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Pope Warns Church Courts About Marriage Rulings
Pope Warns Church Courts About Marriage RulingsTribunals Not Above Temptations in Annulment Cases, He Says
VATICAN CITY, JAN. 30, 2005 (Zenit.org).- John Paul II warned against the temptation, which can also entice ecclesiastical judges, to consider failed marriages as automatically invalid.
The Pope gave this warning Saturday when he received in audience the judges and lawyers of the Roman Rota, the Church's central appellate court.
The greatest number of appeals are petitions for the declaration of nullity of the marriage. The Catholic Church, while holding that marriage is indissoluble and therefore excluding the possibility of divorce, recognizes that in certain situations the celebration of a marriage is invalid. Such cases include weddings that took place under threats.
In his address, the Holy Father spoke about the "moral dimension" of all those involved in the ecclesiastical juridical processes, which as in the case of civil ones, might be influenced by "individual or collective interests," inducing "the parties to take recourse to forms of falsehood or even corruption."
Such pressures might be aimed to obtaining "a favorable decision," namely, that the ecclesiastical courts declare the nullity of the marriage, the Pope said.
"From this risk, not even canonical processes are exempt, in which an effort is made to know the truth about the existence or nonexistence of a marriage," he noted.
"In the name of alleged pastoral needs, voices have been raised to propose that unions that have totally failed be declared invalid. To obtain this result it is suggested that recourse be taken to the expedient of maintaining the procedural appearances," the Holy Father said.
These proposals or pressures, he stressed, are against "the most elementary principles of the normative and magisterium of the Church."
John Paul II in particular addressed the bishops who name the ecclesiastical judges, and the judges themselves, to remind them that "the deontology of the judge has its inspirational criteria in the love of truth."
"Therefore, he must be convinced first of all that the truth exists," the Pope said. "One must resist fear of the truth, which at times might stem from fear of wounding persons. The truth, which is Christ himself, frees us from all forms of compromise with prejudiced lies."
It will be interesting to read the complete Address to the Tribunal of the Roman Rota which should be available any time now...
-- Daniel Hawkenberry (dlm@catholic.org), January 31, 2005
I believe that you are on the side of the truth in this matter Daniel, and that Pope John Paul II knows it as well. He's on your side. Be strong and keep defending the truth.Catholicism means the Cross, without exception. Life is pain. Anyone who says differently is selling something.
-- Emerald (em@cox.net), January 31, 2005.
Anyone who says differently is selling something.???? Selling something ....
Today , people want to divorce for tons of idiot reasons !!
Why , in the first place , people want to marry ??
Salute & Cheers from a NON BELIEVER:
-- Laurent LUG (.@...), January 31, 2005.
"Such pressures might be aimed to obtaining "a favorable decision," namely, that the ecclesiastical courts declare the nullity of the marriage, the Pope said."Well, no one goes through the annullment process to uphold a marriage. I'm sure many high-profile marriages both past and present were/are not true marriages at all except in name only.
-- GT (nospam@nospam.com), January 31, 2005.
Hi Daniel,I'm looking forward to reading the address as well. Odd, but I've come to look forward to the end of January every year as a regular thing for just this reason.
BTW...My case before the Rota appears to be nearing completion. Am excited for that too.
-- Pat Delaney (patrickrdelaney@yahoo.com), January 31, 2005.
I believe that you are on the side of the truth in this matter Daniel, and that Pope John Paul II knows it as well. He's on your side. Be strong and keep defending the truth.Emerald,
Thanks - Pope John Paul II is well aware in large part due to the lay faithful who persist in opposition to the injustice. This issue, much the same as the sex abuse scandal was and is being brought in to the light by the laity not afraid to oppose those who ignorantly or intentionally compromise Truth for temporal pastoral facade under which injustice is inflicted and evil is provided a foothold within the Church...
-- Daniel Hawkenberry (dlm@catholic.org), January 31, 2005.
Odd, but I've come to look forward to the end of January every year as a regular thing for just this reason.Pat,
Greetings :)
LOL -yes I too look forward to the end of January every year.
I also wonder how the Magisterium will take action that would get quickly to the root of the matter and set things right. The US Bishops seem very quiet on the matter and it would appear still need some prodding. Recent history shows the trend is possibly changing...
-- Daniel Hawkenberry (dlm@catholic.org), January 31, 2005.
You are such a loser GT and such a stupid bigot.I went through the entire process to DEFEND a SACRAMENT you DOLT.
You speak with the authority of a fool and show just as much knowledge and experience. Grow up and dump what you believe because you have spent a lifetime influenced by radical evil feminism and it shows. You have learned little but nothing of value because you are basically a humanist disguised to look like a Catholic but you are not Catholic in what you profess. You are a secularist, get it!
You should be a canonist, you certainly are as bigoted against what the Pope teaches about marriage as are the American Canonists.
Karl
-- Karl (Parkerkajwen@hotmail.com), January 31, 2005.
Karl, from what you say, you "went through" the process. That sounds like you were not the party filing the petition in the first place. Wouldn't you agree that the person initially filing the petition always (or 99% of the time anyway) wants the marriage annulled?What I am saying is that no one submits themselves to an annullment proceeding to see if their marriage is valid, that is not the purpose of the proceeding.
-- GT (nospam@nospam.com), January 31, 2005.
actually, GT, i think if i have it right, karl DID file the petition to the annulment tribunal.he was trying to one up his wife and win her back by showing her how valid their marraige must be, and the whole plan backfired when the tribunal came back with a negative ruling. no doubt it is somewhat because someone who would submit to a tribunal for the sole purpose of showing his wife who is boss might be considered a bit unready for a relationship as demanding as marraige.
-- paul h (dontSendMeMail@notAnAddress.com), February 01, 2005.
paul,I will tell you that I know you are wrong on both the who and the why... I will not tell you the specifics as in my opinion the objective good resulting would not in good measure justify winning an argument at the expense of disparaging an other...
-- Daniel Hawkenberry (dlm@catholic.org), February 01, 2005.
was it pat, then, daniel... it gets hard to keep track of these different tribunal "abuse" stories over time.
-- paul h (dontSendMeMail@notAnAddress.com), February 01, 2005.
Actually, all petitions for declarations of nullity are supposed to be requests that the truth of their marriage be revealed. If they are not, this speaks volumes regarding the relationship of these petitioners with the Truth (the person of Jesus Christ).In my case, I filed the original petition, to find out the truth. Two years later, no decision had been rendered, and I sought guidance from other canonists...canonists that I knew had respect for Rotal Jurisprudence. After determining my marriage was valid, I formally requested my petition be withdrawn.
The first instance tribunal informed me they were going to proceed anyway. I assume that my wife wanted an annulment at that point. Three months later, the first tribunal issued an affirmative decision. I appealed for second instance consideration according to canon law by notifying the first instance tribunal of my appeal and that they were to send the acts of the case to the Rota. This appeal was not honored. Six months later the case was submitted illegally to a U.S. metropolitan tribunal which issued a conforming decision (at light speed).
I appealed this second decision by sending my appeal directly to the Rota. They have accepted the case and suspended both the lower decisions by formal decree. Among the evidence under consideration is documentation on how my first appeal was mishandled. The case is moving forward in the Rota very fast. I expect this may have something to do with the manifest injustices in evidence.
These are simply the facts. I would appreciate any prayers you may have for my children, my wife (a good but bewildered lady) and the judges on the two lower tribunals.
-- Pat Delaney (patrickrdelaney@yahoo.com), February 01, 2005.
Any new references in the news to the 2005 speech or a link to the actual speech (even if still in Italian)? Can't hardly wait.
-- Pat Delaney (patrickrdelaney@yahoo.com), February 01, 2005.
Any new references in the news to the 2005 speech or a link to the actual speech (even if still in Italian)? Can't hardly wait.Pat,
Nothing yet -as soon as I see anything I will post and link on this thread.
Daniel Daniel
-- Daniel Hawkenberry (dlm@catholic.org), February 03, 2005.
"no one submits themselves to an annullment proceeding to see if their marriage is valid, that is not the purpose of the proceeding"I did. It is the purpose. What other purpose could there be?
-- Anne A. (aob@catholic.org), February 03, 2005.
From the National Catholic Reporter:On Tuesday, Feb. 8, the Vatican will release a long-awaited instruction on annulment cases, called Dignitas Connubii, or "The Dignity of Marriage." It's a successor to the 1936 document Provida Mater, which came almost 20 years after the issuance of the 1917 Code of Canon Law. This new instruction likewise comes 22 years after the publication of the 1983 code, and in both cases the purpose is to specify how the procedural sections of the code apply to the handling of annulments.
The document will be issued by the Pontifical Council for the Interpretation of Legislative Texts, which prepared the text in collaboration with other agencies of the Roman Curia. A drafting team has been working on the instruction for several years.
In general, the document, which contains 308 articles, is expected to streamline canonical procedures, aiming to prevent pointless objections and delays. Based on earlier drafts that circulated among experts, many canonists believe the instruction will be helpful.
The document will be presented in a Vatican press conference.
-- Mark (aujus_1066@yahoo.com), February 05, 2005.
And from CWNews...(this is so cool!)Vatican document on marriage tribunals due
Vatican, Feb. 03 (CWNews.com) - The Vatican will soon release a new teaching document on the norms that should govern the work of Church marriage tribunals.
Dignitas Connubii ("The Dignity of Marriage") will explain how ecclesiastical tribunals should handle marriage cases. The document has been prepared by the Pontifical Council for the Interpretation of Legislative Texts, the Vatican's top body for questions of canon law, in collaboration with other Vatican offices.
The new Vatican instruction, entitled Dignitas Connubii, will be released on February 8. It will be presented at a press conference chaired by Cardinal Julian Herranz, the president of the Pontifical Council for Legislative Texts. Also participating in that press conference will be Archbishop Angelo Amato, the secretary of the Congregation for the Doctrine of the Faith; Bishop Valasio de Paolis, the secretary of the tribunal of the Apostolic Signatura; and Msgr. Mgr Antoni Stankiewicz, the dean of the tribunal of the Roman Rota.
On several occasions in recent years, Pope John Paul II (bio - news) has decried the sharp increase in the number of couples seeking marriage annulments. Last January he cautioned the Roman Rota-- the tribunal that handles appeals of marriage cases-- against the presumption that a failed marriage was never a valid sacramental union.
-- Pat Delaney (patrickrdelaney@yahoo.com), February 05, 2005.
Odds are this instruction will be nothing new and as such will be useless. Rome tals and talks and talks but does not walk the walk.I do hope I am wrong. But if it has no severe Canonical consequences to wrongdoings it will be simply B.S..
-- Karl (Parkerkajwen@hotmail.com), February 05, 2005.
Karl,You criticize the Bride of Christ. It was Christ himself who founded the Catholic church. He promised that through His church, the fullness of the Truth would be revealed and safeguarded.
Ultimately, this is Who you are taking on. Despite some similarities in our circumstances...I'm sorry, but I cannot join your perspective. I see great reason to hope that the current abuse of the sacrament of marriage in America will be addressed in the right way so that all catholics will benefit. I intend to be a part of that solution.
All of us are invited by Christ to take up our cross and follow Him. That cross will be offered in myriad ways, ....anxiety, addiction, loneliness, injustice or even outright persecution. Your marriage is a cross that Christ has offered to you personally. It is really between you and Him whether you will embrace it and take it up. He wants you Karl, and all this railing does nothing but build a wall between you and the road to your salvation. Your anger pleases Satan very much.
You can be part of the problem or part of the solution. The choice is yours. Food for thought.
-- Pat Delaney (patrickrdelaney@yahoo.com), February 06, 2005.
The behavior of the Pope, the Bishops and mostCanonists pleases SATAN much more than mine does.These clerics deserve little else but castigation as they have watched this hell for an entire generation and only encouraged it. They ignore constructive offers.
I am not the problem or part of it. I am the problem's victim and I have every right to bitch and moan as I damn well please while my persecution and the persecutions of countless others is ongoing. I have remained faithful to my vows. That is infinitly better than anything this Pope and his Bishops and clerics have done, even if they save a million unborn children.
They speak from both sides of their mouths and that is corruption brother. I have not destroyed truth while I have observed our vows the same cannot be said of the Catholic Clergy. They are leading many to hell.
Sorry, Pat.
-- karl (Parkerkajwen@hotmail.com), February 06, 2005.
This new intructional teaching is going to be huge!!Holy See to issue document on dignity of marriage and annulments
Vatican City, Feb. 04, 2005 (CNA) - The Vatican announced this week the Pontifical Council for Legislative Texts will release a new document entitled “Dignitas connubii” on the dignity of marriage and the question of annulments on Tuesday, February 8.
The document, prepared by the Pontifical Council in collaboration with other Vatican dicasteries, will be presented at a press conference that will be attended by Cardinal Julian Herranz, President of the Council, Archbishop Angelo Amato, Secretary of the Congregation for the Doctrine of the Faith, Archbishop Domenico Sorrentino, Secretary of the Congregation for Divine Worship and the Discipline of the Sacraments, Bishop Valasio de Paolis, the secretary of the tribunal of the Apostolic Signatura; and Msgr. Mgr Antoni Stankiewicz, the dean of the tribunal of the Roman Rota.
The document is a result of the Holy See’s concern for the apparent laxity of some Church tribunals in granting annulments and will be published in two bilingual versions: Latin/Italian and Latin/English.
-- Pat Delaney (patrickrdelaney@yahoo.com), February 07, 2005.
One reason I know it will be huge is from the content of the 2005 Address to the Rota. More details are available now in the release below.Pope reminds annulment officials to seek truth, not expedient solutions
Vatican City, Jan. 31, 2005 (CNA) - On Saturday, in the Vatican, the Holy Father received the dean, prelate auditors, officials, and lawyers of the tribunal of the Roman Rota, the Vatican office which oversees worldwide requests for annulments, for the inauguration of the judicial year. The Holy Father, who traditionally receives the group in late January, reflected this year on the moral dimension of the activity of judges in ecclesiastical tribunals, "especially regarding their duty to abide by the truth about marriage, as it is taught by the Church."
"Individual and collective interests," said the Pope, "can, indeed, induce the parties to resort to various kinds of falsehood and even corruption with the aim of obtaining a favorable sentence.”
There is no immunity from this risk, even for canonical hearings which seek the truth concerning the existence or non-existence of matrimony." John Paul II highlighted the fact that, "in the name of supposed pastoral requirements, some voices have been raised to propose declaring the annulment of unions that have failed completely.”
“To obtain this outcome,” he said, “it has been suggested using expedients to maintain outward procedural appearances, and hide the absence of a true judicial process. In this way, there is a temptation to impose and find proof for a decree of annulment in contrast with the most elementary principles of the Church's norms and Magisterium." The Holy Father went on: "The objective juridical and moral danger of such behavior is clear, and it certainly does not constitute a pastorally valid solution to the problems raised by matrimonial crises." The Pope recalled how in various addresses to the Roman Rota, he had referred to the "essential relationship that its proceedings have with the search for objective truth.”
“Responsibility for this falls,” the Pope said, “in the first place, on bishops, who by divine law are the judges of their communities." Bishops must also "consider the suitability of members of the tribunals ... and assess whether the sentences are in conformity with right doctrine."
The Pope stressed that a judge must be "convinced that the truth exists," he must "resist fear of the truth," and not allow himself to be "conditioned by feelings of false compassion, or by false trends of thought, though they be widespread.”
He knows that unjust sentences never constitute a true pastoral solution, and that the judgment of God on his own actions is what counts over eternity." John Paul II pointed out that a judge must "keep to canonical laws, correctly interpreted," without "separating the laws of the Church from magisterial teachings, as if they belonged to two different spheres of which the first is the only one to have juridically binding force, while the second is merely for guidance and encouragement. Such an approach reveals a positivist mentality."
"One important moment in the search for truth is that of the preliminary investigation and hearing." On this subject, the Pope added that, although prompt judicial proceedings are "a person's right, nonetheless a false rapidity, at the expense of truth, is even more seriously unjust."
-- Pat Delaney (patrickrdelaney@yahoo.com), February 07, 2005.
I rest my case, your honor:http://www.cwnews.com/news/viewstory.cfm?recnum=35112
-- Karl (Parkerkajwen@hotmail.com), February 07, 2005.
Pat,Posting a link to the CWN article you posted:
Vatican document on marriage tribunals due
I have been waiting this new document for quite awhile -can't wait to read it! Also -still awaiting the english translation of the 2005 Rota Address; however, will post the links to the Italian, Spanish, and Portugese for any so inclined:
Pope John Paul II - Address to the Tribunal of the Roman Rota (Italian) - 29 January 2005
Pope John Paul II - Address to the Tribunal of the Roman Rota (Spanish) - 29 January 2005
Pope John Paul II - Address to the Tribunal of the Roman Rota (Portugese) - 29 January 2005
-- Daniel Hawkenberry (dlm@catholic.org), February 08, 2005.
FYI -from a Priest on another forum I frequent. RE Dignitas Connubii
I was at the press conference for the release of the Instruction. There were the inevitable and obvious questions about Communion for divorced and remarried Catholics, about the cost of procedures and one ditz from CNN asking about what happens if the Pope is incapacitated (not really the point of the conference) but... I think a lot of the journalists were mystified by it, frankly. The presentations of the prelates were highly theological and juridical.This instruction follows upon the promulgation of the 1983 Code for the Latin Church. The reason why it took +20 years is that the experience of the last two decades and the body of jurisprudence, together with the changing demands on tribunals in both developed and un developed countries (two distinctly different set of problems) has been drawn up in the instruction.
This was an interdicasterial instruction in its genesis. None of the articles of the instruction change any of the canons of the CIC. Also, it is clearly stated that this is intended to help take officials through the process "as if being lead by the hand" (veluti manuducantur)!
There were some interesting stats. From the 2002 Yearbook we found that there were 56,236 cases for nullity presented. There were 46,092 affirmative judgments. Of those affirmative judgments, of the first instance, 343 were from Africa, 676 from Oceania, 1562 from Asia, 8,855 from Europe and 36,656 from America (all the Americas). Of those from the Americas, 30,968 were from N. America and 5,688 from all of Central and South America.
There were various reasons presented for the great disparity of the numbers of cases from different areas as well as for the great increase of cases in general.
The interventions at the conference also underscored the tremendous responsibility of the bishop in ensuring that the truth of cases is obtained in a reasonable period of time.
-- Daniel Hawkenberry (dlm@catholic.org), February 08, 2005.
Vatican updates rules on marriage annulment
VATICAN CITY - The Vatican today issued the first revised guidebook on marriage annulments in nearly 70 years, but a senior cardinal could not say whether it would stem the soaring number of annulments around the world.
The 111-page guidebook, called Dignitas Connubii (The Dignity of Marriage) is a complex legal code for use by Roman Catholic diocesan tribunals which decide on marriage annulments.
Catholic law bans divorce but allows believers to remarry in the Church if they get an annulment declaring a previous union void. More than 50,000 annulments are granted every year around the world, some two-thirds of them in the United States.
Many Church leaders believe the diocesan tribunals that make most of these decisions grant too many annulments. Critics deride the procedure as a "Catholic divorce" available to those able to pay the legal fees to attain it.
"This code aims to help make it easier for the tribunals to ascertain the truth," Spanish Cardinal Julian Herranz, head of the Pontifical Council for Legislative Texts, told journalists.
Asked about its effect, he said it was too early to say whether the new code book would reduce the number of annulments.
In Church law, an annulment is a ruling that a true marriage never existed. It differs from civil divorce, which is a ruling that acknowledges that a legally registered marriage has failed.
It is usually granted on grounds that one or both of the parties did not have the prerequisites for marriage, such as the psychological capacity to understand the commitment it entails.
It can also be granted if one partner hid something from the other, such as a previous marriage, infertility or impotence.
The new code was produced to include changes in procedures since the Church issued its latest code of Canon Law in 1983.
Many divorced Catholics who remarry outside the Church seek annulments in order to remarry in the Church and continue to be able to receive communion.
The Church says divorced Catholics who remarry outside the Church cannot receive communion because their first marriage is still valid. This point sometimes leads Catholics who remarry without an annulment to drift away from the faith.
Herranz said the Church teaching on this was not changed by the new annulment guidebook.
There are an estimated 8 million divorced and re-married Catholics in the United States alone. Caring for their spiritual needs has long been a subject of debate within the Church.
-- Daniel Hawkenberry (dlm@catholic.org), February 08, 2005.
updated news: PRESENTATION OF INSTRUCTION ABOUT NORMS IN MARRIAGE CASESPRESENTATION OF INSTRUCTION ABOUT NORMS IN MARRIAGE CASES
VATICAN CITY, FEB 8, 2005 (VIS) - This morning in the Holy See Press Office, there was the presentation of "'Dignitas connubii' (Dignity of Marriage), Instruction to be Observed by Diocesan and Interdiocesan Tribunals in Handling Causes of the Nullity of Marriage. The Instruction was prepared by the Pontifical Council for Legislative Texts, with the collaboration of other dicasteries.
Participants included: Cardinal Julian Herranz, president of the Pontifical Council for Legislative Texts, Archbishop Angelo Amato S.D.B., secretary of the Congregation for the Doctrine of the Faith, Archbishop Domenico Sorrentino, secretary of the Congregation for Divine Worship and the Discipline of Sacraments, Bishop Velasio De Paolis C.S., secretary of the Supreme Tribunal of the Apostolic Signatura and Bishop Antoni Stankiewicz, dean of the Tribunal of the Roman Rota.
Cardinal Julian Herranz explained that the Instruction Dignitas connubii aims to offer judges in ecclesial courts "a practical document, a kind of vademecum to use as a ready guide for carrying out their duties in canonical hearings on the nullity of marriage." A similar document, the Instruction "Provida Mater," was published in 1936, relating to the Code of Canon Law of 1917.
Dignitas connubii, said Cardinal Herranz, seeks to facilitate the consultation and application of the 1983 edition of the Code of Canon Law, bringing together all norms referring to the canonical process for nullity of marriage (unlike the CIC where these norms are scattered in different places through the text) and includes the juridical developments that have arisen since the publication of the Code: authentic interpretations of the Pontifical Council for Legislative Texts, answers of the Supreme Tribunal of the Apostolic Signatura, jurisprudence of the Tribunal of the Roman Rota. The Instruction "does not limit itself to repeating the text of the Canons, but contains interpretations, clarifications on the provisions of law, and further provisions on procedures for its implementation."
"This Instruction comes as a confirmation of the need to submit the question of the validity or nullity of the marriage of the faithful to a truly judicial process." At times, said Cardinal Herranz, "simpler" solutions are suggested, which would even solve the problem directly "in the heart of individuals, through the so-called 'nullity of conscience'" in which the Church "has no other role than taking note of the conviction of the spouses themselves concerning the validity or otherwise of their marriage." At other times the hope is expressed "that the Church renounce any form of hearing, leaving these juridical problems in the hands of civil courts."
"On the contrary, the Church reiterates her competency to concern herself with these causes, because on them depend the existence of the marriage" of her faithful, "above all considering that marriage is one of the seven Sacraments instituted by Christ Himself." To ignore this problem would in practice "be tantamount to casting a shadow over the sacramental nature of marriage itself. This would be even more incomprehensible in the current circumstances of confusion on the natural identity of marriage and of the family in certain forms of civil legislation that not only welcome and facilitate divorce but even, in some cases, cast doubt on heterosexuality as an essential aspect of marriage."
In closing, Cardinal Herranz confirmed that in the context of a "divorcist" mentality, "even canonical nullity hearings can easily be misinterpreted, as if they were nothing more than ways to obtain a divorce with the apparent approval of the Church." The difference between annulment and divorce would thus be "purely nominal, and by the skillful manipulation of causes of nullity, all failed marriages would be nullified." By contrast, the Roman Pontiffs "have often expressed the true sense of nullity of marriage, inseparable from the search for truth because the declaration of nullity does not mean dissolving an existing bond, but rather the recognition, in the name of the Church, of the nonexistence of a true marriage right from the beginning. Moreover, the Church favors the validation of nullified marriages when this is possible. John Paul II explained it in these words: 'The spouses themselves must be the first to realize that only in the loyal quest for the truth can they find their true good, without excluding a priori the possible validation of a union that, although it is not yet a sacramental marriage, contains elements of good, for themselves and their children, that should be carefully evaluated in conscience before reaching a different decision'." (Address to the Roman Rota, January 28, 2002).
Also on the subject of the search for truth in hearings on the nullity of marriage, Archbishop Angelo Amato S.D.B. highlighted the fact that article 65, para. 2 of the Instruction states that the judge must urge the parties to a sincere search for the truth. If he does not manage to bring the spouses to validate their marriage and re-establish conjugal life "the judge is to urge the spouses to work together sincerely, putting aside any personal desire and living the truth in charity, in order to arrive at the objective truth, as the very nature of a marriage cause demands."
Bishop De Paolis noted that the "Instruction concerns nearly 800 diocesan or interdiocesan tribunals of the Latin Church that almost exclusively deal with cases of marriage nullity," which "have increased enormously in recent decades, especially in countries of long Christian tradition." He added that, among the causes, are: "widespread secularization which has an erroneous concept of marriage compared to the ideal proposed by the Church; a more precise knowledge of human psychology allowing for a better determination that matrimonial consent was not sufficient, and the fact that "many faithful, having obtained a civil divorce and the possibility to remarry according to civil law, ask for a declaration of nullity because they know that for a Catholic a valid marriage can only be that celebrated according to Church laws."
He then gave some statistics for the year 2002: of the 56,236 ordinary hearings for a declaration of nullity, 46,092 received an affirmative sentence. Of these, 343 were handed out in Africa, 676 in Oceania, 1,562 in Asia, 8,855 in Europe and 36,656 in America, of which 30,968 in North America and 5,688 in Central and South America.
Bishop Antoni Stankiewicz explained that "the just-presented Instruction disciplines in 61 articles (155-216 in Title VII, "Proofs") the instruments, that is, the means of proof in the search for objective truth in matrimonial hearings, placed at the disposition of the parties and of the judge, to allow for the ascertainment of facts alleged by the spouses-parties to the cause, and relevant for the nullity of the contested marriage. Only on the basis of the effectiveness of the results of the means of proof, admitted in the marriage causes, such as the declarations of the parties (art. 177- 182), the documents (art. 183-192), the witnesses (art. 193-202), the experts (art. 203- 213), and the presumptions (art. 214-216) can the judge reach moral certainty on the cause to decide with a confirmatory sentence or decree."
"It is not a question," he said, "of absolute certainty, ... or purely subjective certainty, ... but of moral objective certainty, based objectively on the acts and the results of the proofs. In fact, according to the new norm, 'In order to declare the nullity of marriage there is required in the mind of the judge moral certainty of its nullity (art 247, para 1)'."
Dignitas Connubii is available in the official Latin text with English translation and also in Latin/Italian. It consists of a "Proemium" or Introduction, Preliminary Articles and 15 Titles, most of which are subdivided into Chapters.
OP/INSTRUCTION NULLITY MARRIAGE/HERRANZ VIS 050204 (1280)
-- Daniel Hawkenberry (dlm@catholic.org), February 08, 2005.
More BS, just repackaged.Karl
-- Karl (Parkerkajwen@hotmail.com), February 08, 2005.
It looks like it will restrict much -can't wait to see it.
-- Daniel Hawkenberry (dlm@catholic.org), February 08, 2005.
Karl,Here is a quote from one news story I read:
"One expert who worked on Dignitas Connubii told NCR that the aim of the document was to avoid pointless delays and objections, but at the same time to ensure that the outcome is not automatic, and that a serious judicial process is observed.One example of how Dignitas Connubii tries to avoid a rubber-stamp approach, experts say, comes in article 209, which attempts to limit the tendency of parties to cite minor psychological disturbances that many people experience, such as stress, as grounds for incapacity."
-- Daniel Hawkenberry (dlm@catholic.org), February 08, 2005.
Cardinal Herranz and Archbishop Sorrentino called for a greater pastoral outreach to divorced and civilly remarried Catholics who, because they have not obtained an annulment, may not receive the Eucharist."This certainly must not legitimize divorce nor introduce it surreptitiously, making the annulment process a parallel and masked divorce proceeding," Archbishop Sorrentino said.
However, the archbishop said, the church has an obligation to provide special care to "persons wounded and suffering because of unhappy marriage situations."
Cardinal Herranz said divorced and civilly remarried Catholics "are not excommunicated" nor excluded from the Christian community, although they may not receive the Eucharist as long as "their sin persists and is known in the community where they want to receive."
At the same time, he said, "they can and must participate in the life of the church."
More of the same garbage, I am so glad I stepped away from this Church.
Karl
-- Karl (Parkerkajwen@hotmail.com), February 08, 2005.
Pat,Any idea when and if Dignitas Connubii will be available for public viewing and or download?
-- Daniel Hawkenberry (dlm@catholic.org), February 09, 2005.
Karl,
By know you should know not to believe all that you read in the media -especially media that is but an arm of the USCCB --the source of the news that is disheartening to you --take special note of the source ---> Copyright (c) 2005 Catholic News Service/USCCB. Now compare that news to this news from both CWN and Zenit below -- do you note any differences? I have compared the Catholic News Service to reality many times and noted unique differences! LOL
I am sure you understand that the pastoral perpetrators of the divorce and tribunal mess in the US are still attempting to cling to a false version of pastoral care that contravenes Truth and is in opposition to Church teaching. The crisis in the US is that diocesan bishops hiding behind the USCCB and not doing their jobs in oversight of tribunals. That's the crisis! Is this USCCB skewed news really that surprising? It does not surprise me that this version of 'news' is published by the USCCB apparatus, nor does USCCB propaganda dissuade me from persistently working toward correcting this mess...
Catholic World News
Divorced Catholics Need Pastoral CareVatican, Feb. 08 (CWNews.com) - The Catholic Church needs to develop a strong pastoral approach to people who are divorced, two Vatican officials have argued.
Cardinal Julian Herranz, the president of the Pontifical Council for Legislative Texts-- the Vatican's top body for the interpretation of canon law-- spoke to reporters on February 8 after introducing Dignitas Connubii, the new Vatican instruction on the norms for Church marriage tribunals.
The Spanish cardinal remarked that divorced Catholics are not excommunicated, and "should participate in ecclesial life," even if a subsequent remarriage makes it impossible for them to receive Communion.
-- snip --
Questioned about the ban on reception of the Eucharist by Catholics who are divorced and remarried, Cardinal Herranz said that pastors cannot administer Communion to people who are in "a situation of public and continued sin"-- including those who are living together in an invalid marriage. In such cases, he said, admitting divorced Catholics to Communion would be "harmful to the good of the Church."
Archbishop Domenico Sorrentino, the secretary of the Congregation for Divine Worship, added his own observation that it is "clearly a priority" for pastors to address the needs of Catholics who are "suffering in unhappy marital situations-- sometimes separated and divorced against their wills." The pastoral needs of these Catholics must be addressed with care and with a commitment to justice, he said.
-- snip --
ZENIT News Services
The Divorced Shouldn't Feel Left Out, Says CardinalVATICAN CITY, FEB. 8, 2005 (Zenit.org).- Divorced persons "are not excommunicated" and "they must not feel discriminated against or excluded," says a Vatican official.
Cardinal Julián Herranz, president of the Pontifical Council for the Interpretation of Legislative Texts, made these statements today during a press conference to present "Dignitas Connubii" (The Dignity of Marriage), the new document on marriage annulments.
He reminded his listeners that divorced people who have remarried without an annulment "are deprived of Eucharistic Communion."
This privation takes place while "there is a public and continual situation of sin and the person does nothing to improve his or her situation," the prelate explained.
Yet, Cardinal Herranz was keen on promoting the pastoral care of divorced people and said that they are "fully members of the Church."
Archbishop Domenico Sorrentino, secretary of the Congregation for Divine Worship and the Sacraments, endorsed this proposal.
"We speak correctly of the pastoral care of divorced persons which relates to Christians who live in an irregular situation, but are not excommunicated," he said.
The archbishop added: "It is urgent to assist wounded persons who suffer due to unhappy marital vicissitudes, at times separated and divorced in spite of themselves."
Karl -remember, Satan is one tricky adversary and Faith is your best ally...
-- Daniel Hawkenberry (dlm@catholic.org), February 09, 2005.
One way to stop the "rubber-stamping" of a divorce issue would be to go through the annullment prior to starting divorce proceedings. The current way makes no sense whatever.
-- GT (nospam@nospam.com), February 09, 2005.
Doing so would place the Church in direct contention with the state, since the Church would be declaring null a marriage which the state still recognizes as legally binding. That's why the Church requires that the civil issues be settled before it will address the question of sacramental validity. The fact of divorce has no direct bearing on the determination of sacramental validity. It just clears the legal path so that the Church can approach the question freely without causing unnecessary conflicts with the state.
-- Paul M. (PaulCyp@cox.net), February 09, 2005.
I don't see how anything the Church would or could say in an annullment proceeding would affect a divorce, because we now have no-fault divorce, where neither party has to disclose anything.
-- GT (nospam@nospam.com), February 09, 2005.
Daniel,I expect it will take a bit to disseminate. Look for it on some website within a week or two. A hard copy may be available from Origins first (in about a month).
I agree this is all very good news. As my youngest (aged six) son John Paul likes to say "God is great. God is good. Let us thank him for ...(then fill in the blank...its better if it rhymes)."
-- Pat Delaney (patrickrdelaney@yahoo.com), February 09, 2005.
Pat,Thanks -I will keep a look for it. The English translation is up now for the 2005 Address to the Tribunal of the Roman Rota:
Pope John Paul II - Address to the Tribunal of the Roman Rota (English) - 29 January 2005
-- Daniel Hawkenberry (dlm@catholic.org), February 10, 2005.
Daniel...have you read that speech? It's awesome!
-- Pat Delaney (patrickrdelaney@yahoo.com), February 10, 2005.
Pat,Yup -it is quite good!
-- Daniel Hawkenberry (dlm@catholic.org), February 10, 2005.
---still have not found a free download of Dignitas Connubii; however, just found a site that is selling it already (for those interested).paxbook.com - The Roman Catholic Bookstore
Pontifical Council for Legislative Texts:Dignitas Connubii (latinoinglese)
Instruction to be observed by diocesan and interdiocesan Tribunals in handling causes of the nullity of marriage10febbraio2005, Libreria Editrice Vaticana
Hardcover , 228
Language: English
ISBN: 8820976811
Price: US$ 19.44
-- Daniel Hawkenberry (dlm@catholic.org), February 21, 2005.
Thanks Daniel.karl
-- Karl (Parkerkajwen@hotmail.com), February 21, 2005.
Karl,Thanks. Keep your chin up -to quote one of my favorites -"The Long And Winding Road", Beatles (Lennon, McCartney):
The long and winding road that leads to your door,
Will never disappear, I've seen that road before
It always leads me here, leads me to your door.The wild and windy night the rain washed away,
Has left a pool of tears crying for the day.
Why leave me standing here, let me know the wayMany times I've been alone and many times I've cried
Anyway you'll never know the many ways I've triedAnd still they lead me back to the long and winding road
You left me standing here a long, long time ago
Don't leave me waiting here, lead me to your doorBut still they lead me back to the long and winding road
You left me standing here a long, long time ago
Don't keep me waiting here, lead me to your door
-- Daniel Hawkenberry (dlm@catholic.org), February 22, 2005.