I have been observing the discussions on Amoris Laetitia since publication and can speak as someone who has experienced ‘irregular’ situations as I obtained a Decree of Nullity in 2014. I have refrained from comment thus far as I am not a theologian or canon lawyer, far from it, just a lay faithful Catholic but I would like to contribute to the debate.
I make reference to Section 298, footnote 321 which states:
*The divorced who have entered a new union, for example, can find themselves in a variety of situations, which should not be pigeonholed or fit into overly rigid classifications leaving no room for a suitable personal and pastoral discernment. One thing is a second union consolidated over time, with new children, proven fidelity, generous self giving, Christian commitment, a consciousness of its irregularity and of the great difficulty of going back without feeling in conscience that one would fall into new sins. The Church acknowledges situations “where, for serious reasons, such as the children’s upbringing, a man and woman cannot satisfy the obligation to separate”.
Note (329): JOHN PAUL II, Apostolic Exhortation Familiaris Consortio (22 November 1981), 84: AAS 74 (1982), 186. In such situations, many people, knowing and accepting the possibility of living “as brothers and sisters” which the Church offers them, point out that if certain expressions of intimacy are lacking, “it often happens that faithfulness is endangered and the good of the children suffers” (SECOND VATICAN ECUMENICAL COUNCIL, Pastoral Constitution on the Church in the Modern World Gaudium et Spes, 51).*
I single out in particular “In such situations, many people, knowing and accepting the possibility of living “as brothers and sisters” which the Church offers them, point out that if certain expressions of intimacy are lacking, “it often happens that faithfulness is endangered and the good of the children suffers”.
I can testify to the fact that throughout my ‘putative marriage’, ‘expressions of intimacy’ absolutely were not lacking but that did not stop the father of my child from seeking out such ‘expressions’ elsewhere. Why is it presumed therefore, that it will stop people from being ‘unfaithful’ and in danger of committing ‘new sins’ in a second union? Does this mean that adultery is to be condoned and actively encouraged?
While I have not read all of AL, despite many references to orthodoxy, I am concerned that one footnote, especially 351 in conjunction with the above, would unintentionally undermine the indissolubility of marriage. I think here of a large bowl of water. If just a small drop of colouring is added, all the water becomes discoloured.
I would further like to add, that while awaiting the Decree of Nullity, my then fiancé and I did live under the same roof due to financial matters but we refrained from sexual intimacy until our wedding night. It was difficult but with the grace of God, we prevailed. This was not some heroic ideal but is the lived experience of many faithful Catholics. I feel hurt of late as I feel like my husband and I are viewed as some sort of fundamental, rigid people, suffering from sickness as we try to follow the Lord’s teaching as best we can.