Excommunication for marrying a divorced person?

[Pacific_Buckeye]

If a Catholic whose spouse has died marries a divorced non-catholic in a civil ceremony while awaiting the outcome of annulment proceedings in new spouse’s two previous marriages, is the Catholic now unable to receive communion or unable to participate in liturgy? Is the Catholic worse off to have contracted a civil marriage in the interim than to have awaited annulment while living with this same person?

 

[Bookcat]

If a Catholic whose spouse has died marries a divorced non-catholic in a civil ceremony while awaiting the outcome of annulment proceedings in new spouse’s two previous marriages, is the Catholic now unable to receive communion or unable to participate in liturgy? Is the Catholic worse off to have contracted a civil marriage in the interim than to have awaited annulment while living with this same person?

They are not “excommunicated” …but yes they are committing an objectively grave sin. And they are not able to receive Holy Communion or Confession (see CCC).

They may though attend Mass (and they should…in fact the obligation still remains for them to do so…but of course it is not all about obligation).

They should not do either. “Attempt” to marry or live together.

They should seek to have the Church look into her marriage and until then…know that she is presumed to be a married woman. Thus it would seem to me that they would act accordingly.

 

[Bookcat]

Catechism:

1650 Today there are numerous Catholics in many countries who have recourse to civil divorce and contract new civil unions. In fidelity to the words of Jesus Christ - "Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery"158 The Church maintains that a new union cannot be recognized as valid, if the first marriage was. If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive Eucharistic communion as long as this situation persists. For the same reason, they cannot exercise certain ecclesial responsibilities. Reconciliation through the sacrament of Penance can be granted only to those who have repented for having violated the sign of the covenant and of fidelity to Christ, and who are committed to living in complete continence.

1651 Toward Christians who live in this situation, and who often keep the faith and desire to bring up their children in a Christian manner, priests and the whole community must manifest an attentive solicitude, so that they do not consider themselves separated from the Church, in whose life they can and must participate as baptized persons:

They should be encouraged to listen to the Word of God, to attend the Sacrifice of the Mass, to persevere in prayer, to contribute to works of charity and to community efforts for justice, to bring up their children in the Christian faith, to cultivate the spirit and practice of penance and thus implore, day by day, God’s grace.159

vatican.va/archive/ENG0015/__P55.HTM

 

[nicolep]

Anyone is welcome to participate in the Liturgy. Only a Catholic, in good standing, may receive Holy Communion. A Catholic is required to get married in the Catholic Church unless a dispensation has been given. If the couple is living together, engaging in marital relations and wasn’t married according to form, I’d venture to say the Catholic party is not in good standing and able to receive Holy Communion. Whether it’s “better” to wait for the annulment, well, yes. Waiting to do things properly is always best. That brings up another issue…the two shouldn’t be living together until married. Getting a civil marriage as to not live in sin before getting married in the Church is two wrongs. Two wrongs don’t make a right.

 

[1ke]

is the Catholic now unable to receive communion

Yes

or unable to participate in liturgy?

No, they are expected to attend Mass but refrain from the Eucharist.

Is the Catholic worse off to have contracted a civil marriage in the interim than to have awaited annulment while living with this same person?

The Catholic has added violating a precept of the Church (following the marriage laws of the Church) to their sin of adultery. So, yes, they are committing multiple sins.

Of course, the solution is that these people not live together until and unless they are vaildly married. The decree of nullity might not be granted, after all.

Regarding your title, divorce and remarriage was an excommunicable offense under the 1917 code of canon law. The 1983 code does not retain that penalty, but they are in an objective situation of mortal sin and as such must refrain from the Eucharist.

See here on communion for the divorced and remarried (and this would apply to others in invalid marriages as well).

 

[FrDavid96]

They are not “excommunicated” …but yes they are committing an objectively grave sin. And they are not able to receive Holy Communion or Confession (see CCC).

They may though attend Mass (and they should…in fact the obligation still remains for them to do so…but of course it is not all about obligation).

They should not do either. “Attempt” to marry or live together.

They should seek to have the Church look into her marriage and until then…know that she is presumed to be a married woman. Thus it would seem to me that they would act accordingly.

I’m curious to know why you say they “are not able to [go to] confession?”

The Church certainly says nothing of the sort.

 

[tr1strev]

They are not “excommunicated” …but yes they are committing an objectively grave sin. And they are not able to receive Holy Communion or Confession (see CCC).

I assume you mean UNTIL they go to Confession, not that they can’t go.

 

[blueadept]

I’m curious to know why you say they “are not able to [go to] confession?”

The Church certainly says nothing of the sort.

One main reason to go to confession is to be resolved of your sins. When I was in the confessional 7 years ago in regards to this particular issue, the priest felt that I wasn’t ready to ask my newly non-Catholic wife if we could live like brother and sister until we could get our marital situation resolved in the RCC. He stopped me in mid-stride of my confession and simply gave me a blessing.

Even though I caught off-guard by this, I later came to understand why the priest did what he did. Part of the confession is to agree to avoid whatever leads us to sin. At that point, I truly wasn’t prepared to do that. Fortunately, my wife and I were able to get the marriage blessed in the RCC a year later and I was able to return to all of the sacraments.

 

[blueadept]

I assume you mean UNTIL they go to Confession, not that they can’t go.

You can ALWAYS go but that doesn’t mean that you will automatically absolved of your sins.

I will admit to being in shock when the priest said he wasn’t able to listen any further… and simply gave me a blessing. Needless to say, I was happy once my marital situation was fixed and I could return to the sacraments of the church…

 

[thistle]

If a Catholic whose spouse has died marries a divorced non-catholic in a civil ceremony while awaiting the outcome of annulment proceedings in new spouse’s two previous marriages, is the Catholic now unable to receive communion or unable to participate in liturgy? Is the Catholic worse off to have contracted a civil marriage in the interim than to have awaited annulment while living with this same person?

You are confusing excommunication and not being able to receive Communion.

The Catholic is not excommunicated.
If they are having a sexual relationship then the Catholic is in a state of mortal sin and cannot receive Communion. However, provided they abstain from any sexual relationship until the annulment is granted the Catholic can in the meantime go to Confession so that he/she can start receiving again.

 

[FrDavid96]

One main reason to go to confession is to be resolved of your sins. When I was in the confessional 7 years ago in regards to this particular issue, the priest felt that I wasn’t ready to ask my newly non-Catholic wife if we could live like brother and sister until we could get our marital situation resolved in the RCC. He stopped me in mid-stride of my confession and simply gave me a blessing.

Even though I caught off-guard by this, I later came to understand why the priest did what he did. Part of the confession is to agree to avoid whatever leads us to sin. At that point, I truly wasn’t prepared to do that. Fortunately, my wife and I were able to get the marriage blessed in the RCC a year later and I was able to return to all of the sacraments.

There’s a big difference between “not ready to be absolved” on the one hand–which applies to individual persons and can only be determined on a case-by-case situation either within confession itself, or in the internal forum while discussing this with a priest; and on the other hand, a blanket statement that an entire group of people are prohibited from going to confession.

As to the first, yes, the Church does say this. As to the second, by no means does the Church say that people in this situation are prevented from going to confession. After all, confession is an important element in the whole process of returning to the regular life of the Church; therefore to prohibit confession simply makes no sense. It’s a lot like a hospital putting up a sign that reads “no sick people allowed entry.”

 

[Pacific_Buckeye]

Thanks to all of you for your clarification of our situation. One remaining puzzle. When I spoke of “participating in the liturgy” I was thinking of the Catholic partner, who is a member of the choir and sings the Response solo every few weeks. If this partner chooses to refrain from the Eucharist until the situation is resolved, is it appropriate to continue to participate in the choir and in singing the Response?

 

[Pacific_Buckeye]

I started a new thread for the question about participation in the liturgy, since it seems to be lost at the tag end of this very helpful thread. Thanks.

 

[1ke]

Thanks to all of you for your clarification of our situation. One remaining puzzle. When I spoke of “participating in the liturgy” I was thinking of the Catholic partner, who is a member of the choir and sings the Response solo every few weeks. If this partner chooses to refrain from the Eucharist until the situation is resolved, is it appropriate to continue to participate in the choir and in singing the Response?

This is a question for the priest.

 

[Spirithound]

If a Catholic whose spouse has died marries a divorced non-catholic in a civil ceremony while awaiting the outcome of annulment proceedings in new spouse’s two previous marriages, is the Catholic now unable to receive communion

Unable

or unable to participate in liturgy?

Able

Is the Catholic worse off to have contracted a civil marriage in the interim than to have awaited annulment while living with this same person?

Yes. Contracting a civil marriage entails mockery of a sacrament in addition to fornication.

 

[blueadept]

Thanks to all of you for your clarification of our situation. One remaining puzzle. When I spoke of “participating in the liturgy” I was thinking of the Catholic partner, who is a member of the choir and sings the Response solo every few weeks. If this partner chooses to refrain from the Eucharist until the situation is resolved, is it appropriate to continue to participate in the choir and in singing the Response?

The key point is to talk to the priest in regards to what one can participate in and what the person cannot. For my priest, I could not be a Eucharistic Minister, be part of the LoM or the K of C. I could be a Lector, sing in the choir and be a CCD teacher.
There is something for everyone which is what I believe is important in regards to Parish life. What I found out for myself is that I truly wanted to participate in the other things. The only way I could do that was to fix my marital situation which is what I accomplished and return in full communion with the church. …even if the marriage ended in a civil divorce by her choice due to religious differences. I’m still in full communion as long as I continue to honor my vows regardless.

 

[FrIntervention]

Didn’t Jesus give Judas communion at the Last Supper, knowing full well the sin he committed? Seems a lot worse than being married outside the Church…

 

[FrDavid96]

Didn’t Jesus give Judas communion at the Last Supper, knowing full well the sin he committed? Seems a lot worse than being married outside the Church…

Yes.

And afterwards…

…Judas hanged himself.

 

[SoDakTim]

If a Catholic whose spouse has died marries a divorced non-catholic in a civil ceremony while awaiting the outcome of annulment proceedings in new spouse’s two previous marriages, is the Catholic now unable to receive communion or unable to participate in liturgy? Is the Catholic worse off to have contracted a civil marriage in the interim than to have awaited annulment while living with this same person?

They are not “excommunicated” …but yes they are committing an objectively grave sin. And they are not able to receive Holy Communion or Confession (see CCC).

They may though attend Mass (and they should…in fact the obligation still remains for them to do so…but of course it is not all about obligation).

They should not do either. “Attempt” to marry or live together.

They should seek to have the Church look into her marriage and until then…know that she is presumed to be a married woman. Thus it would seem to me that they would act accordingly.

If a couple marries outside of the Church, they are no longer in communion with the Church. Correct? So although, the Church has not formally “excommunicated” them, have they not “excommunicated” themselves?

 

[Spirithound]

If a couple marries outside of the Church, they are no longer in communion with the Church. Correct? So although, the Church has not formally “excommunicated” them, have they not “excommunicated” themselves?

No. Excommunication only refers to a juridical penalty imposed either latae sententiae or by the proper ecclesiastical authority.

Specifically,
Can. 1331 §1 An excommunicated person is forbidden:
1° to have any ministerial part in the celebration of the Sacrifice of the Eucharist or in any other ceremonies of public worship;
2° to celebrate the sacraments or sacramentals and to receive the sacraments;
3° to exercise any ecclesiastical offices, ministries, functions or acts of governance.

A person in mortal sin is not forbidden from any of these. 1. If a priest is in mortal sin, and he must celebrate Mass, he must make a perfect act of contrition and then do it. 2. A person in mortal sin may still pray with sacramentals. 3. A person in mortal sin may continue to exercise their office and governance.