Pope Francis: Divorced Catholics who remarry are not 'excommunicated.'

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A Decree of Nullity is a matter-of-fact.
I have already found this to be one of the more interesting points. Since the marriage that is decreed null was never valid, it is possible the second marriage is, in fact, the valid marriage, and there is no issue of adultery, and thus state of mortal sin. It is one of a few quirks in canon law I have come across.
 
As someone going through the annulment process as a divorced and remarried person, I will tell you, these threads are tough reads.

I, for one, do not want Catholic doctrine to be changed one single bit. What I do want is a much more streamlined annulment process which would go extremely far if the CC wants to truly be more merciful.

It would also help to obtain consistent pastoral ministering. Do priests use the pastoral option today? Yes.

Because it happened to me. This wasn’t years ago, folks. This was one month ago. That’s another topic altogether.

Here’s the thing. 14.5 years ago, my wife of nine months left me. Within a span of six weeks, she set up her new life with her new boyfriend and rolled up over $60,000 in credit card debt, skipped town on our condominium lease (after I moved out), costing me more money. I am probably the only male in my state to actually have an alimony clause in my divorce settlement (I did get some money back, less than 20% of what I had to pay back, yay.)

What’s my point? There are plenty of Catholic divorced and remarried individuals in my position, living in a no-fault state making divorce painfully simple. So, the annulment process is interesting - I actually have no problem with going through the marital history. It was scorchingly painful, however. It also made me realize some of the glaring pieces of evidence that the marriage was radically defective from the beginning.

The process should be streamlined. There should be counseling, perhaps a requirement to attend RCIA. There should be more involvement at the parish level.

The experience should be crystal clear and consistent - as consistent as daily mass readings - in any church in any parish in the world.

Notice - regarding the divorced and remarried - that nothing was mentioned regarding changing church doctrine. I believe - and hope - that Pope Francis and the synod address the process, because there are so many of us wandering in the desert, thirsty for answers.
 
In “Commentary on Matthew” Origen says that several Catholic bishops allowed a second marriage to women whose first husbands were still living.
 
How can it be a matter of fact if later on it can be overturned?
The Decree of Nullity is a matter-of-fact as the result of its mere existence at a given moment. If I were holding an object in my hand it would be a fact. If I later put aside the object, it would no longer be a fact that I am holding the object in my hand.
 
This just begs the question of what Jesus says. We are not Protestants, after all, where we interpret for ourselves, what Jesus says beyond his actual words. A good example of this is your interpretation of Jesus saying, “Too, bad. Life’s hard,” which he did not say.

So, if the Church finds some way to better minister to people who are in these irregular positions, we really have no authority to second guess the direction the Church takes, or to consider Church teaching, canon law, or any discipline a “loophole.” That is just applying a negative label to the action of the Church, which is based in doctrine. It is rhetoric, not substantial argument.
I agree. Reading this thread would leave one to believe that Jesus said “Deny communion to the remarried, except for those remarried with the resources to obtain an annulment.” Jesus said nothing remotely approaching that.
 
The Decree of Nullity is a matter-of-fact as the result of its mere existence at a given moment. If I were holding an object in my hand it would be a fact. If I later put aside the object, it would no longer be a fact that I am holding the object in my hand.
It may have occurred, but it can be overturned and rendered null and void.
 
I agree. Reading this thread would leave one to believe that Jesus said “Deny communion to the remarried, except for those remarried with the resources to obtain an annulment.” Jesus said nothing remotely approaching that.
Did He say to deny communion to those in the state of mortal sin?
He did give the Church the power of the keys.
 
Bear with me as I try to understand this whole process. I wasn’t going to post to this thread but some of the comments by posters on Catholic doctrine are very confusing. I’m trying to understand the logic behind all of this from a theological or God’s perspective.

This is just one of the issues that I find strange about the Catholic Church. The Catholic Church has stated they are there to assist with the progress toward salvation and is concerned about each individual’s salvation or state of their soul. Does Pope Francis current statements nullify that concern?

However, Pope Francis has stated as mentioned by OP, that he wants divorce and remarried people to participate within the Church community. He further stated that they were never excommunicated although I know some people who were divorced and remarried in the 1950’s and where told by their parish priest that they were excommunicated. Which is it?

My understanid that I have is that if Catholics who are divorced and remarried are allowed to participate within the Catholic community, they are still however, not allowed to receive communion. However, my understanding is that Catholics must recieve communion once a year, or they will be in a state of mortal sin. If this is true, then what good does it do to allow Catholic to participate in the Catholic community if they are still living in a state of mortal sin and upon death must spend eternity in hell? Isn’t this deception on the part of the Church? :confused:

Furthermore, I know of cannon lawyer who said that he can get anyone an annulment from the Catholic Church which begs the question if this whole remarriage and divorce and annulment issues has been corrupted? I know as fact, a lawyer who has received two annulments and in no way could they have been invalid. The persons they were married too happened to be very influential people including a one a chief justice of a state supreme court. Becasue they themselves were influential, and the cannon lawyer had a great deal of influence, they were able to get these annulments. Under these circumstances, they manipulated the system. Are these annulments valid because the Church degreed them so? What about God’s take on all this? Does God considered them valid even though they manipulated the system? I won’t go into details on how this was done or the cases themselves, otherwise the parties may be indentified. :eek:

Then you have the account of Jesus, a Jew, who met the Samaritan women, who the Jews considered were their enemies even associated them on the same status as dogs. She was married five times and was shacking up with another guy. Jesus never condemned her but instead offer her life changing water (Holy Spirit) "the water I give them will become in them a spring of water welling up to eternal life…
…The woman said, “I know that Messiah” (called Christ) “is coming. When he comes, he will explain everything to us.”

Then Jesus declared, “I, the one speaking to you—I am he.”

Ask your self this question, How many times did Jesus proclaimed to someone that He was indeed the Messiah in the Gospels? Is divorce and remarriage, the unforgiveable sin?
I know a Protestant professor by the name of Guy Duty that delves into the Middle Eastern culture of the time and is an expert in Koine Greek and refutes the current premise base on the Greek language. Another Protestant theologian David Instone-Brewster on Divorce and Remarriage in the Bible does the same thing.

Another poster mentioned about Basil and some King who was married more than three times but all of his previous wives had died which allowed him the freedom to marry again. right? As their was quite a bit of dicussion on the remarriage which I couldn’t follow since their was no impediment especially if Basil forced the king to marry his first wife.

Finally, what about those Catholic who had divorce and remarried again to another Catholic without getting an annulment. If the partner died without an annulment, is he/she now spending eternity in hell? It’s similar to the question of Catholics who ate meat on Friday and committed a mortal sin. Now it’s okay to eat meat on Friday. So are those people spending eternity in hell or are they yanked out of hell. I know this is a different question but the same premise holds on allowing divorce and remarried Catholic back into the Church but not allowig them to participate in the sacraments of Confession and the Communion.

This has come up because a friend of mine was married in the Lutheran Church to a Catholic. He had a dispensation. They later joined a church of the Carmelite Order. The wife then became Catholic and took the RICA program. They were married for 27 years and she was the lay eucharstic minister at the chruch. She divorced him. He quit going to the Catholic Church. Now she wants to get an annulment and called the church. The receptionists said that was easy, no problem since the Catholic Church doesn’ recognize the sacramental nature of the Lutheran marriage. She even talked to the parish priest! I go what? If they were not considered validly married by the Catholic Church, how can she have been a lay eurcharist minister? How could they have been receiving communion by this priest? Wouldn’t they be living in a state of fornication? How can the Church recognize it in one instance as valid and not in another instance? The receptionist was very cavalier about the whole issue. Just fill out the paper work and in six weeks your annulment will come through. Does God recognize this? Are their offspring now considered illegimate? She went back to the church and is now receiving the sacraments! 🤷

My appolgies on the lenght, I’m just trying to understand the logic and reasoning behind the Catholic Church. It just seems so convoluted and totally illogical. It’s like a gathering of theologians to discuss how many angels can dance on the heard of a pin
 
It may have occurred, but it can be overturned and rendered null and void.
Yes, I know. Nobody even questions that. It is what it is in a given moment of time. And that is a fact. Yes, an appeal is possible to the Roman Rota following the concurrance of the second instance court. If the Roman Rota agrees to hear the appeal, then any decision is final. No further appeal is possible.

I don’t quite understand how this has become an issue.
 
So you accept continuing the ban on communion for all divorced and remarried people except those who have been cheated on by their spouse or have had an annulment?

Ender
Suppose that several years after a valid marriage, the wife abandons the house, works at a strip club, has had an abortion (the child was her husband’s), she has made false and unjustified public accusations against her husband, and she has conspired to kill her husband and take away all his money? She has not been guilty of adultery. Assuming the marriage was valid from the start, should the husband be granted a divorce and allowed to remarry?
 
Suppose that several years after a valid marriage, the wife abandons the house, works at a strip club, has had an abortion (the child was her husband’s), she has made false and unjustified public accusations against her husband, and she has conspired to kill her husband and take away all his money? She has not been guilty of adultery. Assuming the marriage was valid from the start, should the husband be granted a divorce and allowed to remarry?
Sure, the husband would be granted a divorce, and he would be allowed to remarry. Just not in the Church.
 
Sure, the husband would be granted a divorce, and he would be allowed to remarry. Just not in the Church.
He would most likely be allowed to remarry after a penance in the Orthodox Church, which has historically allowed for divorce and remarriage in certain restricted circumstances. I don’t see where the Catholic Church objected to the practice of the Orthodox Church in the various Catholic Church councils, such as the Council of Lyons, the Council of Florence, the Council of Trent.
 
Perhaps the Mods if they see fit may want to move my post

http://forums.catholic-questions.org/showpost.php?p=13194545&postcount=146

to another section on this site since it is long and I am having difficulty understanding this topic on the Catholic doctrine of divorce and remarriage with regards to Pope Francis announcement.

Also as a continuation of the prior post because I ran out of time and could not edit. I wanted to add this to my post

In Revelation 2:6, 14-15 you have Christ’s stern warning concerning the Nicolaitans to the Church at Ephesus, Nicolas was deacon who became an apostate because he could not be continent even though married to a beautiful wife. Abstience regarding sexual relations between married people was promoted as a higher spiritual practice in the churches of the East. So Nicolas became an apostate and started his own church which reverted into sexual immorality allowing members to have sexual relations with his wife.The Panarion of Epiphanius of Salamis: Book I
 
This concerns the Sacrament of Marriage. A valid Catholic marriage is a sacramental marriage. The valid first marriage of a divorced and remarried Catholic is putative absent a decree of Nullity. In this case, the second marriage is presumed an adulterous relationship, and therefore the Church does not (usually) permit such an individual to receive communion.

As a canon lawyer, you of course would know that it is not the second marriage itself that is the objection. Catholic teaching is that a person in the state of mortal sin should not receive communion, and this is what is important. It certainly concerns the Sacrament of Marriage. When a state of mortal sin is no longer the case, there are provisions that allow a divorced and remarried Catholic to return to the sacraments.
Thanks for the response. I am confused by your statement “a valid first marriage of a divorced and remarried Catholic is putative absent a decree of nullity.” It seems you are using “putative” in a way different from canon law, which defines a “putative” marriage as an invalid one, entered into in good faith by at least one Party (c. 1061.3).

Also, not all “Catholic marriages” are sacramental–a Catholic marries a Jew, in accord with canonical form, let’s say. It’s a Catholic, non-sacramental marriage. If that Catholic divorces/remarries, he will be unable to receive Communion.

As a canon lawyer…I don’t see how the “second marriage itself” is not the objection.

I’m more confused.

Dan
 
…Does Pope Francis current statements nullify that concern?

However, Pope Francis has stated as mentioned by OP, that he wants divorce and remarried people to participate within the Church community. He further stated that they were never excommunicated although I know some people who were divorced and remarried in the 1950’s and where told by their parish priest that they were excommunicated. Which is it?

…However, my understanding is that Catholics must recieve communion once a year, or they will be in a state of mortal sin. If this is true, then what good does it do to allow Catholic to participate in the Catholic community if they are still living in a state of mortal sin and upon death must spend eternity in hell? Isn’t this deception on the part of the Church? :confused:

Furthermore, I know of cannon lawyer who said that he can get anyone an annulment from the Catholic Church which begs the question if this whole remarriage and divorce and annulment issues has been corrupted? … Are these annulments valid because the Church degreed them so? What about God’s take on all this? Does God considered them valid even though they manipulated the system?

Is divorce and remarriage, the unforgiveable sin?

Finally, what about those Catholic who had divorce and remarried again to another Catholic without getting an annulment. If the partner died without an annulment, is he/she now spending eternity in hell? …the same premise holds on allowing divorce and remarried Catholic back into the Church but not allowig them to participate in the sacraments of Confession and the Communion.

…The receptionist was very cavalier about the whole issue. Just fill out the paper work and in six weeks your annulment will come through. … Are their offspring now considered illegimate?

Hello,

I don’t think the Pope has ever said that divorced/remarried Catholics “were never excommunicated.” He said that they *are *not. At one time, a Catholic who attempted to marry “outside of the Church” was excommunicated. In some places, a Catholic who was married but then divorced and “remarried” was excommunicated. Those penalties are no longer operative. His comments do not nullify the Church’s concern for the salvation of souls.

Not fulfilling the command to receive Communion at least once a year does not necessarily result in a mortal sin.

A canon lawyer should never say what you recounted. To balance things out, this canon lawyer will say that I have no ability to get everyone an annulment. Are some cases wrongly decided? I suppose. What is “God’s take” on this? I will not presume to speak for Him.

Divorce/remarriage is as “unforgivable” as any serious sin which is not repented. People who are in this situation are, in fact, able to receive the Sacraments in certain circumstances, the most important of which is their repentance and firm resolution to amend their lives.

I don’t know who is in hell. Those who are divorced/remarried are not prohibited from receiving “last rites” when it is understood that they have amended their life and will avoid sin. Obviously, sometimes it is impossible for them to commit any sin against the 6th Commandment…

Based on what you said, it seems the receptionist was both wrong and cavalier. Don’t base anything on what an individual receptionist said. Legitimacy is defined by law. According to the law, a declaration of nullity has no effect on legitimacy.

Dan
 
I have already found this to be one of the more interesting points. Since the marriage that is decreed null was never valid, it is possible the second marriage is, in fact, the valid marriage, and there is no issue of adultery, and thus state of mortal sin. It is one of a few quirks in canon law I have come across.
So are you saying that a marriage performed by a justice-of-the-peace may be valid for two Catholics? It seems like you’re missing the key word “sacramentally” here.
 
This just begs the question of what Jesus says. We are not Protestants, after all, where we interpret for ourselves, what Jesus says beyond his actual words. A good example of this is your interpretation of Jesus saying, “Too, bad. Life’s hard,” which he did not say.
It’s called paraphrasing.

Jesus words on the subject are still incredibly clear though.

Divorce and remarriage equals adultury and it’s bad. He never says anything about any special legal rules to override that (and was on fact getting rid of special legal rules). And the apostles do tell Jesus that his words are hard and his response to that doesnt make it any easier.
 
Did He say to deny communion to those in the state of mortal sin?
He did give the Church the power of the keys.
He did not say to deny communion to anyone. The Church has decided that denying communion is appropriate in this kind of case, and the Church can now decide that it is not.
 
Thanks for the response. I am confused by your statement “a valid first marriage of a divorced and remarried Catholic is putative absent a decree of nullity.” It seems you are using “putative” in a way different from canon law, which defines a “putative” marriage as an invalid one, entered into in good faith by at least one Party (c. 1061.3).

Also, not all “Catholic marriages” are sacramental–a Catholic marries a Jew, in accord with canonical form, let’s say. It’s a Catholic, non-sacramental marriage. If that Catholic divorces/remarries, he will be unable to receive Communion.

As a canon lawyer…I don’t see how the “second marriage itself” is not the objection.

I’m more confused.

Dan
Dan–

Thanks for your response. Yes, the word ‘putative’ was misused. What I meant to say was a first marriage that results in a Decree of Nullity is only apparently valid and is in that sense ‘putative’ (i.e., apparently valid but later found invalid by a tribunal). The sentence should have read this way: “The apparently valid first marriage of a divorced and remarried Catholic is putative (i.e., only apparently valid) absent a Decree of Nullity.” The context of the sententence assumes that a Decree of Nullity would be granted if the marriage case were heard by a marriage tribunal. It is in that sense that adultery is only presumed. I know the Church views Catholic marriages as valid until such time a marriage tribunal issues a Decree of Nullity. However, a Decree of Nullity means that a valid marriage never existed. And, quite frankly, this is not so because of the Decree of Nullity. The marriage was never valid. But you are technically correct in several ways.

Yes, I realize that not all Catholic marriages are sacramental for both parties. Absent a dispensation, it is the marriage of a Catholic to a non-baptized person that would be ‘punitive’ and without impediment. But this is too technical. I was referring to those marriages that would require a Decree of Nullity to be found invalid. I think a main point of my comment was that if one looks at a situation in a general way, where all of this is known if not made explicit, then it is more easily understood. When the Church says that divorced and remarried Catholics whose marriages have not been annulled may not receive communion, it seems to me that the Church presumes Catholics will understand what is said in a general way without the necessity of explaining the matter-of-fact details of canon law and Catholic teaching about both marriage and marriage dissolution. I am pretty confident this is so.

It seems clear to me that with respect to divorced and remarried Catholics who have not obtained an annulment receiving communion, it is the Sacrament of Marriage that is the issue and not the second marriage. The Church even has provisions where such a Catholic can indeed receive communion. This concerns the Sacrament of Marriage, conjugal relations and adultery. The second marriage itself is not technically relevant.

But since you are a canon lawyer, I have a question. (There is no need to perhaps feel defensive. The question is non-judgmental and there are sincere reasons why I ask.) It might seem at first to stray from the topic, but it surely does not. Only the approved Latin text of the 1983 code of Canon Law has force of law. The many tranlations into the vernacular do not. I studied enough Latin in high school and college to know that translation from Latin to English is often awkward, and the Latin meaning is easily mistranslated and sometimes the meaning is rendered into its direct opposite. A marriage case is heard much like a trial. So, how many members of U.S. marriage tribunals, many of whom are lay persons, would have even read and understood the actual text of canon law that has force of law? Is the Latin text, the only text that has force of law, even used by U.S. marriage tribunals?
 
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