A Provisional Solution

Wednesday August 30, 2006

This is the first of two articles published initially in St. Joseph Parish Bulletin on August 20th and 27th, 2000 respectively in response to a Vatican prohibition for divorced Catholics who to receive Holy Communion without having obtained a canonical annulment of their former marriage.

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On July 6th, a document was issued by the Pontifical Council for the Interpretation of Legislative Texts re-enforcing Church rules on the reception of Holy Communion by divorced Catholic who re-marry “outside the Church” without a decree of nullity for the first marriage.

This statement, as the three which preceded it from other Vatican agencies, has disturbed not only those divorced and remarried couples to whom it is directed but also their families and friends. Indeed, these statements have resulted in the decision of some Roman Catholics to withdraw from worship and even leave the Church.

First of all, it must be stated respectfully but clearly, that this document is not infallible. Therefore, it must be interpreted in the light of the long theological tradition and present pastoral practice of the Church. This is true of all non-infallible teachings of the Church. While it does not reduce this or any other non-infallible statement to an opinion, it does mean that this document many not apply equally to everyone regardless of particular circumstances.

In order to interpret this document, we need to invoke the standard principles of moral theology and the formation of conscience.

The Church has always taught that in the final analysis a person’s conscience guides personal moral choices. Thus the axiom, “Let your conscience be y our guide.” Vatican II teaches that “Conscience is [man’s] most secret core and his sanctuary.” (C.G. n.16). This does not mean that one may act arbitrarily—on whim—or use any rationalization to justify an objectively evil act or immoral choice. On the contrary, conscientious choices require the formation of a “right or correct” conscience, i.e., a conscience that is well informed and guided by the long moral tradition of the Church rooted in the teachings of Jesus Christ.

That having been stated, it is indeed possible for a Catholic—or any person of moral integrity—to come to a conclusion about his or her moral situation which is contrary to a particular disciplinary prohibition of the Church. A case in point is the serious obligation to attend Mass on Sunday. In particular cases, persons may exempt themselves from the obligation because of unusual circumstances which limit their ability to participate, e.g., illness, the care of a dependent who is seriously ill, travel in an area in which there are no Catholic churches, etc.

After a great deal of consultation and prayer, a divorced couple in a “second marriage” might come to the conclusion that the previous marriage was clearly not a true, i.e., “authentic” marriage in the sight of God. The ordinary and proper procedure to obtain an official declaration of nullity is through the Canonical annulment process. However, it may have been impossible for particular individuals to have taken advantage of the annulment process, e.g., due to the lack of external evidence or because of serious psychological wounds emanating from the prior marital situation. It is possible that those individuals could resolve the conflict in the forum of conscience. In effect the individual might justifiably come to the conscientious conclusion that the prior marriage was indeed inherently defective and not a true marriage in the eyes of God. This would have enabled these individuals to enter a second marriage before an “official” other than a Roman Catholic priest) who is authorized to officiate by civil law.

Naturally, they would have continued to exercise their Catholic faith “in good conscience.” Of course this should be done only in consultation with a competent spiritual advisor and after much prayer. This is often referred to as “the internal forum solution” to a second marriage outside the ordinary discipline of the Church.

There is a great deal more to be explored and explained. This barely adequate explanation will serve as a necessary commentary to alleviate undue anxiety among some couples in a second marriage who were unable to obtain a formal ecclesiastical annulment of their first marriage. Further comments will be published next week.

A ‘Provisional’ Response… Part II (_Published originally in St Joseph Parish Bulletin, August 27, 2000_.)

Last week, I acknowledged the anxiety shared by many Catholic couples whose marriages ended in divorced and who have since entered a second marriage “outside the Church.” The anxiety is multi-layered and surely is not due exclusively to the fact that current Church discipline does not permit divorced couples who have remarried without an annulment of their first marriage to receive Holy Communion. Nevertheless, this discipline does evoke sadness and even a sense of anger particularly for the so-called “innocent” victim of a failed marriage and for the children of that broken marriage.

I also acknowledged the fact that despite this restrictive discipline, many Roman Catholic divorced and remarried couples have found healing and relief through the “internal forum solution.” Indeed, it may be clear to them and to all concerned that the second marriage is indeed fruitful and obviously enjoying the blessing of God even if it seems to be outside the law of the Church. With the help of a benevolent confessor, the couple is able to reach the conclusion that they may indeed continue to receive the sacraments in good faith and conscience.

I refer to you last week’s cover article which explains how a Catholic couple might take advantage of this solution to their moral dilemma. As inadequate as it is from a psychological or legal perspective, the resolution of this ambiguous situation at the level of conscience provides at least an interim spiritual respite allowing them to participate in the full sacramental life of the Church at Eucharist.

The Bishops of Austria and other European conferences both clergy and lay have appealed to Rome to address this issue among others. To date, Holy Father has not been persuaded to do so. Therefore, in the meantime, Roman Catholics may act in good faith according to their conscience. I encourage them to do so prudently.

Here are some questions that are frequently expressed about divorce and remarriage in the Church:

1. Is this something new? No. It is really rooted in Saint Thomas’ teaching about conscience and the inherent inability for the church law to cover every application of moral law to particular circumstances. Moreover, even the old code of Canon Law made provision for the possibility that a particular law may not bind in an impossible situation.

2. Does this mean that a marriage is not permanent? No. It simply means that not every marriage may enjoy the qualities considered essential to a full sacramental marriage.

3. This seems to water down the Church’s teaching on the importance of a stable marriage at a time when the divorce rate is already too high. Where is our Catholic witness? In fact, statistics reveal that Catholics tend to divorce at the same rate as the general population. The resolution is not to condemn people to an irreparably damaged relationship but to provide formation programs that will prevent people from entering a marriage prematurely. Co-habitation is not a realistic preparation for marriage.

Not long ago, our Holy Father visited an Italian prison just outside the walls of the Vatican and rightfully called for mercy and forgiveness for prisoners who experienced a change of heart despite the terrible crimes they had committed. Does not the same mercy and compassion apply to people marriage most of whom entered marriage with the intention of remaining faithful unto death but who innocently suffer the misfortune of a broken marriage?

In the fall, an opportunity to explore this question in depth will be provided as part of our ongoing adult education program.

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