WHAT EXACTLY DID THE POPE SAY ABOUT ANNULMENTS?
On the same day that the Guardian published the story mentioned above on the Pope offering "an olive branch to divorcees", Corriere della Sera, the leading Italian newspaper, and Catholic World News published their own reading of the Pope's prepared remarks to the Roman Rota, the basis for this story.
Comparing the three stories, Corriere hazards the most forward interpretation, while CWN has the most conservative. The Guardian story is halfway between the two extremes.
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First, from Corriere della Sera - in translation :
"Faithless" marriages, new rules
A Papal document to authorize grounds for annulment
Benedict XVI is preparing a document to answer the problem of whether to authorize church tribunals to mullify marriages which were contracted “without faith.”
The pope appesred to indicate this when he addressed priests, officials and advocates of the Holy Rota when receiving them at the start of the judicial year. He said he did not intend to address the problem directly “in the present circumstance”.
If indeed this problem is resolved positively, then it would constitute a true revolution. It would allow many situations to be regularized and allow Catholic couples, now in irregular unions, to receive Communion.
The Synodal fathers rhemselves proposed to the Pope last October a pastoral “re-visitation” of canon law to find “new areas of flexibility” in the matter of marriage annulments. It will not be easy for Papa Ratzinger to find the right formula for the anticipated document.
As he emphasized in July to the parish priests of Val d’Aosta, it has to do with resolving “the situation of those who had a Church wedding no being true believers but merely to follow tradition, and who later find themselves in a new state of matrimony – which is non-valid (having had an earlier ‘valid’ marriage in Church) – but who have since found the faith or convert to Catholicism and feel excluded from the Sacraments. “
“On the one hand, “ the Pope told the Rota yesterday, “it seems that the Synodal fathers have invited the church tribunals to work so that the faithful who are not canoically married
may regularize their matrimonial situation as soon as possible and rejoin the Eucharistic rite.”
“On the other hand, canon law and the recent instruction (
Dignitatis Connubii – last document issued by John Paul II) would seem to impose limits to such pastoral initiative, as though the principal concern was simply to follow the prescribed juridical formalities, with the risk of forgetting the pastoral objective of the whole process.”
How to find the middle way? The Pope continued: “Such a formulation places the law and pastoral duty in contraposition…(but) in this first meeting, I prefer to concentrate on that which represents the fundamental point of intersection between law and pastoral duty: love for the truth.”
He then proceeded to urge more speed in processing such cases: “The canonical process of annulling matrimony is an instrument to determine the truth about the conjugal link. Its constitutive purpose is therefore not to unnecessarily complicate the life of those involved, much less to exacerbate litigiousness, but only to do service to the truth.”
The problem on which Benedict XVI will issue what may be a
motu proprio is complicated by the possibility that the tribunals, in acting generously, may encourage even non-Christians to use this channel to get a “Catholic divorce.” Therefore, yesterday, he said that “it would be deceptive to think of this service as available, even implicitly, to Catholics and their non-Christian spouses who find their marriage in dificulty, thus strengthening any tendency to forget the principle of indissolubility of marriage.”
Until his document comes out, however, he advised priests to be very attentive that couples who present themselves for marriage truly have the faith: “Pastoral sensitivity should seek to prevent eventual annulments by being exercised at the start, during the process of admitting couples for matrimony.”
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And here's the report from Catholic World News:
www.cwnews.com/news/viewstory.cfm?recnum=42129
Tribunals should work quickly, defend marriage, Pope says
Vatican, Jan. 30 (CWNews.com) - Pope Benedict XVI underlined the indissolubility of marriage, and rued the fact that "this truth is so often forgotten," as he spoke on January 28 to officials of the Roman Rota.
The Holy Father said that couples seeking annulments of their marriages have a right to a reasonable fast response from Church tribunals. However, he stressed that annulments should be granted only when the evidence indicates that a true marriage never took place. The Pope strongly denied that a "pastoral" approach could overlook the requirements of the Church's legal process.
The work of the Roman Rota is dominated by marital issues, and as he met with the official of the Vatican tribunal in a private audience, at the start of their judicial year, the Pope asked them to adhere carefully to the terms of
Dignitatis Connubii, the Vatican document released in 2005 to guide the work of marriage tribunals.
Pope Benedict acknowledged the lively public discussion of the Church's discipline barring Catholics who are divorced and remarried from receiving the Eucharist. He observed that the Synod of Bishops, meeting last October to discuss the Eucharist, had "called on ecclesiastical courts to make every effort to ensure that members of the faithful not canonically married may, as soon as possible, regularize their domestic situations," and thus be admitted to communion.
But the Pope flatly rejected the idea that the canonical process involved in annulment is merely a matter of "legal formalities." That idea, he said, implies "a supposed conflict between law and pastoral care in general." To counter that notion, Pope Benedict reminded the officials of the Roman Rota that
the purpose of Church tribunals is to arrive at a "declaration of truth by an impartial third party."
Marriage, the Holy Father continued, is an indissoluble contract, "not something of which the spouses can dispose at will." Thus when a couple brings a petition for annulment, the goal of the tribunal must be to determine whether or not, in fact, a valid marriage occurred.
In assessing each case, the Pope continued, the tribunal should be guided by the search for truth. He cautioned strongly against any tendency to compromise the rigor of that search, in a misguided effort to find serve the needs of individuals. "Such attitudes may seem pastoral," the Pope admitted; "but in reality they do not respond to the good of the individuals, or that of the ecclesial community."
As he concluded his remarks, Pope Benedict said that the Church should also be working "to prevent nullity of marriage," by preparing couples more fully for Christian matrimony and by helping married couples to resolve conflicts and form a deeper mutual commitment.
The Pontiff's talk to the Roman Rota followed the same lines as remarks he had given last July, in an informal address to Italian priests with whom he met during his vacation in the Italian Alps. At that time Pope Benedict had acknowledged the complexity involved in many marriage cases, and the pain felt by couples who are unable to receive Communion because of a divorce and remarriage. But he argued that the Church cannot change her discipline without compromising the integrity of marriage.
The Vatican instruction
Dignitatis Connubii, to which the Pope referred in his talk, was prepared as a guide to diocesan tribunals in handling marriage cases. The Pontifical Council for the Interpretation of Legislative Texts released the instruction in response to reports of wide discrepancies between the way annulment petitions were handled in different diocesan tribunals.
The tribunal of the Roman Rota acts as an appeals court in marriage cases (and other canonical proceedings), hearing appeals of judgments that have been rendered by any of the 3,000 canonical tribunals around the world. In 2004 (the last year for which full statistics are available) the Roman Rota received 246 appeals regarding marriage annulments. Of these, 163 came from dioceses in Europe, 73 from the Americas, and 10 from Asia; there were no such appeals from Africa, Australia, or Oceania.
With only 20 judges hearing the cases, an appeal to the Roman Rota can be a time-consuming process; the average case lasts nearly two years. These long processes, however, involve only those cases in which an appeal is sent to the Vatican. The vast majority of annulment petitions are resolved by local diocesan tribunals.