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

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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.
The Church did not “decide” to deny people communion when they are in a state of sin. It’s not a “tradition” when you find it in the Bible.

It also really isn’t “denial”. It’s the responsibility of our leaders to not lead people into sin. So, in reality, “denying” somebody communion who’s in a state of mortal sin IS a mercy in and of itself, as you’re keeping somebody from more mortal sin.
 
The Church did not “decide” to deny people communion when they are in a state of sin. It’s not a “tradition” when you find it in the Bible.

It also really isn’t “denial”. It’s the responsibility of our leaders to not lead people into sin. So, in reality, “denying” somebody communion who’s in a state of mortal sin IS a mercy in and of itself, as you’re keeping somebody from more mortal sin.
Where in the Bible does it state that the remarried are to be denied communion? (It doesn’t.) For that matter, where in the Bible is annulment addressed? (Again, its not.)

These are practices developed over the centuries by the Church. They should not be lightly changed, but they can be changed. If they could not, why is the Church even discussing it?
 
Where in the Bible does it state that the remarried are to be denied communion? (It doesn’t.) For that matter, where in the Bible is annulment addressed? (Again, its not.)

These are practices developed over the centuries by the Church. They should not be lightly changed, but they can be changed. If they could not, why is the Church even discussing it?
It depends on how you interpret St. Paul’s caution against receiving unworthily. How can the Church suddenly change someone living in an adulterous state to now be worthy of receiving? If you are arguing it can, then prepare for some adverse reaction. Not threatening but just sayin…
 

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. …
Hello,

In those cases where a Catholics in a “second marriage” are allowed to receive Communion, it is only because they have indicated to the pastor that their subjective state (free from mortal sin) does not correspond to the objective reality (adultery) and there is no possibility of scandal arising from their reception of Communion. I guess I would just say that it is the confluence of a (presumably) valid first marriage and the objective reality of a second union that results in “public and permanent adultery” (Catechism, n. 2384). There can be no adultery without the second union.

Understanding of Latin: well, of course there are few people who obtain a degree in canon law who are also true scholars of Latin. Nevertheless, part of the canon law curriculum includes at least 2 years of Latin so that the students are able to make basic sense out of the canons in the Code. The Latin used therein is not that complicated and as long as the students are also made aware of the meaning of any technical terminology, they should be ok… Tribunal personnel who have an essential role in the outcome of a case (i.e., Judges, Defenders) are to be degreed in canon law. Secretaries and so on…they usually don’t know Latin, have no degree in canon law and don’t deal with the merits of the case.

In day-to-day tribunal work, there is not a lot of reference to Latin texts…at least in my experience.

Dan
 
Where in the Bible does it state that the remarried are to be denied communion? (It doesn’t.) For that matter, where in the Bible is annulment addressed? (Again, its not.)
*Whoever, therefore, eats the bread or drinks the cup of the Lord in an unworthy manner will be answerable for the body and blood of the Lord. Examine yourselves, and only then eat of the bread and drink of the cup. *For all who eat and drink without discerning the body, eat and drink judgment against themselves. (I Cor 11:27-29)
These are practices developed over the centuries by the Church. They should not be lightly changed, but they can be changed. If they could not, why is the Church even discussing it?
This is not a practice. Not eating fish on Friday was a practice instituted by the church and changeable by the church. The prohibition against receiving communion while in a state of grave sin is a doctrine that has been enforced from the very beginning of her existence. Although not declared as infallible it has surely been taught infallibly, and can never be changed.*These things I say to you that receive, and to you that minister. For it is necessary to address myself to you also, that you may with much care distribute the gifts there. There is no small punishment for you, if being conscious of any wickedness in any man, you allow him to partake of this table. “His blood shall be required at your hands.” *(St. John Chrysostom, c 400)
Ender
 
I hate to bring it up, but if you’re using Protestant concordances then you’re dealing with at best a 500 year old interpretation.

Are you really trying to tell me that it took 1500 years for Christians to do a face palm and “of COURSE if your hubby or wife cheated on you, you can divorce and remarry, no worry, Jesus said so”. . .

Then how come in the records we have, whether it was a king, or a nobleman, or Piers Plowman and Wat Tyler, if a wife was unchaste she was either executed (in which case a subsequent marriage was fine because the man was now a widower) or else imprisoned or ‘sent to a convent’ and a decree of nullity was sought (not for the adultery, but rather for things like too near relationship to the husband, or had not fully consented, or had a 'previous relationship BEFORE the marriage and therefore COULD NOT LAWFULLY MARRY, instead of saying, “looky, she cheated, we’re done, I’m outta here with wife #2?”)

If ‘fornication’ or ‘adultery’ by one of the spouses were grounds for divorce and subsequent remarriage by the injured party, why don’t we find consistent records of this being engaged in by Christians? Instead, we see that the ‘injured party’ could NOT simply ‘divorce’ and remarry due to the ‘unchastity’ of the other spouse.
:clapping:
 
I hate to bring it up, but if you’re using Protestant concordances then you’re dealing with at best a 500 year old interpretation.
I also use Protestant news sources, dictionaries, gardening tips, hammers and saws. Lexicons are not about interpretation, and all disagreement at that level is scholarly, not theological. So, if this is not an accurate representation of the possible* literal* meaning of this Greek word, then it should be no effort at all for you or Phil to show where this word has another literal meaning from a Catholic scholar. This may seem like a minor distinction, whether we look at this word literally or dynamically, but on such distinctions theology is built.

I really would be interested in seeing such a thing. I tried to find it before I came to the link, which I only used because it is recognized, like Merriam-Webster.

Again, the point is what the literal meaning of the word is, not what Jesus meant by using it (interpretation). Of course I accept the authority of the Church to interpret the Bible. However, I detest hypocrisy in myself and know that I was quite gung ho for the new*, more literal* translation of the Mass.
 
Hello,

Understanding of Latin: well, of course there are few people who obtain a degree in canon law who are also true scholars of Latin. Nevertheless, part of the canon law curriculum includes at least 2 years of Latin so that the students are able to make basic sense out of the canons in the Code. The Latin used therein is not that complicated and as long as the students are also made aware of the meaning of any technical terminology, they should be ok… Tribunal personnel who have an essential role in the outcome of a case (i.e., Judges, Defenders) are to be degreed in canon law. Secretaries and so on…they usually don’t know Latin, have no degree in canon law and don’t deal with the merits of the case.

Dan
Thanks again for the reply. I was curious about use of the Latin text as the result of an actual case. A close friend of mind was married in the Church. Both he and his wife were Catholic. After seven years of marriage, his wife left him and obtained a civil divorce. Neither party remarried–or not yet. She then petitioned for a dissolution of the marriage.

My friend and I were longtime confidants from childhood, and he told me at the time he was absolutely convinced his marriage in the Church was valid and that he did not want an annulment. He felt his divorce had been highly emotional and situational as the result of temporary circumstances and declined to participate in the marriage case, as was his right under canon law. The annulment was granted and a Decree of Nullity published.

Several years later, as my friend predicted would happen, he and his wife were reconcilled. When they visited the husband’s parish priest they were read the riot act. There were serious impediments to any future marriage in the Church for the both of them, they were told. At one point, they both got up, and with a nod of the head to each other in agreement, they left. They never returned. My friend told me it was his firm belief his first marriage was valid, and he did not care what total strangers, at that time hundreds of miles distant in his former wife’s then diocese, had judged about his marriage, not when he hadn’t even participated in its hearing. But he began looking at canon law and realized his wife’s diocese did not have jurisdiction to hear the case. He eventually appealed to the Roma Rota but never received a response.

At that time, he showed me the canon. It was very plain and simple. This distant diocese had erred under canon law and clearly did not have jurisdiction. Therefore, it should have been the Decree of Nullity that was invalid. Nevertheless, he and his wife did not remarry in the Church. But remarry they did in a civil ceremony. While they both attend Mass, they do not go forth to receive communion. He has been a devout Catholic since childhood and as an adult a traditional Catholic as well. Part of the reason he did not participate in the marriage case was he believes marriage is indissoluble and that marriage annulments are nonsense. He also believed almost any Catholic marriage could be annulled if a person knew what to tell the tribunal. (Lest this upset anyone, it is noted this is of course is only his belief.) But he is reconcilled to it, though convinced it is the Church that has erred.

In clarification, he originally thought a provision of Canon 1673 was turned around in its English translation. But he soon realized that for another reason the diocese that heard the marriage case clearly did not have jurisdiction. What is more, he could easily provide indisputable proof of it and knew the Roman Rota could dispense with time limits for an appeal when jurisdiction was the issue.

I guess my point is one ought not quickly stereotype divorced and remarried Catholics as as though they were a homogenous group. There are not. In this instance, the difficulty is that a marriage annulment had been granted to the couple. Those unfamiliar with marriage cases and annulments perhaps do not fully realize that it is a legal process under canon law.

My question about Latin involved a concern that members of marriage tribunals might not be familiar enough with the Latin text that is the applicable law. My friend was also correct in his original objection (Can. 1673). It did concern the English translation, but it likely would have been contentious as it concerned an intensive (reflexive) pronoun that could not, in Latin, ever refer back to the subject of a sentence. He showed me several commentaries by canon law specialists that agree with his translation and interpretation. It is more in line with 1917 canon law, the later modification prior to 1983 for the U.S. only not withstanding. Knowing something of Latin, I also concur with his translation.

If one does not know Latin well the sentence in question could easily be misunderstood, in both Latin and its English translation. In this instance, the consequences were enormous, permanently affecting the spiritual life of two Catholics. My friend’s second objection was very simple and straightforward but was never resolved. It is for these and similar reasons that I believe there is more than Church doctrine involved in the larger question of divorced and remarried Catholics receiving communion. And it is not as simple as some would have it.
 
My friend told me it was his firm belief his first marriage was valid, and he did not care what total strangers, at that time hundreds of miles distant in his former wife’s then diocese, had judged about his marriage, not when he hadn’t even participated in its hearing. But he began looking at canon law and realized his wife’s diocese did not have jurisdiction to hear the case. He eventually appealed to the Roma Rota but never received a response.
Not sure how he came to that conclusion. One can petition for a decree of nullity in the diocese where one is living or in the diocese where one was married. If the two spouses live in separate diocese and not in the dioceses where they were married there are 3 possible dioceses where they could petition for a decree of nullity.

I believe in the case where the Tribunal finds that the marriage is indeed invalid, the case is submitted to the Court of Second Instance for review. A second finding of nullity then results in the petitioner receiving a decree of nullity. I know in my friends’ case they were informed of the original finding but warned that it still had to be reviewed. The Court of Second Instance agreed with the original finding.
 
Not sure how he came to that conclusion. One can petition for a decree of nullity in the diocese where one is living or in the diocese where one was married. If the two spouses live in separate diocese and not in the dioceses where they were married there are 3 possible dioceses where they could petition for a decree of nullity.

I believe in the case where the Tribunal finds that the marriage is indeed invalid, the case is submitted to the Court of Second Instance for review. A second finding of nullity then results in the petitioner receiving a decree of nullity. I know in my friends’ case they were informed of the original finding but warned that it still had to be reviewed. The Court of Second Instance agreed with the original finding.
It was my friend’s former wife that petitioned for an annulment while living in a diocese that was 2,000 miles distant from where my friend lived. He had no control over this. He came to the conclusion he did about the annulment because the diocese that heard the marriage case did not have jurisdiction under canon law to hear it. The court of second instance issued the Decree of Nullity. That it did not have jurisdiction was very simple and straightforward, but my friend did not become aware of this fact until several years later, well beyond the short time period in which it could have been appealed to the second instance court.

I perhaps might have noted that the reason my friend and his wife left the meeting with the parish priest was because events that had already been throughly discussed during the marriage case (annulment) were brought up. When indiscretions were mentioned (infidelity) that occured following their divorce that my friend did not know about and absolutely did not want to hear about, it was too much for both of them. This was not a total surprise for him, but to hear it confirmed was emotionally devastating, in particular something that occured immediately after their separation, and they wisely got out of there before permanent damage to their relationship occurred. He had had enough for one lifetime. I think.
 
*Whoever, therefore, eats the bread or drinks the cup of the Lord in an unworthy manner will be answerable for the body and blood of the Lord. Examine yourselves, and only then eat of the bread and drink of the cup. *For all who eat and drink without discerning the body, eat and drink judgment against themselves. (I Cor 11:27-29)
This is not a practice. Not eating fish on Friday was a practice instituted by the church and changeable by the church. The prohibition against receiving communion while in a state of grave sin is a doctrine that has been enforced from the very beginning of her existence. Although not declared as infallible it has surely been taught infallibly, and can never be changed.*These things I say to you that receive, and to you that minister. For it is necessary to address myself to you also, that you may with much care distribute the gifts there. There is no small punishment for you, if being conscious of any wickedness in any man, you allow him to partake of this table. “His blood shall be required at your hands.” *(St. John Chrysostom, c 400)
Ender
The phrase “in an unworthy manner” is the question. Can the Church decide what is an “unworthy manner”? For example, is it true that many women are on the birth control pill and yet receive Holy Communion?
 
It was my friend’s former wife that petitioned for an annulment while living in a diocese that was 2,000 miles distant from where my friend lived. He had no control over this. He came to the conclusion he did about the annulment because the diocese that heard the marriage case did not have jurisdiction under canon law to hear it. The court of second instance issued the Decree of Nullity. That it did not have jurisdiction was very simple and straightforward, but my friend did not become aware of this fact until several years later, well beyond the short time period in which it could have been appealed to the second instance court.
Why did it not have jurisdiction? If she lived in that diocese she had a right to petition for a decree of nullity there.
 
I also use Protestant news sources, dictionaries, gardening tips, hammers and saws. Lexicons are not about interpretation, and all disagreement at that level is scholarly, not theological. So, if this is not an accurate representation of the possible* literal* meaning of this Greek word, then it should be no effort at all for you or Phil to show where this word has another literal meaning from a Catholic scholar. This may seem like a minor distinction, whether we look at this word literally or dynamically, but on such distinctions theology is built.

I really would be interested in seeing such a thing. I tried to find it before I came to the link, which I only used because it is recognized, like Merriam-Webster.

Again, the point is what the literal meaning of the word is, not what Jesus meant by using it (interpretation). Of course I accept the authority of the Church to interpret the Bible. However, I detest hypocrisy in myself and know that I was quite gung ho for the new*, more literal* translation of the Mass.
I also was ‘gung ho’ for the 2011 changes but those were not changes to Scripture or the Church’s interpretation of the Bible.

And I’m curious --wouldn’t the point of the word be what Jesus meant, and not the 'literal meaning"?

If I say, “it’s raining cats and dogs” I am literally saying that creatures are falling from the sky as rain’, but what I MEAN in saying it, is that it is pouring actual real RAIN.

Working as we are from translations to begin with (Jesus was speaking to the Jews and probably spoke Aramaic, not Greek, anyway in this discourse), we do need to rely on the authority of the Church, and what the Church understands, through the guidance of the Holy Spirit, as to what God is communicating to us.

As I noted before, for centuries and centuries Catholics of all stripes obviously, according to records we have regarding various people who wanted to ‘dump their spouse’ for adultery never ONCE came before the local priest, or the bishop, or the Pope, and said, "Well, my spouse cheated on me. Therefore according to Scriptural teaching in Matthew, where Jesus said, “any one who puts away his spouse unless it be for fornication or adultery, and marries again, commits adultery’, since MY spouse did cheat on me, the Church says I may put that spouse away and marry again.”

In fact, in situations where a spouse was accused of cheating (and often these charges were trumped up or outright falsehoods), there was no precedent for the cheated on spouse to divorce and try again. Rather, he (or in very very rare cases she) was permitted divorce ‘ad mensa et thoro’ (if I recall) whereby the parties to the marriage physically separated, but neither spouse was free to marry until the death of the other spouse. OR if there were grounds for the marriage to be annuled (which had nothing to do with fornication or adultery WITHIN THE MARRIAGE ITSELF), for example, if one of the spouses had a ‘precontract’ with another person, then broke that contract to marry the current spouse, and didn’t tell the current spouse that he or she HAD a precontract, that spouse would be considered not free to marry the current spouse because of being ‘contracted’ to another, and thus the marriage would be null. In fact, what occurred throughout Christian history in such cases was exactly like the procedure for annulments up through the early 20th century. The only difference in more modern times is that more people are seeking them due to being better educated, and that a modern psychological understanding of impediments to marriage and lack of capacity for consent are studied today but not known then.
 
Therefore, it should have been the Decree of Nullity that was invalid. Nevertheless, he and his wife did not remarry in the Church. But remarry they did in a civil ceremony. While they both attend Mass, they do not go forth to receive communion. He has been a devout Catholic since childhood and as an adult a traditional Catholic as well. Part of the reason he did not participate in the marriage case was he believes marriage is indissoluble and that marriage annulments are nonsense. He also believed almost any Catholic marriage could be annulled if a person knew what to tell the tribunal. (Lest this upset anyone, it is noted this is of course is only his belief.) But he is reconcilled to it, though convinced it is the Church that has erred.
Cases like this to my mind and sensibilities, seem to typify why the pastoral treatment of divorce/remarriage cases, is critical to the Catholic understanding of the sacrament of marriage in general. Part of this mans difficulty is his overconfidence that no marriage performed as a Catholic ceremony could be invalid or ‘not take’ so to speak. He seems not to be factoring into the equation the nature of Gods grace and the need for mans cooperation in the reception of that grace.
 
As I noted before, for centuries and centuries Catholics of all stripes obviously, according to records we have regarding various people who wanted to ‘dump their spouse’ for adultery never ONCE came before the local priest, or the bishop, or the Pope, and said, "Well, my spouse cheated on me. Therefore according to Scriptural teaching in Matthew, where Jesus said, “any one who puts away his spouse unless it be for fornication or adultery, and marries again, commits adultery’, since MY spouse did cheat on me, the Church says I may put that spouse away and marry again.”.
Not true. In the Eastern Church, which was still Catholic before 1054, there were 14 titles compiled by Patriarch Photius of Constantinople in 883. This collection affirms the indissolubility of marriage while it also provides a list of causes for divorce.
 
She then petitioned for a dissolution of the marriage.
A declaration of nullity is not a dissolution. A dissolution would be, e.g. the Pauline or Petrine Privilege.

A valid, sacramental, consummated marriage cannot be dissolved except by death.
 
Not true. In the Eastern Church, which was still Catholic before 1054, there were 14 titles compiled by Patriarch Photius of Constantinople in 883. This collection affirms the indissolubility of marriage while it also provides a list of causes for divorce.
Tom, could you please provided you sources and explain how those collections are not really reasons for what we call annulment?
 
Why did it not have jurisdiction? If she lived in that diocese she had a right to petition for a decree of nullity there.
Yes, she had that right. This really isn’t off-topic and hopefully won’t be viewed that way. It is a bit technical. There were two reasons. They concern Can. 1673 of the 1983 code of Canon Law. To petition for an annulment, the petition must be filed in one of three dioceses. The former spouse petitioned in her diocese, 2,000 miles away. To have the marriage case heard in the petitioner’s diocese required the consent of the judicial vicar of the resondent’s (husband’s) diocese, in accordance with Can. 1673.4 of the 1983 code of Canon Law. Maybe. The Latin text provides that the Vicar General’s consent is actually the respondent’s consent as provided through his Vicar General. The English text does not read this way and provides only that the Vicar General’s consent is required, but only after he has heard from the respondent. This never happened. Canon law experts are not in agreement about who must provide this consent, but it seemed sufficient for an appeal. There are additional reasons, but it becomes too lengthy for a forum comment. Even the English translation could provide that it is the respondent’s consent that is required. To see this, knowledge of Latin is very helpful. But the husband decided not to use this as grounds for appeal. The husband did later receive correspondence from the petitioner’s diocese asking if he wished to participate in the marriage case, but he was not yet aware that he should have been notified earlier, which would have provided him the option of objecting to the case being heard 2,000 miles from his own diocese. In any event, by the time he received this correspondence, the short time period for doing so had long since expired.

The diocese also could not provide proof that the husband himself was notified of the petition for an annulment, as required within a specific time period. It cannot, and the husband knows why. He has in his possession physical proof. I have seen it. The diocese must be able to prove it had jurisdiction. It absolutely cannot. The husband’s proof came in a document from the diocese that heard the marriage case, and it is this document that revealed the error to the husband. That’s when he decided to base his appeal on this very plain and simple fact. The diocese erred. If the appeal as he presented it were heard by the Roman Rota, it would be very brief. But he never heard back. The error is so evident that a parish priest could correct it within ten seconds, I would imagine.

My concern is that this involves the salvation of souls, and surely errors are made. That they are made is no trivial matter. Well, I did warn this would be technical. Pax.
 
The phrase “in an unworthy manner” is the question. Can the Church decide what is an “unworthy manner”? For example, is it true that many women are on the birth control pill and yet receive Holy Communion?
I think the Catholic Church can and does teach some ways in which one can receive in an unworthy manner, but I not in the Scripture, it is the manner that is unworthy, not the person. The actual passage is definitely dealing only with the manner of reception, namely, it was done flippantly, with lots of eating and drinking. Paul even clarifies this by adding, “not discerning the Lord’s body.”
 
Tom, could you please provided you sources and explain how those collections are not really reasons for what we call annulment?
The book has already been mentioned on this thread. Remaining in the truth of Christ, chapters 3 and 4.
Patriarch Alexius I of Constantinople 1025-1043 allowed the blessing of a second marriag of a woman who sought divorce due to the immoral life of her husband. Earlier Patriarch Photius’ Nomo-canon was approved at the synod of Constantinople in 920. It accepted some possibilities for divorce.
Remaining in the Truth of Christ: Marriage and Communion in the Catholic Church
edited by Robert Dodaro, O.S.A
books.google.com/books?id=9BPMBQAAQBAJ&pg=PT54&lpg=PT54&dq=nomo+canon+photius+divorce&source=bl&ots=Oe7i1t7xwW&sig=kFyYTjCGThqvbRyewDFrTrs9pYI&hl=en&sa=X&ved=0CB4Q6AEwAGoVChMI1fOQrbanxwIVx1yICh0nug95#v=onepage&q=nomo%20canon%20photius%20divorce&f=false
 
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