Read These Two Papers: CDF [Ratzinger] 1994 and Just Ratzinger 1998

1994

Reception of Holy Communion by the Divorced and Remarried Members of the Faithful.

CONGREGATION FOR THE DOCTRINE OF THE FAITH

LETTER TO THE BISHOPS OF THE CATHOLIC CHURCH
CONCERNING THE RECEPTION OF HOLY COMMUNION
BY THE DIVORCED AND REMARRIED MEMBERS OF THE FAITHFUL

Your Excellency

1. The International Year of the Family is a particularly important occasion to discover anew the many signs of the Church's love and concern for the family(1) and, at the same time, to present once more the priceless riches of Christian marriage, which is the basis of the family.

2. In this context the difficulties and sufferings of those faithful in irregular marriage situations merit special attention(2). Pastors are called to help them experience the charity of Christ and the maternal closeness of the Church, receiving them with love, exhorting them to trust in God's mercy and suggesting, with prudence and respect, concrete ways of conversion and sharing in the life of the community of the Church(3).

3. Aware however that authentic understanding and genuine mercy are never separated from the truth(4), pastors have the duty to remind these faithful of the Church's doctrine concerning the celebration of the sacraments, in particular, the reception of the Holy Communion. In recent years, in various regions, different pastoral solutions in this area have been suggested according to which, to be sure, a general admission of divorced and remarried to Eucharistic communion would not be possible, but the divorced and remarried members of the faithfus could approach Holy Communion in specific cases when they consider themselves authorised according to a judgement of conscience to do so. This would be the case, for example, when they had been abandoned completely unjustly, although they sincerely tried to save the previous marriage, or when they are convinced of the nullity of their previous marriage, although unable to demonstrate it in the external forum or when they have gone through a long period of reflexion and penance, or also when for morally valid reasons they cannot satisfy the obligation to separate.

In some places, it has also been proposed that in order objectively to examine their actual situation, the divorced and remarried would have to consult a prudent and expert priest. This priest, however, would have to respect tueir eventual decision to approach Holy Communion, without this implying an official authorisation.

In these and similar cases it would be a matter of a tolerant and benevolent pastoral solution in order to do justice to the different situations of the divorced and remarried.

4. Even if analogous pastoral solutions have been proposed by a few Fathers of the Church and in some measure were practiced, nevertheless these never attained the consensus of the Fathers and in no way came to constitute the common doctrine of the Church nor to determine her discipline. It falls to the universal Magisterium, in fidelity to Sacred Scripture and Tradition, to teach and to interpret authentically the depositumfidei.

With respect to the aforementioned new pastoral proposals, this Congregation deems itself obliged therefore to recall the doctrine and discipline of the Church in this matter. In fidelity to the words of Jesus Christ(5), the Church affirms that a new union cannot be recognised as valid if the preceding marriage was valid. If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God's law. Consequently, they cannot receive Holy Communion as long as this situation persists(6).

This norm is not at all a punishment or a discrimination against the divorced and remarried, but rather expresses an objective situation that of itself renders impossible the reception of Holy Communion: "They are unable to be admitted thereto from the fact that their state and condition of life objectively contradict that union of love between Christ and his Church which is signified and effected by the Eucharist. Besides this, there is another special pastoral reason: if these people were admitted to the Eucharist, the faithful would be led into error and confusion regarding the Church's teaching about the indissolubility of marriage"(7).

The faithful who persist in such a situation may receive Holy Communion only after obtaining sacramental absolution, which may be given only "to those who, repenting of having broken the sign of the Covenant and of fidelity to Christ, are sincerely ready to undertake a way of life that is no longer in contradiction to the indissolubility of marriage. This means, in practice, that when for serious reasons, for example, for the children's upbringing, a man and a woman cannot satisfy the obligation to separate, they 'take on themselves the duty to live in complete continence, that is, by abstinence from the acts proper to married couples'"(8). In such a case they may receive Holy Communion as long as they respect the obligation to avoid giving scandal.

5. The doctrine and discipline of the Church in this matter, are amply presented in the post-conciliar period in the Apostolic Exhortation FamiliarisConsortio. The Exhortation, among other things, reminds pastors that out of love for the truth they are obliged to discern carefully the different situations and exhorts them to encourage the participation of the divorced and remarried in the various events in the life of the Church. At the same time it confirms and indicates the reasons for the constant and universal practice, "founded on Sacred Scripture, of not admitting the divorced and remarried to Holy Communion"(9). The structure of the Exhortation and the tenor of its words give clearly to understand that this practice, which is presented as binding, cannot be modified because of different situations.

6. Members of the faithful who live together as husband and wife with persons other than their legitimate spouses may not receive Holy Communion. Should they judge it possible to do so, pastors and confessors, given the gravity of the matter and the spiritual good of these persons(10) as well as the common good of the Church, have the serious duty to admonish them that such a judgment of conscience openly contradicts the Church's teaching(11). Pastors in their teaching must also remind the faithful entrusted to their care of this doctrine.

This does not mean that the Church does not take to heart the situation of these faithful, who moreover are not excluded from ecclesial communion. She is concerned to accompany them pastorally and invite them to share in the life of the Church in the measure that is compatible with the dispositions of divine law, from which the Church has no power to dispense(12). On the other hand, it is necessary to instruct these faithful so that they do not think their participation in the life of the Church is reduced exclusively to the question of the reception of the Eucharist. The faithful are to be helped to deepen their understanding of the value of sharing in the sacrifice of Christ in the Mass, of spiritual communion(13), of prayer, of meditation on the Word of God, and of works of charity and justice(14).

7. The mistaken conviction of a divorced and remarried person that he may receive Holy Communion normally presupposes that personal conscience is considered in the final analysis to be able, on the basis of one's own convictions(15), to come to a decision about the existence or absence of a previous marriage and the value of the new union. However, such a position is inadmissable(16). Marriage, in fact, because it is both the image of the spousal relationship between Christ and his Church as well as the fundamental core and an important factor in the life of civil society, is essentially a public reality.

8. It is certainly true that a judgment about one's own dispositions for the reception of Holy Communion must be made by a properly formed moral conscience. But it is equally true that the consent that is the foundation of marriage is not simply a private decision since it creates a specifically ecclesial and social situation for the spouses, both individually and as a couple. Thus the judgment of conscience of one's own marital situation does not regard only the immediate relationship between man and God, as if one could prescind from the Church's mediation, that also includes canonical laws binding in conscience. Not to recognise this essential aspect would mean in fact to deny that marriage is a reality of the Church, that is to say, a sacrament.

9. In inviting pastors to distinguish carefully the various situations of the divorced and remarried, the Exhortation Familiaris Consortio recalls the case of those who are subjectively certain in conscience that their previous marriage, irreparably broken, had never been valid(17). It must be discerned with certainty by means of the external forum established by the Church whether there is objectively such a nullity of marriage. The discipline of the Church, while it confirms the exclusive competence of ecclesiastical tribunals with respect to the examination of the validity of the marriage of Catholics, also offers new ways to demonstrate the nullity of a previous marriage, in order to exclude as far as possible every divergence between the truth verifiable in the judicial process and the objective truth known by a correct conscience(18).

Adherence to the Church's judgment and observance of the existing discipline concerning the obligation of canonical form necessary for the validity of the marriage of Catholics are what truly contribute to the spiritual welfare of the faithful concerned. The Church is in fact the Body of Christ and to live in ecclesial communion is to live in the Body of Christ and to nourish oneself with the Body of Christ. With the reception of the sacrament of the Eucharist, communion with Christ the Head can never be separated from communion with his members, that is, with his Church. For this reason, the sacrament of our union with Christ is also the sacrament of the unity of the Church. Receiving Eucharistic Communion contrary to ecclesial communion is therefore in itself a contradiction. Sacramental communion with Christ includes and presupposes the observance, even if at times difficult, of the order of ecclesial communion, and it cannot be right and fruitful if a member of the faithful, wishing to approach Christ directly, does not respect this order.

10. In keeping with what has been said above, the desire expressed by the Synod of Bishops, adopted by the Holy Father John Paul II as his own and put into practice with dedication and with praiseworthy initiatives by bishops, priests, religious and lay faithful is yet to be fully realized, namely, with solicitous charity to do everything that can be done to strengthen in the love of Christ and the Church those faithful in irregular marriage situations. Only thus will it be possible for them fully to receive the message of Christian marriage and endure in faith the distress of their situation. In pastoral action one must do everything possible to ensure that this is understood not to be a matter of discrimination but only of absolute fidelity to the will of Christ who has restored and entrusted to us anew the indissolubility of marriage as a gift of the Creator. It will be necessary for pastors and the community of the faithful to suffer and to love in solidarity with the persons concerned so that they may recognise in their burden the sweet yoke and the light burden of Jesus(19). Their burden is not sweet and light in the sense of being small or insignificant, but becomes light because the Lord - and with him the whole Church - shares it. It is the task of pastoral action, which has to be carried out with total dedication, to offer this help, founded in truth and in love together.

United with you in dedication to the collegial task of making the truth of Jesus Christ shine in the life and activity of the Church, I remain Yours devotedly in the Lord

Joseph Card. Ratzinger

Prefect

+ Alberto Bovone 

Titular Archbishop of Caesarea in Numidia

Secretary

During an audience granted to the Cardinal Prefect, the Supreme Pontiff John Paul II gave his approval to this letter, drawn up in the ordinary session of this Congregation, and ordered its publication.

Given at Rome, from the offices of the Congregation for the Doctrine of the Faith, 14 September 1994, Feast of the Exaltation of the Holy Cross.

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(1) Cf. John Paul II, Letter to Families (2 February 1994), n. 3.

(2) Cf. John Paul II, Apostolic Exhortation FamiliarisConsortio (22 November 1981) nn. 79-84: AAS 74 (1982) 180-186.

(3) Cf. ibid., n. 84: AAS 74 (1982) 185; Letter to Families, n. 5; Catechism of the Catholic Church, n. 1651.

(4) Cf. Paul VI, Encyclical Letter HumanæVitæ, n. 29: AAS 60 (1968) 501; John Paul II, Apostolic Exhortation ReconciliatioetPænitentia, n. 34: AAS 77 (1985) 272, Encyclical Letter Veritatis Splendor, n. 95: AAS 85 (1993) 1208.

(5) Mk 10:11-12: "Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery."

(6) Cf. Catechism of the Catholic Church, n. 1650; cf. also n. 1640 and theCouncil of Trent, sess. XXIV: DS 1797-1812.

(7) Apostolic Exhortation FamiliarisConsortio, n. 84: AAS 74 (1982) 185-186.

(8) Ibid., n. 84: AAS 74 (1982) 186; cf. John Paul II, Homily on the Occasion of the Closure of the Sixth Synod of Bishops, n. 7: AAS 72 (1980) 1082.

(9) Apostolic Exhortation FamiliarisConsortio, n. 84: AAS 74 (1982) 185.

(10) Cf. 1 Cor 11:27-29.

(11) Cf. Code of Canon Law, 978 §2.

(12) Cf. Catechism of the Catholic Church, n. 1640.

(13) Cf. Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church on Certain Questions concerning the Minister of the Eucharist, III/4: AAS 75 (1983) 1007; St Teresa of Avila, The Way of Perfection 35,1; St Alphonsus de' Liguori, Visite al SS. Sacramento e a Maria Santissima.

(14) Cf. Apostolic Exhortation FamiliarisConsortio, n. 84: AAS 74 (1982) 185.

(15) Cf. Encyclical Letter Veritatis Splendor, n. 55: AAS 85 (1993) 1178.

(16) Cf. Code of Canon Law, 1085 § 2.

(17) Cf. Apostolic Exhortation FamiliarisConsortio, n. 84: AAS 74 (1982) 185.

(18) Cf. Code of Canon Law 1536 § 2 and 1679 and Code of the Canons of the Eastern Churches 1217 § 2 and 1365 concerning the probative force of the depositions of the parties in such processes.

(19) Cf. Matt 11:30.

1998

The Pastoral Approach to Marriage Must Be Founded on Truth

Cardinal Joseph Ratzinger

From a little known text by Cardinal Joseph Ratzinger published in 1998 Concerning some objections to the Church's teaching on the reception of Holy Communion by divorced and remarried members of the faithful In 1998 Cardinal Joseph Ratzinger, Prefect of the Congregation for the Doctrine of the Faith, introduced the volume: "On the Pastoral Care of the Divorced and Remarried", published by the Libreria Editrice Vaticana in the dicastery's series "Documenti e Studi", 17. Because of its interest in our day and its breadth of perspective, we reproduce the third part along with three additional notes. This text is also available on the newspaper's website (www.osservatoreromano.va) in English, Italian, French, German, Portuguese and Spanish. I excerpt from the document below to make, what I believe to be foundational to the discussion, strikingly evident and clear:      "At their wedding, the spouses promise to be faithful to each other until death. Further study is required, however, concerning the question of whether non-believing Christians — baptized persons who never or who no longer believe in God — can truly enter into a sacramental marriage. In other words, it needs to be clarified whether every marriage between two baptized persons is, ipso facto, a sacramental marriage. In fact, the Code [1983]states that only a "valid" marriage between baptized persons is at the same time a sacrament (cf. GIG, can. 1055, § 2). Faith belongs to the essence of the sacrament; what remains to be clarified is the juridical question of what evidence of the "absence of faith" would have as a consequence that the sacrament does not come into being.3 NOTES 3 During the meeting with clergy in the Diocese of Aosta, which took place 25 July 2005, Pope Benedict XVI spoke of this difficult question: "those who were married in the Church for the sake of tradition but were not truly believers, and who later find themselves in a new and invalid marriage and subsequently convert, discover faith and feel excluded from the Sacrament, are in a particularly painful situation. This really is a cause of great suffering and when I was Prefect of the Congregation for the Doctrine of the Faith, I invited various Bishops' Conferences and experts to study this problem: a sacrament celebrated without faith. Whether, in fact, a moment of invalidity could be discovered here because the Sacrament was found to be lacking a fundamental dimension, I do not dare to say. I personally thought so, but from the discussions we had I realized that it is a highly complex problem and ought to be studied further. But given these people's painful plight, it must be studied further". The Full Document:      "The Letter of the Congregation for the Doctrine of the Faith of 14 September 1994 concerning the reception of Holy Communion by divorced and remarried members of the faithful was met with a very lively response across wide sections of the Church. Along with many positive reactions, more than a few critical voices were also heard. The fundamental objections against the teaching and practice of the Church are outlined below in simplified form. Several of the more significant objections — principally, the reference to the supposedly more flexible practice of the Church Fathers which would be the inspiration for the practice of the Eastern Churches separated from Rome, as well as the allusion to the traditional principles of epicheia and of aequitas canonica — were studied in-depth by the Congregation for the Doctrine of the Faith. Articles by Professors Pelland, Marcuzzi and Rodríguez Luño1, among others, were developed in the course of this study. The main conclusions of the research, which suggest the direction of an answer to the objections, will be briefly summarized here. 1. Some maintain that several passages of the New Testament suggest that the words of Jesus on the indissolubility of marriage allow for a flexible application and cannot be classified in a strictly legal sense. Several exegetes point out critically that with regard to the indissolubility of marriage, the Magisterium cites almost exclusively one pericope — namely, Mk. 10:11-12 — and does not sufficiently take into account other passages from the Gospel of Matthew and the First Letter to Corinthians. They claim that these biblical passages speak of a certain exception to the Lord's words about the indissolubility of marriage, notably in the case of porneia (Mt 5:32; 19:9) and in the case of separation because of the faith (1 Cor 7:12-16). They hold that these texts shouldbe an indication that, already in apostolic times, Christians in difficult situations had known a flexible application of the words of Jesus. In replying to this objection, one notes that magisterial documents do not intend to present the biblical foundations of the teachings on marriage in a complete and exhaustive way. They entrust this important task to competent experts. The Magisterium emphasizes, however, that the teaching of the Church on the indissolubility of marriage is faithful to the words of Jesus. Jesus clearly identifies the Old Testament practice of divorce as a consequence of the hardness of the human heart. He refers — over and above the law — to the beginning of creation, to the will of the Creator, and summarizes his teaching with the words: "Therefore what God has joined together, no human being must separate" (Mk 10:9). With the coming of the Redeemer, marriage is therefore restored to its original form intended at creation and is wrested away from human arbitrariness — above all from the whim of the husband, since for wives there really was no possibility of divorce. Jesus' words on the indissolubility of marriage overcome the old order of the law with the new order of faith and grace. Only in this way can marriage fully become a God-given vocation to love and human dignity and the sign of the unconditional covenant of divine love, i.e., a sacrament (cf. Eph 5:32). The possibility of separation, which Paul discusses in 1 Cor. 7, regards marriage between a Christian and a non-baptized person. Later theological reflection has clarified that only marriages between baptized persons are a sacrament in the strict sense of the word, and that absolute indissolubility holds only for those marriages falling within the scope of Christian faith. So-called "natural marriage" has its dignity from the order of creation and is therefore oriented toward indissolubility, but it can be dissolved under certain circumstances because of a higher good — which in this case is faith. This is how systematic theology correctly classified St Paul's reference as the privilegium paulinum, that is, the possibility of dissolving a non-sacramental marriage for the good of the faith. The indissolubility of a truly sacramental marriage remains safeguarded; it is not therefore an exception to the word of the Lord. We will come back to this later. Extensive literature exists regarding the correct understanding of the porneia clauses, with many differing and even conflicting hypotheses. There is no unanimity among exegetes on this point. Many maintain that it refers to invalid marital unions, not to an exception to the indissolubility of marriage. In any case, the Church cannot construct her doctrine and praxis on uncertain exegetical hypotheses. She must adhere to the clear teaching of Christ. 2. Others object that the patristic tradition leaves room for a more varied praxis, which would be more equitable in difficult situations; furthermore, the Catholic Church could learn from the principle of "economy" employed by Eastern Churches separated from Rome. It is claimed that the current Magisterium relies on only one strand of the patristic tradition, and not on the whole legacy of the ancient Church. Although the Fathers clearly held fast to the doctrinal principle of the indissolubility of marriage, some of them tolerated a certain flexibility on the pastoral level with regard to difficult individual cases. On this basis Eastern Churches separated from Rome later developed alongside the principle of akribia, fidelity to revealed truth, that of oikonomia, benevolent leniency in difficult situations. Without renouncing the doctrine of the indissolubility of marriage, in some cases they permit a second and even a third marriage, which is distinct, however, from the sacramental first marriage and is marked by a penitential character. Some say that this practice has never been explicitly condemned by the Catholic Church. They claim that the 1980 Synod of Bishops proposed to study this tradition thoroughly, in order to allow the mercy of God to be more resplendent. Father Pelland's study points out the direction in which the answers to these questions can be sought. Naturally, for the interpretation of individual patristic texts, the work of historians is necessary. Because of the difficult textual issues involved, controversies will not be lacking in the future. Theologically, one must affirm the following: a. There exists a clear consensus among the Fathers regarding the indissolubility of marriage. Since it derives from the will of the Lord, the Church has no authority over it. For this reason, from the outset Christian marriage was distinct from marriage in Roman society, even though in the first centuries there did not yet exist any canonical system. The Church in the time of the Fathers learly excluded divorce and remarriage, precisely out of faithful obedience to the New Testament. b. In the Church at the time of the Fathers, divorced and remarried members of the faithful were never officially admitted to Holy Communion after a time of penance. It is true, however, that the Church did not always rigorously revoke concessions in certain territories, even when they were identified as not in agreement with her doctrine and discipline. It also seems true that individual Fathers, Leo the Great being among them, sought pastoral solutions for rare borderline cases. c. This led to two opposing developments: — In the Imperial Church after Constantine, with the ever stronger interplay between Church and State, a greater flexibility and readiness for compromise in difficult marital situations was sought. Up until the Gregorian reform, a similar tendency was present in Gallic and Germanic lands. In the Eastern Churches separated from Rome, this development progressed farther in the second millennium and led to an increasingly more liberal praxis. Today in some of these Churches there are numerous grounds for divorce, even a theology of divorce, which is in no way compatible with Jesus' words regarding the indissolubility of marriage. Without fail, this problem must be addressed in ecumenical dialogue. — In the West, on account of the Gregorian reform, the original concept of the Church Fathers was recovered. This development came to its conclusion at the Council of Trent and was once again expressed as a doctrine of the Church at the Second Vatican Council. On doctrinal grounds, the praxis of the Eastern Churches separated from Rome cannot be taken up by the Catholic Church, as it is the result of a complex historical process, an increasingly liberal — and thus more and more removed from the words of the Lord — interpretation of several obscure patristic texts which were significantly influenced by civil law. Furthermore, the claim is incorrect that the Church simply tolerated such a praxis. Admittedly, the Council of Trent did not pronounce any explicit condemnation. The medieval canonists, however, consistently spoke of the praxis as improper. Furthermore, there is evidence that groups of Orthodox believers who became Catholic had to sign a profession of faith with an explicit reference to the impossibility of a second marriage. 3. Many propose to allow exceptions to the Church's norm on the basis of the traditional principles of epikeia and aequitas canonica. Certain marriage cases, it is said, cannot be handled in the external forum. Some claim that the Church should not simply rely on juridical norms, but on the contrary ought to respect and tolerate the conscience of the individual. They say that theological notions of epikeiaand aequitas canonica could serve to justify, from moral theology as well as juridically, a decision of conscience at variance from the general norm. Especially regarding the question of receiving the sacraments, they claim that the Church should take some steps forward and not just issue prohibitions to the faithful. The contributions made by Professor Marcuzzi and Professor Rodríguez Luño throw light on his complex problem. To this end, there are three areas of inquiry which clearly need to be distinguished from each other: a. Epikeia and aequitas canonica exist in the sphere of human and purely ecclesiastical norms of great significance, but cannot be applied to those norms over which the Church has no discretionary authority. The indissoluble nature of marriage is one of these norms which goes back to Christ Himself and is thus identified as a norm of divine law. The Church cannot sanction pastoral practices — for example, sacramental pastoral practices — which contradict the clear instruction of the Lord. In other words, 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.2 b. However the Church has the authority to clarify those conditions which must be fulfilled for a marriage to be considered indissoluble according to the sense of Jesus' teaching. In line with the Pauline assertion in 1 Cor. 7, she established that only two baptized Christians can enter into a sacramental marriage. She developed the legal concept of the Pauline privilege and the Petrine privilege. With reference to the porneia clauses in Matthew and in Acts 15:20, the impediments to marriage were established. Furthermore, grounds for the nullity of marriage were identified with ever greater clarity, and the procedural system was developed in greater detail. All of this contributed to delineating and articulating more precisely the concept of the indissolubility of marriage. One can say that, in this way, the Western Church also made allowance for the principle of oikonomia, but without touching the indissolubility of marriage as such. The further juridical development of the 1983 Code of Canon Law was in this same direction, granting probative force to the declarations of the parties. Therefore, according to experts in this area, it seems that cases in which an invalid marriage cannot be shown to be such by the procedural are practically excluded. Since marriage has a fundamental public ecclesial character and the axiom applies that nemo iudex in propria causa (no one is judge in his own case), marital cases must be resolved in the external forum. If divorced "and remarried members of the faithful believe that their prior marriage was invalid, they are thereby obligated to appeal to the competent marriage tribunal so that the question will be examined objectively and under all available juridical possibilities. c. Admittedly, it cannot be excluded that mistakes occur in marriage cases. In some parts of the Church, well-functioning marriage tribunals still do not exist. Occasionally, such cases last an excessive amount of time. Once in a while they conclude with questionable decisions. Here it seems that the application of epikeia in the internal forum is not automatically excluded from the outset. This is implied in the 1994 letter of the Congregation for the Doctrine of the Faith, in which it was stated that new canonical ways of demonstrating nullity should exclude "as far as possible" every divergence from the truth verifiable in the judicial process (cf. n. 9). Some theologians are of the opinion that the faithful ought to adhere strictly even in the internal forum to juridical decisions which they believe to be false. Others maintain that exceptions are possible here in the internal forum, because the juridical forum does not deal with norms of divine law, but rather with norms of ecclesiastical law. This question, however, demands further study and clarification. Admittedly, the conditions for asserting an exception would need to be clarified very precisely, in order to avoid arbitrariness and to safeguard the public character of marriage, removing it from subjective decisions. 4. Some accuse the current Magisterium of reversing the doctrinal development of the Council and of substituting a pre-conciliar view of marriage. Some theologians claim that at the new magisterial documents having to do with questions of marriage are based on a naturalistic, legalistic concept of marriage. Attention is given to the contract between the spouses and to the ius in corpus. It is claimed that the Council overturned this static understanding and described marriage in a more personalistic way as a covenant of love and life. Thus it would have opened up possibilities for resolving difficult situations more humanely. Thinking further along this line, some scholars pose the question of whether or not marriage, if the personal bond of love between the spouses no longer exists. Others resurrect the old question of whether or not the Pope would have the capability of dissolving marriage in such cases. Yet anyone who attentively reads the more recent statements of the Church will note that their central assertions are based on Gaudium et spes and that they further develop the teaching contained therein in a thoroughly personalist line, in the direction indicated by the Council. However, it is inappropriate to set up a contradiction between the personalist and juridical views of marriage. The Council did not break with the traditional concept of marriage, but on the contrary developed it further. When, for example, it is continually pointed out that the Council substituted the broader and theologically more profound concept of covenant for the strictly legal concept of contract, one must not forget that within covenant, the element of contract is also contained and indeed placed within a broader perspective. The fact that marriage reaches well beyond the purely juridical realm into the depths of humanity and into the mystery of the divine, has always been indicated by the word "sacrament", although often it has not been pondered with the same clarity which the Council gave to these aspects. Law is not everything, but it is an indispensable part, one dimension of the whole. Marriage without a juridical dimension which integrates it into the whole fabric of society and the Church simply does not exist. If the post-Conciliar revision of canon law included the realm of marriage, this is not a betrayal of the Council, but the implementation of its mandate. If the Church were to accept the theory that a marriage is dead when the two spouses no longer love one another, then she would thereby sanction divorce and would uphold the indissolubility of marriage only in word, and no longer in fact. Therefore, the opinion that the Pope could potentially dissolve a consummated sacramental marriage, which has been irrevocably broken, must be considered erroneous. Such a marriage cannot be dissolved by anyone. At their wedding, the spouses promise to be faithful to each other until death. Further study is required, however, concerning the question of whether non-believing Christians — baptized persons who never or who no longer believe in God — can truly enter into a sacramental marriage. In other words, it needs to be clarified whether every marriage between two baptized persons is ipso facto a sacramental marriage. In fact, the Code states that only a "valid" marriage between baptized persons is at the same time a sacrament (cf. GIG, can. 1055, § 2). Faith belongs to the essence of the sacrament; what remains to be clarified is the juridical question of what evidence of the "absence of faith" would have as a consequence that the sacrament does not come into being.3 5. Many argue that the position of the Church on the question of divorced and remarried faithful is overly legalistic and not pastoral. A series of critical objections against the doctrine and praxis of the Church pertain to questions of a pastoral nature. Some say, for example, that the language used in the ecclesial documents is too legalistic, that the rigidity of law prevails over an understanding of dramatic human situations. They claim that the human person of today is no longer able to understand such language, that Jesus would have had an open ear for the needs of people, particularly for those on the margins of society. They say that the Church, on the other hand, presents herself like a judge who excludes wounded people from the sacraments and from certain public responsibilities. One can readily admit that the Magisterium's manner of expression does not seem very easy to understand at times. It needs to be translated by preachers and catechists into a language which relates to people and to their respective cultural environments. The essential content of the Church's teaching, however, must be upheld in this process. It must not be watered down on allegedly pastoral grounds, because it communicates the revealed truth. Certainly, it is difficult to make the demands of the Gospel understandable to secularized people. But this pastoral difficulty must not lead to compromises with the truth. In his Encyclical Veritatis splendor, John Paul II clearly rejected so-called pastoral solutions which stand in opposition to the statements of the Magisterium (cf. ibid. 56). Furthermore, concerning the position of the Magisterium as regards the question of divorced and remarried members of the faithful, it must be stressed that the more recent documents of the Church bring together the demands of truth with those of love in a very balanced way. If at times in the past, love shone forth too little in the explanation of the truth, so today the danger is great that in the name of love, truth is either to be silenced or compromised. Assuredly, the word of truth can be painful and uncomfortable. But it is the way to holiness, to peace, and to inner freedom. A pastoral approach which truly wants to help the people concerned must always be grounded in the truth. In the end, only the truth can be pastoral. "Then you will know the truth, and the truth will set you free" Jn 8:32). NOTES 1 Cf. Angel Rodríguez Luño, L'epicheia nella cura pastorale dei fedeli divorziati risposati,ibid., pp. 75-87; Piero Giorgio Marcuzzi, SDB, Applicazione di "aequitas et epikeia" ai contenuti della Lettera della Congregazione per la Dottrina della Fede del 14 settembre 1994, ibid., pp. 88-98; Gilles Pelland, SJ, La pratica della Chiesa antica relativa ai fedeli divorziati risposati, ibid., pp. 99-131.2 2 On this matter the norm referred to by John Paul II in his Apostolic Letter Familiaris Consortio, n. 84, is quite valuable: "Reconciliation in the sacrament of Penance which would open the way to the Eucharist, can only be granted to those who, repenting of having broken the sign of the Covenant and of fidelity to Christ, are sincerely ready to undertake a way of life that is no longer in contradiction to the indissolubility of marriage. This means, in practice, that when, for serious reasons, such as for example the children's upbringing, a man and a woman cannot satisfy the obligation to separate, they 'take on themselves the duty to live in complete continence, that is, by abstinence from the acts proper to married couples". See also the Apostolic Letter of Benedict Sacramentum Caritatis, n. 29. 3 During the meeting with clergy in the Diocese of Aosta, which took place 25 July 2005, Pope Benedict XVI spoke of this difficult question: "those who were married in the Church for the sake of tradition but were not truly believers, and who later find themselves in a new and invalid marriage and subsequently convert, discover faith and feel excluded from the Sacrament, are in a particularly painful situation. This really is a cause of great suffering and when I was Prefect of the Congregation for the Doctrine of the Faith, I invited various Bishops' Conferences and experts to study this problem: a sacrament celebrated without faith. Whether, in fact, a moment of invalidity could be discovered here because the Sacrament was found to be lacking a fundamental dimension, I do not dare to say. I personally thought so, but from the discussions we had I realized that it is a highly complex problem and ought to be studied further. But given these people's painful plight, it must be studied further".

Taken from: L'Osservatore Romano Weekly Edition in English 7 December 2011, page 3