Woman Seeks Reform of US and Church Divorce Laws

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This is very sad as I loved their ministry But I support her 100%. Perhaps God can bring great good.

**Ohio woman seeks reform of US divorce law **

Aug. 05 (CNA/CWNews.com) - An Ohio woman filed an appeal this week with a local divorce court in the latest phase of what she sees as a crusade to reform civil and church divorce laws in the US.

Marie ‘Bai’ Macfarlane, wife of a prominent Catholic author who left her and her 4 children in 2003 and began no-fault divorce proceedings, thinks that civil divorce laws fail to take into account the agreement that Catholic parties make before God and the Church in marriage. She also argues that many diocesan policies seem to favor marital abandonment and easy annulments. These, she says hurt spouses who may not want the divorce and help to tear apart families.

Macfarlane said in a recent interview for GodSpy.com that, “No-fault divorce makes people think that a marriage just ‘breaks.’ It makes people think they have no responsibility for repairing or working on their marriage. It’s the idea that if you decide that your marriage isn’t working, or if it’s not giving you the satisfaction you expected, it’s the normal thing—it’s almost the brave or heroic thing—to move along. You can just try again with somebody else.”

Ave Maria School of Law professor Stephen Safranek, who submitted Macfarlane’s appeal, argued that, “The courts need to take into account the religious faith and practices that the couple agreed upon when they married. In this case, the court has allowed the father to place one child in daycare and is preventing the mother from caring for her children even though she is willing to do so. This failure is due to the court taking complete control of the children’s lives through the father.”

“Instead,” he continued, “the court should recognize that the nature of this marriage was such that the mother’s role in the raising of her children was paramount. The court could avoid these problems by acknowledging the role the Catholic Church should play in Catholic marriages. The failure of the courts to recognize the agreement the parties made in a Catholic Church in front of God and a priest in this case not only violates the understanding Marie had when she entered upon this marriage, it necessarily entangles the court in issues relating to Catholic law, teaching, faith and belief.”

Bai Macfarlane has likewise taken her case before the highest ecclesial court in the Catholic Church, the apostolic tribunal of the Roman Rota, where it is currently pending.

“My husband and I didn’t agree to the minimal government marriage,” she added. “We agreed to be under the authority of a third party, the ecclesiastic authority of the Roman Catholic Code of Canon Law.”

“We are obligated”, she said, “to follow the Church’s separation procedures, not the state’s minimum procedures.”

cwnews.com/news/viewstory.cfm?recnum=38852
 
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Brad:
. She also argues that many diocesan policies seem to favor marital abandonment and easy annulments. These, she says hurt spouses who may not want the divorce and help to tear apart families.
Correct.
Because of the change in Catholic teaching from hard to obtain annulments to “easy annulments”, the annulment rate in the USA has gone from about 10 per year in 1930, to about 40,000 or 50,000 today.
 
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stanley123:
Correct.
Because of the change in Catholic teaching from hard to obtain annulments to “easy annulments”, the annulment rate in the USA has gone from about 10 per year in 1930, to about 40,000 or 50,000 today.
Just curious, can you tell me what Church Teachings have changed.
 
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stanley123:
Correct.
Because of the change in Catholic teaching from hard to obtain annulments to “easy annulments”, the annulment rate in the USA has gone from about 10 per year in 1930, to about 40,000 or 50,000 today.
That is terrible.
 
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Brad:
That is terrible.
Yes, if true, I would like to see the statistics.

And while they could be true, he could be taking the statistics either out of context or making them say something that they do not really say.

Reminds me of a joke I heard, granted it is not that good but it fits.

I once knew a statistician who drowned while crossing a river with an average depth of 3 feet.

Sometime to keep in mind, maybe the greater frequency of annullments today could be becasue of the poor catechisis and the poor upbringing of individuals who are getting married. Maybe they are truly not capable of those marriages that they have entered into.
 
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stanley123:
Correct.
Because of the change in Catholic teaching from hard to obtain annulments to “easy annulments”, the annulment rate in the USA has gone from about 10 per year in 1930, to about 40,000 or 50,000 today.
Would the lack of understanding of the word committment and “until death do us part” have anything to do with it? How about the “me” generation?
 
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ByzCath:
Sometime to keep in mind, maybe the greater frequency of annullments today could be becasue of the poor catechisis and the poor upbringing of individuals who are getting married. Maybe they are truly not capable of those marriages that they have entered into.
I agree that is the case. My question then becomes this:

Why is so much Church time and effort put into the annullment process and so little Church time and effort put into ensuring proper catechesis and marital preparation? What is the problem?
 
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ByzCath:
Yes, if true, I would like to see the statistics.

And while they could be true, he could be taking the statistics either out of context or making them say something that they do not really say.
.
These statistics are hard to beleive, aren’t they?
So much so, that you doubt that they are true.
To check them, please go to
  1. The National Catholic Almanac, 1942, Published with Ecclesiastical approval by St. Anthonsy’s Guild.
    Page 499.
    It lists a total of 9 marriages annulled in the year 1930 (Report of the Sacred Roman Rota on Cases Concerning the Validity of marriage.)
  2. For the more recent figures, you can go to the recent Statistical yearbook of the Church. I have in front of me the figures for the 1989 Statistical yearbook, which appeared in the 1992 Catholic almanac. It says that for that year, the US Tribunals issued 61,416 annulments. You can look this up yourself for the more recent years.
    Let me know if you find that what I have reported here is incorrect or not.
 
While I agree that no fault divorce is a problem and that Catholic annulments are becoming too easy, we should not bring Catholic vows into civil divorce. The reason religion is so strong in America (as opposed to say Europe) is that the US never had an established church – the separation of church and state helps both.

Would you be comfortable with Islamic law deciding family issues? How about mixed marriages?

I would support however, the ability of people to choose a higher level of marriage (covanent marriages for example) that make divorce more difficult.
 
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ByzCath:
Just curious, can you tell me what Church Teachings have changed.
Yes.
The Catholic teaching on what constitutes grounds for granting an annulment has changed.
For example, in 1930, spending time working out in a gym would not be a valid reason for granting an annulment, whereas today it can be used to support an annulment.
 
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stanley123:
Yes.
The Catholic teaching on what constitutes grounds for granting an annulment has changed.
For example, in 1930, spending time working out in a gym would not be a valid reason for granting an annulment, whereas today it can be used to support an annulment.
An annullment is a decree of nullity - a marriage never existed in the eyes of God.

Some things that would make it null:
  1. deceit going into the marriage
  2. not wanting children
  3. impediments
  4. coercion
to name a few.

Which new ones have been added? or do some of the current behaviors fall into these classes?
 
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buffalo:
An annullment is a decree of nullity - a marriage never existed in the eyes of God.

Some things that would make it null:
  1. deceit going into the marriage
  2. not wanting children
  3. impediments
  4. coercion
to name a few.

Which new ones have been added? or do some of the current behaviors fall into these classes?
I think the point is that those presiding over annullment hearings have become more lenient. For example, working out in the gym too much could mean the husband was deceitful when saying he wanted to spend all his time with her prior to marriage.
 
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buffalo:
An annullment is a decree of nullity - a marriage never existed in the eyes of God.

Some things that would make it null:
  1. deceit going into the marriage
  2. not wanting children
  3. impediments
  4. coercion
to name a few.

Which new ones have been added?
Here are a few more:
*Reasons for annulment listed in Judging Invalidity ©2002, * By Fr. Lawrence G. Wrenn
The petitioner’s mother always resented her. The mother was unreasonably strict and hypercritical. (P. 18)
The petitioner’s motive for marrying was to get back at his overly protective mother. (P. 25)
The petitioner said that at the time of marrying there was bombing all around her and she was confused. (P. 31)
The petitioner was overweight, obese, unpopular, lonely, immature, pathetic and extremely self-conscious. (P. 35)
The petitioner was just a little girl on her wedding day and she remembers feeling kind of sad and crying as she drove off on her brief honeymoon. The psychiatric expert observed that she was emotionally impoverished in terms of her own needs being met throughout her childhood. (P. 39)
She was like a robot, like in a daze, mummified, just numb, in a fog. (P. 45)
About a month before the wedding he drove his mother to a family reunion, leaving her all alone to make preparations for the wedding. (48)
The psychiatric expert described the respondent as porcupinish. He didn’t want people near him; surprises he liked even less. It was noted in the proceedings, however, that he was in love with another woman. (P. 53)
Witnesses regarded the respondent as resentful, jealous, inconsiderate, self-centered, unethical, immature, irresponsible, heartless, disagreeable and even delusional. (P. 58)
The respondent was described by witnesses as paying little or no attention to domestic chores and the house was a mess. (P. 61)
The respondent’s problems began early in life; his father drank to excess and was not a steady worker, while his mother was always very protective of him, assuring him that he was a good boy but that other people were not always nice to him. (P. 73)
 
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stanley123:
Yes.
The Catholic teaching on what constitutes grounds for granting an annulment has changed.
For example, in 1930, spending time working out in a gym would not be a valid reason for granting an annulment, whereas today it can be used to support an annulment.
Your opinion is not the facts I am looking for.

Please point to the Church Teachings, with actual Church Documents, that show that Church Teachings in this regard have changed.
 
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stanley123:
These statistics are hard to beleive, aren’t they?
So much so, that you doubt that they are true.
No, I do not doubt that they are true, I doubt your application of them.
 
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stanley123:
Here are a few more:
**Reasons for annulment listed in *Judging Invalidity **©2002, * By Fr. Lawrence G. Wrenn
Not a Magisteral Document. This is a book published by the Canon Law Society of America. So it is written by a Canon Lawyer for use by Canon Lawyers is putting together a case for an annullment.
 
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ByzCath:
Not a Magisteral Document. This is a book published by the Canon Law Society of America. So it is written by a Canon Lawyer for use by Canon Lawyers is putting together a case for an annullment.
As a lawyer (though not canon lawyer), I would say that the statute has not changed, but the common law interpreting teh statute has changed.

Or to put it another way, the law is the same, it is just interpreted much more freely.
 
Brad said:
“My husband and I didn’t agree to the minimal government marriage,” she added. “We agreed to be under the authority of a third party, the ecclesiastic authority of the Roman Catholic Code of Canon Law.”

“We are obligated”, she said, “to follow the Church’s separation procedures, not the state’s minimum procedures.”

I don’t see how she has any chance with this case, unless she’s got a signed contract that details what they’ve agreed to under the Church. The US courts interpret US law, not Church law, and in the eyes of the government, a marriage and a divorce are legal events.

Does anyone know if there is precedent that says otherwise?

Pete
 
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ByzCath:
Not a Magisteral Document. This is a book published by the Canon Law Society of America. So it is written by a Canon Lawyer for use by Canon Lawyers is putting together a case for an annullment.
According to an article by Sheryl Temaat, Judging invalidity the American way, :
**"**Fr. Lawrence G. Wrenn, a canonist with the Hartford, Connecticut, diocesan tribunal, is considered the leading expert today among diocesan tribunalists on how to apply the teachings of Vatican II to the annulment process. His books are published by the Canon Law Society of America. Three notable ones are: Decisions, 1983; The Invalid Marriage, 1998; and Judging Invalidity, 2002. A canon lawyer with whom I spoke told me that these books by Fr. Wrenn are used as textbooks in university canon law courses. "
The reasons given for supporting an annulment today have been changed from what they were in 1930.
These annulments handed down by US Tribunals are recognised in every Catholic Church in the world.
 
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Pete2:
I don’t see how she has any chance with this case, unless she’s got a signed contract that details what they’ve agreed to under the Church. The US courts interpret US law, not Church law, and in the eyes of the government, a marriage and a divorce are legal events.

Does anyone know if there is precedent that says otherwise?

Pete
I agree with you – I do not want US courts interpreting Catholic Canon law.

The only argument she could have is that marriage is a contract, and that the terms of the contract were based on Catholic law.
 
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