I think there is a difference between the two cases on the matter of culpability. For example, I don’t think the “lack of consent” item applies the same way. In the case of masturbation, it is my understanding that lack of consent applies only when it is impossible to remove the occasion of sin.
In the case of divorce + remarriage, I think that, if an unmarried couple finds themselves habitually falling into sexual sin, then I think the option remains to remove the occasion of sin by separating.
I do not think any unmarried couple can logically claim to be unable to remove the occasion of sexual sin. Therefore, I do not think they can claim incomplete consent for failing to live as brother and sister. I think that would be the only way to lessen the sin from mortal to venial. Therefore, I do not think their degree of culpability can lessen their sin from mortal to venial.
Ok…So explain this one to me,
Lets say two protestants get married, a couple years later they divorce. They were taught that divorce was ok and remarrying was ok. So the husband remarries and has 10 kids with his new wife. They later come to find the Catholic Church is where the truth of Christ resides and they go through RCIA. Early on they are advised they need an annulment to come into the church. So they apply, but since they believed their first marriage was sacramental, before God, and they divorced because of advice of pastors, they did not get an annulment.
Are you saying it is better for the Father and Mother to separate…divorce and leave the 10 kids in a broken home?
How are they culpable of mortal sin when they were advised specifically that they could remarry.
What happens to these people? Typically they don’t become Catholic…what a shame that is.
Now there is a solution, and I believe it is not changing a single dogma or doctrine.
So, lets run this by with a little setup:
Doctrine: Sex outside of marriage is grave matter
Doctrine: If you divorce your wife and marry another it is adultery
Doctrine: You must be in a state of grace to receive the Eucharist.
For a sin to be mortal, one must have full knowledge and will which the couple in our example did not have. So their remarriage was not a mortal sin. It will be argued that they know now and need to abstain from sex…but in saying this, it impedes on the persons will and consent.
A solution lies in a DISCIPLINE of the Church related, and that is “how one returns to a state of grace” . This is not dogmatically or doctrinally defined. Indeed a study of the early church will show a varied history of the Sacrament of Reconciliation and its parameters. At one point you could only receive the SAcrament one time in your life, at others you had to confess publicly to the assembly. Neither of which are true today.
So could not the discipline of how one returns to a state of grace be changed? I believe it could, and a period of penance, and spiritual direction could suffice for the sin of remarriage that cannot be undone without extreme detriment to the family that has formed under false understandings of marriage.
Just an idea I would like to throw out for discussion.