That’s not the point.
If they think they were married to the “wrong” people, they should try to get an annulment, which has been made even easier recently. But what they are doing is (a) in most cases, not even trying to get an annulment; or (b) if it has been denied, they are ignoring the law of the Church and the moral law, since they are still married to the first spouse but have “remarried” to another. So this means that no matter how they feel, they are in a state of sin if they are having sexual relations with this person and have no intention of changing this practice, and thus cannot go to Communion.
The fact is that this is just a wedge issue that Francis and the Germans are using to try to get “gay marriage” into the Church (which will never happen). Several German bishops have already said that the teaching that if one “discerns” that what is essentially a sexual sin is okay for them in their particular situation, then there is no reason to consider active homosexuality a sin and that “gay marriage” should therefore be accepted in the Church.
So I hope this explains a little more about the issue at stake.
oh I hadn’t even thought about the gay marriage thing.......