Agreed, some may not be in “adulterous” unions, as they may be living as brother and sister, in which case they commit no adultery.
Well it depends on what people mean when they colloquially speak of “adulterous unions” I suppose.
Westerners these days have an obsession with it being limited to sex. Yet the Church with a longer perspective still has objective issues simply with both cohabitation and 2nd civil marriages as in themselves objectively contradicting Jesus’s teaching on marriage and therefore a form of unfaithfulness still falling under the name “adulterous union”.
There are very different groups of adulterers as adultery is very differentiated in type…most Cardinals acknowledge this - as did Jesus who spoke of wives being made adulterers by their husbands…and that state may not have involved sex at all.
In any case I believe you understood well enough that I was referring to later convalidated unions. Prior to this discovery then there was no true adultery before God. And often enough informal moral certitude can be had on this matter by officials involved even if the robust formal objective evidence required by Tribunal judges is not.
I’m not sure I follow when you say “grind to a halt due to mere technical difficulties”. Are you perhaps referring to those cases when there is insufficient evidence to indicate that the marriage was invalid? In which case if there is insufficient objective evidence, how could anyone have any confidence that their original marriage was invalid if they have nothing to prove it?
It clearly is enough to see these alleged “adulterers” as far less confidently so and hence allows for well judged compassion re Communion until the high level of doubt is resolved either way.
Put it into another context; a criminal court. A man has been accused of a violent crime, but “due to mere technical difficulties” he is let off and walks free (e.g. there is no evidence). Is his “victim’s” family entitled to take the law into their own hands if they’re “subjectively convinced” that he is actually guilty?
That one would think this example could be analogous to the issue at hand is itself a concern.
Some rather glaring fails might be:
The Tribunal judges the status of the first marriage not the 2nd.
A negative finding merely continues the presumption of the presence of the bond in the first marriage, it does not prove it. Just as a “not guilty” finding re a murder charge does not mean the defendant is innocent.
It is not that there is no evidence, it is about the robustness of the evidence required to overturn a standing presumption in favour of the first marriage. A lower level of evidential proof required by a Communion judge to reach moral certainty does not contradict a higher level required by a marriage judge. Two different decisions are being made.
A decision about marriage status is of more import than that of Communion access by the same person.
As Pope Francis reminded us 2 years ago, unlike secular equivalents, Church Courts are meant to be headed by a Shepherd of souls not a Judge of souls.