus meets them in
mercy with understanding for their situation.
Canon law can set up only a valid general order; it cannot
regulate all of the often very complex individual cases, the bishops
said.
In September 1994, the Congregation for the Doctrine of the Faith
issued a document rejecting this solution. If the divorced are remarried
civilly, they find themselves in a situation that objectively contravenes
Gods law. Consequently, they cannot receive Holy Communion as long as
this situation persists, it said.
Should they judge it possible to do so, pastors and
confessors, given the gravity of the matter and the spiritual good of these
persons as well as the common good of the church, have the serious duty to
admonish them that such a judgment of conscience openly contradicts the
churchs teaching. The letter was signed by Cardinal Joseph
Ratzinger and approved by the pope.
Observers say the Vatican hoped to cut off any tendency at the
local level toward de facto tolerance of civil remarriage. Among European
church-watchers, the fact that none of the three bishops has gone on to become
a cardinal is viewed as a signal of Vatican disapproval.
The issue has, however, refused to go away. Last year another
group of German bishops proposed that divorced people be allowed full
participation in the sacraments after a period of repentance.
At an extraordinary conference over the weekend of Oct. 16 and 17,
the Italian bishops conference called for an undefined Jubilee
gesture of reconciliation toward divorced Catholics. They also affirmed
that divorced people remain full members of the church.
Even Cardinal Joseph Ratzinger, the Vaticans top doctrinal
officer, has voiced doubts as to whether every marriage between two
baptized people is truly ipso facto a sacramental marriage, given the
pervasive secularization of culture. He made the comment in the introduction to
a document from his congregation, On the Pastoral Care of
Remarried Divorcées.
National Catholic Reporter, October 29,
1999
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