After the announcement of the extraordinary synod that will take place in October of 2014 on the pastoral care of families, some questions have been raised regarding the question of divorced and remarried members of the faithful and their relationship to the sacraments. In order to deepen understanding on this pressing subject so that clergy may accompany their flock more perfectly and instruct them in a manner consistent with the truth of Catholic Doctrine, we are publishing an extensive contribution from the Archbishop Prefect of the Congregation for the Doctrine of the Faith.He then explains the basis of the Church teaching on marriage and divorce based on scripture, the early Church fathers, and in Church teaching up to the present day. One section that particularly jumped out at me as perhaps blunter than we would have seen under John Paul II or Benedict XVI was this one on the practice of allowing divorce and remarriage by the Orthodox.
The problem concerning members of the faithful who have entered into a new civil union after a divorce is not new. The Church has always taken this question very seriously and with a view to helping the people who find themselves in this situation. Marriage is a sacrament that affects people particularly deeply in their personal, social and historical circumstances. Given the increasing number of persons affected in countries of ancient Christian tradition, this pastoral problem has taken on significant dimensions. Today even firm believers are seriously wondering: can the Church not admit the divorced and remarried to the sacraments under certain conditions? Are her hands permanently tied on this matter? Have theologians really explored all the implications and consequences?
In many regions, greater compromises emerged later, particularly as a result of the increasing interdependence of Church and State. In the East this development continued to evolve, and especially after the separation from the See of Peter, it moved towards an increasingly liberal praxis. In the Orthodox Churches today, there are a great many grounds for divorce, which are mostly justified in terms of oikonomia, or pastoral leniency in difficult individual cases, and they open the path to a second or third marriage marked by a penitential character. This practice cannot be reconciled with God’s will, as expressed unambiguously in Jesus’ sayings about the indissolubility of marriage. But it represents an ecumenical problem that is not to be underestimated.Note also the placing of "Church of England" in quotes. I can't help wondering if, to the extent that Francis does not have a European a focus as John Paul and Benedict, there's less concern under his guidance about speaking clearly about the areas in which the Orthodox Churches and Protestant groups do not conform to Church teaching and practice.
In the West, the Gregorian reform countered these liberalizing tendencies and gave fresh impetus to the original understanding of Scripture and the Fathers. The Catholic Church defended the absolute indissolubility of marriage even at the cost of great sacrifice and suffering. The schism of a “Church of England” detached from the Successor of Peter came about not because of doctrinal differences, but because the Pope, out of obedience to the sayings of Jesus, could not accommodate the demands of King Henry VIII for the dissolution of his marriage.
The Council of Trent confirmed the doctrine of the indissolubility of sacramental marriage and explained that this corresponded to the teaching of the Gospel (cf. DH 1807). Sometimes it is maintained that the Church de facto tolerated the Eastern practice. But this is not correct. The canonists constantly referred to it as an abuse. And there is evidence that groups of Orthodox Christians on becoming Catholic had to subscribe to an express acknowledgment of the impossibility of second or third marriages.
Muller goes on to specifically reject several approaches to dealing with divorced and remarried couples which have been suggested of late by those hoping for change:
It is frequently suggested that remarried divorcees should be allowed to decide for themselves, according to their conscience, whether or not to present themselves for holy communion. This argument, based on a problematical concept of “conscience”, was rejected by a document of the CDF in 1994. Naturally, the faithful must consider every time they attend Mass whether it is possible to receive communion, and a grave unconfessed sin would always be an impediment. At the same time they have the duty to form their conscience and to align it with the truth. In so doing they listen also to the Church’s Magisterium, which helps them “not to swerve from the truth about the good of man, but rather, especially in more difficult questions, to attain the truth with certainty and to abide in it” (Veritatis Splendor, 64). If remarried divorcees are subjectively convinced in their conscience that a previous marriage was invalid, this must be proven objectively by the competent marriage tribunals. Marriage is not simply about the relationship of two people to God, it is also a reality of the Church, a sacrament, and it is not for the individuals concerned to decide on its validity, but rather for the Church, into which the individuals are incorporated by faith and baptism. “If the prior marriage of two divorced and remarried members of the faithful was valid, under no circumstances can their new union be considered lawful, and therefore reception of the sacraments is intrinsically impossible. The conscience of the individual is bound to this norm without exception” (Cardinal Joseph Ratzinger, “The Pastoral approach to marriage must be founded on truth” L’Osservatore Romano, English edition, 7 December 2011, p. 4)Muller then goes on to explain what real pastoral care in such situations consists of:
The teaching on epikeia, too – according to which a law may be generally valid, but does not always apply to concrete human situations – may not be invoked here, because in the case of the indissolubility of sacramental marriage we are dealing with a divine norm that is not at the disposal of the Church. Nevertheless – as we see from the privilegium Paulinum – the Church does have the authority to clarify the conditions that must be fulfilled for an indissoluble marriage, as taught by Jesus, to come about. On this basis, the Church has established impediments to marriage, she has recognized grounds for annulment, and she has developed a detailed process for examining these.
A further case for the admission of remarried divorcees to the sacraments is argued in terms of mercy. Given that Jesus himself showed solidarity with the suffering and poured out his merciful love upon them, mercy is said to be a distinctive quality of true discipleship. This is correct, but it misses the mark when adopted as an argument in the field of sacramental theology. The entire sacramental economy is a work of divine mercy and it cannot simply be swept aside by an appeal to the same. An objectively false appeal to mercy also runs the risk of trivializing the image of God, by implying that God cannot do other than forgive. The mystery of God includes not only his mercy but also his holiness and his justice. If one were to suppress these characteristics of God and refuse to take sin seriously, ultimately it would not even be possible to bring God’s mercy to man. Jesus encountered the adulteress with great compassion, but he said to her “Go and do not sin again” (Jn 8:11). God’s mercy does not dispense us from following his commandments or the rules of the Church. Rather it supplies us with the grace and strength needed to fulfil them, to pick ourselves up after a fall, and to live life in its fullness according to the image of our heavenly Father. [emphasis added]
Even if there is no possibility of admitting remarried divorcees to the sacraments, in view of their intrinsic nature, it is all the more imperative to show pastoral concern for these members of the faithful, so as to point them clearly towards what the theology of revelation and the Magisterium have to say. The path indicated by the Church is not easy for those concerned. Yet they should know and sense that the Church as a community of salvation accompanies them on their journey. Insofar as the parties make an effort to understand the Church’s practice and to abstain from communion, they provide their own testimony to the indissolubility of marriage.It goes without saying, the head of the CDF does not put out documents like this without due consultation with the pope. Anyone who hopes to assert that this is not in the "spirit of Francis" needs to remind himself: These words were undoubtedly read and approved by the pope.
Clearly, the care of remarried divorcees must not be reduced to the question of receiving the Eucharist. It involves a much more wide-ranging pastoral approach, which seeks to do justice to to the different situations. It is important to realize that there are other ways, apart from sacramental communion, of being in fellowship with God. One can draw close to God by turning to him in faith, hope and charity, in repentance and prayer. God can grant his closeness and his salvation to people on different paths, even if they find themselves in a contradictory life situation. As recent documents of the Magisterium have emphasized, pastors and Christian communities are called to welcome people in irregular situations openly and sincerely, to stand by them sympathetically and helpfully, and to make them aware of the love of the Good Shepherd. If pastoral care is rooted in truth and love, it will discover the right paths and approaches in constantly new ways.