But in your latest post, you apparently misunderstand c. 915 in new ways.
The issue is objective reality and the level of contuminancy and gravity of alleged public scandal. All objectjvely discernable matters even if prudentially so. Clear fodder re Canon 915.
The objective reality (whatever that means - of the soul? of the situation? what? - apparently not the objective reality of the judgment of the Church’s legal system, though…) is not an item listed in the canon. I have used another example elsewhere on CAF to demonstrate this idea: if the modern day Therese of Lisieux walks into a parish and a group of people convince her to wear a rainbow sash, under the pretext it is a celebration of the Noahic covenant, she must be denied Holy Communion.
Another problem is that the prospect of grave scandal in the community is not enough to warrant public denial. Maybe the parish is a very scrupulous one and quite ignorant of ecclesiastical laws… They saw a man drinking water before Mass and think erroneously that he has broken the fast and will commit grave sin by presenting himself for Holy Communion. The pastor knows they will gossip and utter rash judgments about the man, and some might go so far as to violate their own conscience on the matter and do similarly as this man. Grave scandal, but he may not be denied Holy Communion.
The tribunal re marital status has just as meany holes in its process as does discernment by a priest for Sacraments and other means of incorporation.
You are pitting the two against each other and clearly in unjustified awe of one and perjorate the other in a per se fashion that does your intelligence no credit.
Even if it were true that the tribunal system is as flawed as some random priest with no perspective on the petitioner’s case or means of doing solid and objective investigation into the matter, it would not matter: it is the law of the Church. It is as strongly uttered as any negative ecclesiastical precept, and it in fact admits of no exceptions (with the possible exception of conflict marriages, which I do not want to discuss on this thread). The tribunal is exactly what the Church has in place to do the work of “discernment” of the validity of marriages. So long as the law says one is not free to marry due to a prior union, one MUST presume he/she is married (conflict marriages notwithstanding)… The Church has this claim on the baptized and chooses to exercise it over Catholics. Canonical form is similarly obligatory (though, in my opinion, should be done away with).
The Holy Father could indeed change this process and delegate it differently. He has not done so. I challenge you to find such a change in legislation in any of the Holy Father’s extant writings… and indeed, it would be a change in legislation. He would have to destroy Dignitas Connubii, and fundamentally alter the Code’s laws on marriage. He has not done this - he has used a few ambiguous footnotes to suggest… something to do with “the sacraments” which “can” be helpful to DR’s. He knows how to change law - he has in fact done it with regard to tribunals (court of second instance). It is not hard… But it would be, in this case, I submit, an error of the most massive proportions. You will not convince me otherwise.
I dont accept the furious subjective partner objection as per se relevant. Quite apart from his subjectivity if there was any objective merit the priest is still able to adjust his ongoing discernment plan for the couple accordingly. Its per se a tidy plan by PF.
Yes, how tidy. I wonder if you would say the same if you were the pastor confronted by a sincerely repentant individual seeking reconciliation with the person the Church says is in law his/her spouse but whom you are publicly allowing to receive Holy Communion while he/she has contracted civil marriage with someone else (outside the Church!) and you know they are having relations, perhaps even despite the judgment of a tribunal in favor of the prior union.
Not tidy… and an injustice of serious proportions. You are suggesting the bank owner imprison the robber, in place of the court, but in a matter far weightier… Family and the sacraments.
There is more to discuss, Blue, but I am going to clamp down on my earlier resolution only to clarify, not to argue. All the basic points are there.
I will add, though, that the accusation of being “sex obsessed” is nonsensical, as it is the liberal interpreters of AL who want it only to be applied to sex… Not to the abortionist who needs to feed his family. Maybe he is distressed because he doesn’t know what else to do for work… Maybe he is not known well enough to cause scandal by receiving Holy Communion… Etc.