HomeschoolDad:
Which then gets to my second point.
I read it also, but I think we’d still take issue with the idea that “marriage never existed”. We acknowledge that sin can creep into a marriage after it was contracted in good faith, just as sin can corrupt a priest after ordination or a convert after conversion. But it seems this is seldom represented at the marriage tribunal, where the vast majority of applicants receive annulment (correct me if I’m wrong).
And my second point should have implied that a sacramental marriage once existed, but exists no more. Sorry if I didn’t do the best job of bringing that out.
If I’m understanding the tribunal process correctly, it operates in a European-style, codified, “keep probing and digging until you find something, if indeed there is anything that can be found” — kind of like peeling back an onion. Once you find evidence of
ab initio nullity, you’re done, no further investigation is needed. If you don’t find evidence when you’ve peeled back
that layer, then peel back
another one. It’s similar to “symptom-hunting” in medicine, a tactic commonly used when trying to find reasons to give someone a disability check. Back to the tribunal scenario, they only throw up their hands and say “sorry, no annulment for you” when they’ve peeled back all the layers they possibly can, and find nothing. In practice, that doesn’t happen often, hence the high approval rates.
HomeschoolDad:
Might the Orthodox be able to “tweak” its use of economia in these cases, to come to some sort of conclusion that a true sacramental marriage never existed?
@ReaderT also offered some thoughts, with which I agree. I just have a hard time understanding the reasoning behind the idea that it can be determined a sacramental marriage never existed.
Well, it
can be. The question that then begs to be answered is
“why isn’t there enough ‘quality control on the front end’ — to use a business analogy — to ferret out these psychological impediments, immaturities, deficiencies in due discretion, what have you, that would render the marriage invalid in the first place?”. I wouldn’t mind seeing there be a kind of “lay novitiate while living in the world”, or some kind of “scrutinies” similar to RCIA, perhaps a year’s preparation, to determine whether
this particular marriage is a good idea, something that will last, or whether there are problems that, if left undiscovered, will just end up in the divorce court and the marriage tribunal in a few years. But the presumption has always just been that two people can show up, want to get married, and have that happen within a relatively short time. Civil law allows marriage-on-demand with only a very short waiting period, if that much — many places, such as Las Vegas, Gatlinburg, and so on, are legendary for “instant marriages”. Even from a civil standpoint, marriage is much easier to get into, than to get out of, and perhaps that needs some reconsideration also.