Posted on 09/08/2015 5:07:28 AM PDT by NYer
Joshua J. McElwee
Vatican City
Pope Francis has substantially and significantly altered the process for those seeking annulments of marriages in the Catholic church, eliminating sometimes lengthy and redundant judicial procedures and empowering local bishops to make judgments on their own in “particularly evident” cases.
The changes -- announced at the Vatican Tuesday with release of two formal documents signed by the pope known as motu proprios -- reflect a decided and new shift in delegating power from the church’s central command to local prelates around the world.
They also may represent the most public difference yet between Francis and his predecessors John Paul II and Benedict XVI, who had widely sought to limit the number of annulments in fear of creating a sort of back-door divorce process for Catholics.
In a short introduction to the new changes, Francis explains that he wanted to balance the church’s timeless worry to provide for the salvation of souls with “the enormous number of faithful that … too often are detached from the juridical structures of the Church at the cause of physical or moral distance.”
“In total harmony with these desires, I have decided to give with this Motu proprio arrangements that do not favor the nullifying of marriages but the promptness of the processes,” states Francis, so that “the heart of the faithful that wait for the clarification of their state may not be oppressed for a long time by the darkness of doubt.”
An annulment in the Catholic church is a decree from a church tribunal that a marriage between two persons was invalidly contracted. Such a decree is often sought by persons who are seeking to celebrate a different marriage.
The changes announced by Francis modify the procedures for obtaining annulments in two key ways: Eliminating a sometimes lengthy process requiring a second judgment on all annulment decisions and allowing local bishops a so-called “shorter” process to personally judge on cases considered particularly straightforward.
The changes also, in a new take on a since-abandoned practice, allow any first appeals of annulment decisions to be made at the local level instead of at the Vatican. Appeals from smaller dioceses will now be made at metropolitan archdioceses, which are the archdioceses that are normally closest to the diocese in question.
In his introductory letter for the decree altering the processes for the Latin-rite church -- the church community most recognizable throughout the world as Roman Catholic --the pontiff states that he recognizes the new procedures, especially those allowing decisions by bishops, might worry those concerned about Catholic teaching on the indissolubility of marriage.
But the pope says he wanted to offer the new process to bishops so that it can “be applied in cases in which the accused nullity of the marriage is sustained by arguments particularly evident.”
“It has not escaped me how an abbreviated judgment might put at risk the principle of indissolubility of marriage,” the pope continues. “Indeed, for this I wanted that in this process the judge would be composed of the bishop, that in the strength of his pastoral office is, with Peter, the best guarantee of Catholic unity in the faith and discipline.”
The Vatican announced the changes Tuesday by releasing the two official documents, given the Latin names of Mitis Iudex Dominus Iesus ("The Meek Judge, The Lord Jesus") and Mitis et misericors Iesus ("The Meek and Merciful Jesus").
The first document addresses and modifies the annulment procedure for the Latin-rite Code of Canon Law; the second for the canons governing the Eastern-rite Catholic churches. Both texts are currently available only in Latin and Italian.
The changes, signed by Francis on Aug. 15, are to go into effect Dec. 8, the opening day of the upcoming Jubilee Holy Year for Mercy and the 50th anniversary of the closing of the Second Vatican Council.
Francis’ decree for the Latin rite churches effectively updates and changes canons 1679-1691 in the church’s Code of Canon Law. The pope also attached to that decree 20 new “procedural rules” for bishops dealing with annulment cases, saying he wanted to offer them as “other instruments” for tools in their work on those matters.
Among other significant changes in the decrees: Francis also mandates that annulment procedures be made free of charge around the world, and also asks that bishops create some sort of structure in their dioceses that can guide and help separated Catholics considering divorce and/or annulment.
In his attached “procedural rules,” Francis gives examples of when a bishop might be able to decide an annulment on his own authority without using the normal process of the church tribunal.
Included in those examples: When there was a clear lacking of faith on the part of one of the persons consenting to the marriage, when one person was in another undisclosed relationship at the time of marriage, or when one party procured an abortion -- indicating that they were not open to the procreation of life.
Francis states in his preface to the Latin-rite decree that he hopes bishops will be close to the annulment processes in their dioceses so that they can offer “a sign of conversion of the ecclesiastical structures, and do not leave the judicial function in matrimonial matters completely delegated to the offices of the curia.”
The pontiff also states that he is allowing appeals of annulment decisions to be made to the metropolitan archdioceses as “a distinctive sign of the synodality of the Church.”
Announcement of the changes of the annulment procedures comes less than a month before the opening of a special global meeting of Catholic bishops, known as a synod, at the Vatican Oct. 4-25.
Francis has called two back-to-back synods for 2014 and 2015, to focus on issues facing families in contemporary society. The discussions have centered partly on the Catholic church’s pastoral practice towards those who have divorced and remarried without first obtaining annulments, who are currently prohibited from taking communion in the church.
Reform of the annulment process also comes with unusual speed for the Vatican, as the pope only first appointed a commission to study the matter in August 2014.
Francis states in his preface to the Latin-rite decree that he is partly making the changes to the annulment process on the suggestion of the bishops at the 2014 synod, who he says “requested more rapid and accessible processes.”
The pontiff’s decision to remove the until-now necessary, and sometimes lengthy, second judgment on all annulment decisions echoes an ability the U.S. Catholic bishops had from 1970-83, when they were allowed by the Vatican to dispense that obligation for certain cases.
That ability -- which was sharply criticized by some at the Vatican who thought the U.S. bishops were applying the dispensation too liberally -- was removed with the publication of the 1983 edition of the Code of Canon Law.
The number of annulment procedures initiated in the U.S. has dropped sharply in recent decades. According to the Center for Applied Research in the Apostolate (CARA) at Georgetown University, the processes initiated went from 60,691 in 1984 to 23,302 in 2014.
It’s my understanding that it becomes an issue for the Orthodox Church if an individual seeks to be married again after a previous marriage ends (otherwise, there isn’t a sacramental question). The bishop of that Diocese will receive a letter from the priest who is to conduct the wedding of that individual and will then either grant or deny the request for a second marriage to be performed.
I understand that the second marriage ceremony is actually different from the standard and includes prayers of repentance for the first marriage.
Attempting to change doctrine and succeeding at changing doctrine are two different things. No one said the Holy Spirit would prevent popes from attempting to change doctrine, only that they wouldn't succeed.
A judicial process is not doctrine, however much it may undermine doctrine. We are not guaranteed that the pope will be smart, competent, effective, a good preacher, that he will smile a lot, or even be a good person. We are only guaranteed that he will not teach as true a matter of faith or morals that is not true.
Papal infallibility is actually quite narrow, and quite rare. For a pope to be infallible he must:
The last time that happened was when Pope St. John Paul II said that the Church does not have the authority to ordain women priests. Before that was in 1950 when when Pope Pius XII defined the doctrine of the Assumption of the Blessed Virgin Mary.
Here's the language Pope Pius XII used to invoke the charism of infallibility:
Here's how John Paul II put it:
In both cases they made it clear that it was a matter of faith and/or morals, that they intended to invoke infallibility, and that all Christians now in the future were bound to hold that belief.
There is still debate among orthodox—that is to say, "right believing"—theologians about whether or not canonizations are infallible.
I believe you’re correct.
It’s important to understand, though, that the Orthodox Churches do NOT require a declaration that the first marriage never really existed before approving a second marriage. Thus, they hold that either a) the first marriage somehow ended before one of the spouses died, or b) that it is OK to be in more than one marriage at a time.
Neither of those two possibilities conforms to Catholic doctrine and therefore, neither of them is a suitable model for the Catholic Church to follow.
I think it is unfortunate that the Orthodox churches are known by that name. The word Orthodox means “right believing”, and they are not “right believing” in this matter or in some others. They are closer than most Protestants, but don’t forget that they are schismatic and therefore, no longer forming part of the Catholic Church, have lost the charism of infallibility.
I respectfully disagree, and evidently so does Cardinal Burke in some respect as referenced in #16 above.
I agree that Pope Francis undermining doctrine, but he's not changing it. At least not in an ex cathedra way.
Cardinal Burke is speaking in generic terms, and did not specifically cite this process. If you feel that the Pope is indeed changing a Doctrine please tell me which one he is changing.
However, this is an end-run around the whole thing in order to change doctrine - without having to get into the messy question of the fact that you can’t change it. Not even if you’re the Pope.
So what we have now is a de facto divorce: automatic unless there’s one party who wants to contest it, no defender of the bond, mostly laypeople (bureaucrats equivalent to a county clerk) involved in the process, a wide range of vague reasons that can be interpreted any way you want, and a nice low fee. Heck, maybe they should install an annulment vending machine in front of the diocesan headquarters.
Look for a process to make annulments retroactive - that is, currently divorced and remarried people will be given a special fast track (one of the “reasons” for an annulment was living with someone else). They’ll be processed right through and then will be free to marry again (or at any rate, continue their second “marriage,” now legitimized. Just wait.
Again Specifically tell me what doctrine is being changed.
What I realized is that he does things the way Obama does - through administrative means, by issuing the equivalent of an Executive Order which renders any law or discussion immediately pointless.
He achieves his goals exactly the way Obama or any other leftist does.
Did you read my post? I said no doctrine is being changed. What he is doing is proceeding, through an executive action, to change the practice in such a way that marriage is not insoluble - without having to “proclaim” anything.
Then you follow it up with: without having to get into the messy question of the fact that you can’t change it. Not even if you’re the Pope.
Which is a contradiction. either He is changing it or he is not, If you believe that he is changing it then please tell me what doctrine he is changing.
Exactly! But from a theological perspective, we need to be clear. Undermining a doctrine with lax practice is not the same thing as actually changing it. Moving the tabernacle to a closet off to the side doesn't formally change the doctrine of the Real Presence of Christ in the Eucharist, but it certainly changes it in peoples' minds. And that's what he's doing here. It's my suspicion that he's doing it so that it becomes harder and harder to distinguish between annulment and divorce so that a future pope will formally change the doctrine. That won't happen, of course, but there's nothing to stop him from trying.
Look for a process to make annulments retroactive - that is, currently divorced and remarried people will be given a special fast track (one of the “reasons” for an annulment was living with someone else). They’ll be processed right through and then will be free to marry again (or at any rate, continue their second “marriage,” now legitimized. Just wait.
In my darkest predictions I did not see this. But you're right. That'll be coming.
NO you did not. If I read your post correctly you seem to disagree with the change in the process. That is not the Doctrine.
My point is that this is having the effect of changing the doctrine - without actually changing it, since he knows that he can’t.
Everybody expected something like this to be the “pastoral solution” that would come out of the Synod, but he has now completely eliminated any possibility of objection from orthodox cardinals and has simply turned annulment into defacto no-fault divorce.
This annulment “revision” process was started last year, but it was with a view to making it more authentic and not reducing it to a quickie divorce. The Pope just unilaterally did what he wanted to do, which was make it a quickie divorce.
The next big thing will be “gay marriage.” The German, Austrian and Swiss bishops are in favor of this (well, with the exception of Muller and a couple of others) and, frankly, I think that was what they wanted the so-called Synod to focus on all along. So brace yourself for that one.
I don’t think he can do that with an “executive order” (motu proprio) but he’ll find a way.
The rightly-named Orthodox Churches do not hold that one can be in two marriages at the same time.
Then there are only two other possible explanations for their practice of allowing second marriages while the first spouse is still alive:
Neither of these beliefs is "orthodox" (with a lower case "o").
Third possibility, that one of the spouses was insincere about their vows and thus turned the marriage into a legal fiction.
100% Orthodox!
But I do have to note that so many of the recent changes we’ve seen in the Roman Catholic Church has moved them closer to the Orthodox position.
Now if the Pope will just stay away from the “Liberation Theology” sinkhole.
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