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After Death Do We Part (Canon Law & Michael Schiavo's 2nd wedding)
Catholic Exchange ^ | February 3, 2006 | Pete Vere

Posted on 02/03/2006 1:16:40 PM PST by NYer

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Pete Vere is a canon lawyer and a Catholic author. He recently co-authored Surprised by Canon Law: 150 Questions Catholics Ask About Canon Law (Servant Books) with Michael Trueman and More Catholic Than the Pope (Our Sunday Visitor) with Patrick Madrid. He lives with his wife and two daughters in Sault Ste. Marie, Canada.
1 posted on 02/03/2006 1:16:42 PM PST by NYer
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To: american colleen; Lady In Blue; Salvation; narses; SMEDLEYBUTLER; redhead; Notwithstanding; ...

Perhaps someone can ping the Terri Schiavo list. Thank you!


2 posted on 02/03/2006 1:17:51 PM PST by NYer (Discover the beauty of the Eastern Catholic Churches - freepmail me for more information.)
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To: NYer
Yes, you read that right. After bringing about the death of his first wife, a Catholic church allowed Michael to attempt a second marriage within its sacred confines.

While I agree that this is ridiculous, how is it any different than having a marriage anulled? Are they not allowing those previously married to get married again?

3 posted on 02/03/2006 1:26:28 PM PST by asformeandformyhouse (Go Steelers!!!)
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To: NYer
Can anyone deny that Jody colluded, at least morally, in this action?

Make that more than morally colluded. She and her mother blocked Terri's family from entering her room and had the gall to sit death watch at her bedside. No, the happy couple will not part at death since they'll both be headed the same direction for eternity.

4 posted on 02/03/2006 1:30:14 PM PST by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: asformeandformyhouse

You cannot get an anulmant on account of having killed someone.


5 posted on 02/03/2006 1:33:02 PM PST by x5452
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To: NYer

Interesting question the title raises.

Do Catholics profess that we are marred in the Kingdom?


6 posted on 02/03/2006 1:33:48 PM PST by x5452
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To: x5452
You cannot get an anulmant on account of having killed someone.

You missed my point.

7 posted on 02/03/2006 1:35:13 PM PST by asformeandformyhouse (Go Steelers!!!)
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To: asformeandformyhouse

Hardly there are bibical reason for allowing remarriage in certain instances.

Murder isn't one of them.


8 posted on 02/03/2006 1:36:47 PM PST by x5452
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To: x5452
Do Catholics profess that we are marred in the Kingdom?

Interesting point. I didn't read the title that way but it could be interpreted to mean just that.

9 posted on 02/03/2006 1:37:06 PM PST by asformeandformyhouse (Go Steelers!!!)
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To: x5452
Hardly there are bibical reason for allowing remarriage in certain instances.

Certainly there is: adultry. What else?

10 posted on 02/03/2006 1:38:33 PM PST by asformeandformyhouse (Go Steelers!!!)
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To: asformeandformyhouse

The word in greek isn't adultry it's pornea and it means sexual immorality. There's a wealth of things which could constitute that. In fact Christ didn't even use the common greek word for adultry, which is a different word, he quite specifically used pornea.


11 posted on 02/03/2006 1:43:13 PM PST by x5452
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To: asformeandformyhouse

This situation is different, as Michael and Terri's marriage has been dissolved through her death. Michael is a widower and can marry again according to the Church. The issue is, can he specifically marry Jody in light of the fact that it can be construed that he killed Terri in order to marry Jody.

He is certainly free to marry anyone else.

The issue for a canon lawyer is, I think, as follows. The state does not consider Terri's death a crime. I am of the opinion that Michael did commit a crime, or a series of crimes, that resulted in her death, whatever the legal term is for the method he employed. Many in the Church are of the same opinion. But -- here's the rub -- is the Church prepared to formally and canonically view Michael's actions as a crime even though the secular courts do not?


12 posted on 02/03/2006 1:43:30 PM PST by annalex
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To: asformeandformyhouse

On Orthodox forums I've seen this debated, and there's a pretty even split as to whether clergy bleieve or disbeleive we are and the scriptural evidence isn't conclusive either. I rather hope we do.


13 posted on 02/03/2006 1:44:37 PM PST by x5452
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To: x5452
Christ spoke Aramaic not Greek. However, I can see the 'pornea' argument and will concede that possibility.

But where does 'pornea' even begin to include where someone just gets tired of their spouse and wants a divorce? That is the situation that I often see for anullments here.

14 posted on 02/03/2006 1:45:53 PM PST by asformeandformyhouse (Go Steelers!!!)
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To: NYer; 8mmMauser; floriduh voter; BykrBayb; Aliska

Bump and ping for the Terri List.

Here's the info you were seeking, Aliska. Thanks, NYer!

So, I guess under Canon Law, their marriage isn't exactly legal? If he had been a decent human being, the Church would have granted him an anullment, allowing him to "find another spouse, marry, and have children". Not the other way around.


15 posted on 02/03/2006 1:47:00 PM PST by TheSpottedOwl (As soon as I remember it, I'll type it in....)
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To: x5452
Do Catholics profess that we are marred in the Kingdom?

I don't believe so. I think the teaching goes something like this: Marriage is an institution and a sacrament that has one primary purpose: children. Since the primary purpose and the secondary purposes are satisfied or no longer necessary in heaven, marriage is no longer necessary.

It's been a while since I looked in to this so I may be wrong. If any other RC has additional info, I'd be happy to correct my errors.

16 posted on 02/03/2006 1:49:23 PM PST by conservonator (Pray for those suffering)
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To: asformeandformyhouse
But where does 'pornea' even begin to include where someone just gets tired of their spouse and wants a divorce? That is the situation that I often see for anullments here.

That is an abuse of the annulment process. Yes, it does go on.

SD

17 posted on 02/03/2006 1:49:39 PM PST by SoothingDave
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To: x5452
I rather hope we do.

I always thought the old 'whose wife is she in the resurrection?' question settled that issue, but I'm willing to concede the possibility of it not being completely conclusive. However, I find it hard to believe that Paul would have only 'encouraged' older widows to remain unmarried and for younger widows to remarry if this were the case.

18 posted on 02/03/2006 1:50:16 PM PST by asformeandformyhouse (Go Steelers!!!)
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To: asformeandformyhouse
While I agree that this is ridiculous, how is it any different than having a marriage anulled? Are they not allowing those previously married to get married again?

One whose spouse dies can remarry without any need for an anullment.

One who brings about the death of their spouse in order to marry another is forbidden by Church law to marry.

It's not really the same thing at all.

SD

19 posted on 02/03/2006 1:51:43 PM PST by SoothingDave
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To: SoothingDave
That is an abuse of the annulment process. Yes, it does go on.

Thanks Dave, as always, for a simple, honest answer. I appreciate it.

20 posted on 02/03/2006 1:51:58 PM PST by asformeandformyhouse (Go Steelers!!!)
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