I think we are talking past each other here a little bit.
The underlying assumption that Fr. Michelet has is “Familiaris Consortio recalled that it was not possible to give communion to the divorced and remarried, because it was thought that such ignorance was impossible in their situation.” And if Fr. Michelet is right about that, everything else he says follows and I have absolutely no objection. But is his underlying assumption correct? That’s what I am trying to clarify, and ISTM Cardinal Muller indicates (obviously not in direct reference to Fr. Michelet) that the underlying assumption Fr. Michelet gives is not correct, that Familiaris Consortio limited Communion for the divorced/remarried for another different reason:
Whoever lives in a way that contradicts the marital bond opposes the visible sign of the Sacrament of Marriage. With regard to his carnal existence, he turns himself into a “counter-sign” of the indissolubility, even if he is not subjectively guilty. Exactly because his carnal life is in opposition to the sign, he cannot be part of the higher Eucharistic sign – in which the incarnate Love of Christ is manifest – by thus receiving Holy Communion. If the Church were to admit such a person to Holy Communion, she would be then committing that act which Thomas Aquinas calls “a falseness in the sacred sacramental signs.”
Familiaris Consortio limited Communion for the divorced and remarried that had not repented of mortal sin. And communion reception is also conditional on not giving scandal. As stated in
Familiaris Consortio 84:
Reconciliation in the sacrament of Penance which would open the way to the Eucharist, can only be granted to those who, repenting of having broken the sign of the Covenant and of fidelity to Christ, are sincerely ready to undertake a way of life that is no longer in contradiction to the indissolubility of marriage. This means, in practice, that when, for serious reasons, such as for example the children’s upbringing, a man and a woman cannot satisfy the obligation to separate, they “take on themselves the duty to live in complete continence, that is, by abstinence from the acts proper to married couples.”[180]
This is also upheld in Amoris Laetitia, in saying that those in the irregular union that do not understand could receive communion, being not mortally culpable, but once there is understanding, must stop receiving communion. How can this be?
AL 301 … A subject may know full well the rule, yet have great difficulty in
understanding “its inherent values”,339 or be in a concrete situation which does
not allow him or her to act differently and decide otherwise without further
sin. As the Synod Fathers put it, “factors may exist which limit
the ability to make a decision”.340
The cases considered are divorced and remarried, and, those the delay marriage in the Church due to superstitions, to the time they have grandchildren. Fidelity means that one avoids all sexual activity apart from one’s marriage, so fornication is an attack, as well as adultery. So in the case of delay of marriage in the Church it constitutes lack of form and is null “ab initio, Now it is saying that
public bond could possibly be substantial when ignorance is present, of course without stating it was a marriage. We know that the Church does allow per canon law that a Catholic marriage can be valid between the baptized even without a minister, either through the unavailability of priest for a month or dispensation from form (as in a radical sanation).
Finalis Relatio contained item 54 regarding leading that kind of
public bond to the Sacrament of Matrimony:
54. When a couple in an irregular union reaches a noteworthy stability through a public bond — and is characterized by deep affection, responsibility towards the children and the ability to overcome trials — this can be seen as an opportunity, where possible, to lead the couple to celebrating the Sacrament of Matrimony.
In the following “ab initio” must refer to a first marriage attempt:
Formerly it was thought that "either every attack on the fidelity of the marriage was necessarily culpable, or if the person had truly acted unknowingly, this meant without fail that his sacramental marriage was null “ab initio,” that it had never existed,