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The Church has no authority to unbind any sacrament. The Church can investigate and find a sacrament never took place, but they can’t undue anything.Dear Therese,
From what other posters are saying, it sounds like you were probably doomed when you got married 21 years ago without getting the annulment first.
Maybe it’s not legally relevant to the case, but I wonder what the effects of going to his ex-wife after all these years has on her? Is there a basic presumption that it would not be detrimental to her unless proven otherwise? Like I said, it probably doesn’t matter.
Perhaps the archbishop is correct in going by canon law, but that brings up an ironic twist, especially considering some things I learned in other threads. That is, if he is holding you bound, it is because he chooses to, not because the Word of God “requires” him to. If the Church teaches that her authority comes from the incident where Jesus gave Peter the keys to heaven, then if the Church wishes to release you, then you will be released in heaven and you will not be committing adultery. (That assumes, I guess, that from the time she releases you from your shackles to the time you get married into the Church you do live as brother and sister, as another poster suggested.)
Just in case someone thinks what I’m suggesting will devalue Christ’s teachings or God’s commands, I might observe that the Church is (granted she has a right to be) quite selective about which laws and commands she holds bound. For example, in this case she is apparently holding you bound to the commandment against adultery as explained by Christ’s teachings on divorce. What about the commandment against killing? When was the last time someone was held bound in a way that confession could not cure, for being angry with his brother? What about abortion? Abortion supposedly carries the penalty of automatic excommunication, but even a parish priest can waive that penalty and grant forgiveness based on mitigating circumstances.
My point is that it is the Church’s non-infallible decision to hold you bound, in your particular case, whether she justifies it with lots of legaleze or not. Since I have only heard your side of the story, I cannot say whether I agree with her in your particular case. Perhaps the archbishop thinks that you or your husband are being obstinate and uncooperative – I don’t know. What I do know is this: the Church, by her own interpretation of Christ’s teachings, cannot say she is “bound” to hold you bound. It his her decision, made by human beings according to their own wishes. If I’m wrong, then much of what I’ve learned on this forum about Church authority is nonsense or has completely gone over my head.
Alan
If a marriage is vaild, it is valid. The Church has no authority to undue any marriage.