|
|
Ask Arlington Diocese to Apply Canon Law |
|
Return to Events, News Coverage
Page Contact the Arlington Diocese If you are upset when children are morally and financially devastated by routine civil divorce, ask the Arlington diocese to provide a public answer to Mary's Advocates June 23rd 2008 letter. send e-mail to communications@arlingtondiocese.org sample message: I reside in the diocese of ___. Message for Fr. Rev. Robert J. Rippy, J.C.L., V.F., the Promoter of Justice, Diocese of Arlington VA. Earlier, facts were brought to your attention about a Catholic family in which a father of seven has committed adultery and is living with his new sex partner. Please answer Mary's Advocates's June 23rd letter requesting a fill-in-the-blank form (or questionnaire) for reliable spouses to use when asking the church to apply the protections for families in Canon Law. We want clear teaching about the obligations and rights of Catholic spouses and children in cases of adultery or other legitimate reasons for separation decrees. |
|
Mary's Advocates June 23rd letter (responding to Fr. Rippy's answer to earlier letter)
Rev. Robert J. Rippy, J.C.L., V.F. Promoter of Justice, Arlington VA Diocese The Cathedral of St. Thomas More Thank you for your reply to the letter providing facts about a married professed-Catholic man who commited adultery, conceived a child, and is cohabiting with his adulterous partner while his wife and their children are financially devastated. The children of the marriage are regularly taken from their home and separated from their mother to spend overnight visits with their father and his adulterous partner. You wrote, "Canonical confidentiality provisions prevent Tribunal Officials from commenting publicly on a particular case." [...] and that your tribunal is "diligent in its application of the principles of Canon Law and Church teaching in all cases properly brought before it." We respect your need for confidentiality in particular cases, so we will broaden our request and seek your assistance for all spouses whose marital partner has choosen to withdraw from marriage. In our first letter, we asked you to take action and teach the duties and rights inherent to the faithful in situations such as these. You wrote that "parties to marriage (or putative marriage) have the right to petition a competent Tribunal to consider those aspects of their relationship that properly fall with in the scope of Canon Law." Those who have spouses who choose to abrogate marital obligations need assistance in asking that the protections for families (Canon Law Separation of Spouses) be applied to their marriages. From our experience, it appears that anyone in the United States can phone their local tribunal and learn where to obtain a fill-in-the-blank form (or questionnaire) if they were seeking a canonical determination of annulment to declaring their marriage is invalid. They could also learn how to obtain a procurator. Where is such help for those seeking Separation of Spouses determinations? We understand that as the promoter of justice, you would be interested in helping abandoned spouses and innocent children at least receive just marital determinations from their own church - especially when the one insisting on withdrawing from marital life professes to follow Christ's moral guidelines as conveyed by Roman Catholic teaching. Would you assist us in providing reliable spouses with such a fill-in-the-blank form (or questionnaire) to "properly" bring before a tribunal or bishop a case requesting:
Your letter gives the impression that only the spouses could submit such a case to a tribunal. However, we are aware of situations in which the church speaks authoritatively in defense of innocent victims - regardless of whether victims submitted a petition to a tribunal. For example, Arbishop Raymond Burke's (member of the College of Judges of the Supreme Tribunal of the Apostolic Signatura) writes about clearly outward immoral conduct. "However, in cases of outward conduct which is seriously, clearly and steadfastly contrary to the moral norm, the Church, in her pastoral concern for the good order of the community and out of respect for the sacrament, cannot fail to feel directly involved.According to Exegetical Commentary recommended by the President of the Pontifical Council of Legislative Texts, the separation of spouses canons are designed to protect spouses and children. "Since divorce laws have proliferated in many countries, the need to request the diocesan bishop's authorization is a necessary precaution, which prevents the fostering of trials whose judgments [(Mary's Advocates' note) government civil court judgments] violate precepts of divine law, to the detriment of the spouses and with the risk of scandal to others."We look forward to your reply and thank you for your consideration in this matter that affects many children besides those in the family about which facts were presented to you earlier. Sincerely, Mary's Advocates Bai Macfarlane, Director |
Mrs. Bai Macfarlane's January 25th letter
Mrs. Bai Macfarlane
Westlake, OH 44145
Rev. Robert J. Rippy, J.C.L., V.F.
Promoter of Justice, Diocese of Arlington VA
The Cathedral of St. Thomas More
3901 Cathedral Lane
Arlington, VA 22203
January 25, 2008,
Dear Fr. Rippy,
Because you are the diocesan Promoter of Justice, I bring to your attention a scandalous situation in your diocese. Please consider initiating an investigation to apply the penal codes and the separations canons of our Church.
The moral and character formation of seven siblings is hanging in the balance. Their father is at risk. Their mother's ability to raise the children, as they deserve in accordance with divine and natural law is in jeopardy. Their father had an adulterous relationship that resulted in the birth of a child, and he is currently living with the other woman.
Today, in honor of the 25th anniversary of the promulgation of the 1983 Code of Canon Law, a congress is being held at the Vatican: "Canon Law in the Life of the Church, research and perspectives in the context of recent Pontifical Magisterium." In a press release, the president of the Pontifical Council for Legislative Texts stated that canon law "is not just a collection of norms created by the will of ecclesiastical legislators", but it "indicates the duties and rights inherent to the faithful and to the structure of the Church as instituted by Christ."
Will you please take action with the facts I bring to your attention and teach all Catholics the "duties and rights inherent to the faithful" in situations such as these. Adultery is a legitimate reason for an innocent spouse to seek permanent separation of spouses according to divine justice (can. 1152), though reuniting a Catholic family is always the ultimate goal.
I ask you to emphatically clarify:
a) The duties of an adulterer toward the faithful spouse
b) The rights of the offended spouse and children in regard to material support from the adulterer and protection from scandal
c) The rights of the wayward soul to receive medicinal fraternal correction or sanctions from the Church (Code of Canon Law Annotated. Navarra. MTF. ©2004. can. 1312. p. 1020)
d) The rights of the faithful to have scandal prevented by adjudication of canon law regarding separation of spouses.
Quoting J. Hervada, the Exegetical Commentary recommended by the president of the Pontifical Council of Legislative Texts specifies that marriage must not involve detriment to the corporal or material good of the children. "Moreover, a spouse must not cause any harm to the material or spiritual wellbeing of the other spouse, immorally or culpably" (can. 1151. p. 1572). Please provide instructions in cases of permanent separation to ensure that the adulterous spouse does not cause financial, material or spiritual harm and scandal.
Because of no-fault divorce, a reliable spouse cannot expect to have his or her natural rights upheld by civil law. In civil divorce spouses can sign a "consent order" that specifies the terms of the family break-up. Innocent parities are forced to include provisions that are morally and financially harmful so the civil court will not reject the "order."
Canon law offers protections from immoral civil court orders. All married Catholics cannot approach the civil court until after obtaining their bishop's permission for their particular family (can. 1692). The Canon Law Annotations recommended by the president of the Pontifical Council for Legislative texts teaches, "Since divorce laws have proliferated in many countries, the need to request the diocesan bishop's authorization is a necessary precaution, which prevents the fostering of trials whose judgments violate precepts of divine law, to the detriment of the spouses and with the risk of scandal to others" (pg 1324).
In my attachments I provide you information about two apparently faithful Catholics, who I refer to as Jane and John in an effort to avoid detraction (CCC 2477). They had seven children between 1993 and 2005. John was a teacher and had committed adultery with a 21 year-old student who gave birth in the summer of 2006. On September 11, 2006 a civil divorce was issued which included a "consent order" and the next day John and his adulterous partner obtained a civil marriage license.
The "consent order" has several provisions that appear to be contrary to divine law. Please provide a public authoritative opinion regarding my objections.
1. According to the order, Jane is not to tell the children which parent is to blame for the divorce, or to make any derogatory remarks about John in the presence of the children. If John had committed a civil crime against his daughters, the could be told that Daddy had done something wrong. Adultery is not recognized as a civil crime, and Jane is to remain silent when teaching her children about the moral ramifications of their own life experiences. This is a violation of Jane's right to teach her children the moral tenets of their faith, such as the sixth commandment, "Though shall not commit adultery." In accordance with divine law, it seems Jane should have the right to teach her children the truth about God's plan for marriage and family, which will include that daddy has violated God's plan.
2. The order states that both parents are to jointly make decisions about the children's moral instruction. How can she be forced to join him in teaching morals to her children when he is living an immoral life? John has chosen to live with his adulterous partner. Before Jane would have known about the adultery, Jane submitted to the court complaints about John's behavior, which may canonically justify temporary separation because of abuse (Exegetical Commentary can. 1151). Complaint is dated November 2, 2005. In accordance with divine law, shouldn't Jane have full rights to make decisions about the moral instruction of her children without needing John's approval?
3. The order states that John could force Jane into civil court to change the children's arrangement. John may have already attempted to do this; on May 11th 2007, the circuit court transferred the matter to the Juvenile and Domestic Relations District Court. John, as a Catholic, should not seek civil judgment regarding the separation of his marriage without his bishop's express permission (can 1692). According to Exegetical Commentary on canon law, the ecclesiastic authority is to provide a separation decree which specifies whether the separation requested is according to law, and must include finding regarding the education and support of the children (can. 1151 p. 1574). In accordance with canon law, Jane and John cannot approach the civil court without obtaining the permission of their bishop. The church should provide a separation decree.
4. The order states that the children are to have overnight weekend visits every other weekend with John who now lives with his adulterous partner. They are also ordered to spend four weeks living with him in the summer, and half their holidays with him. However, children have the right to be protected from scandal. By their father's example, they are being taught that committing adultery, abandoning his wife, and possibly abusing her are morally acceptable behaviors. From the adulterous partner's example, the children are learning that having and living with another woman's husband is acceptable. The children are also learning that it is acceptable to take away most of their father's financial contributions to their household. In accordance with divine law, should children be forced to spend overnight visits away from home to visit their father with his adulterous partner?
5. The children were previously home schooled and the civil order states that they are now to be enrolled in public school. This appears to infringe upon Jane's role as the primary educator of her children. "The 'woman', as mother and first teacher of the human being (education being the spiritual dimension of parenthood), has a specific precedence over the man" (Mulieris Dignitatem Sec 19). In accordance with divine law, it seems that Jane should be able to choose how to educate her children, despite John's choice to be an adulterous husband.
6. The order states that John is to pay Jane $2000 per month and Jane could even lose that payment in 2009. But John, as Jane's husband, is obligated to not harm the material wellbeing of his wife or children (can. 1151. p. 1572). By withdrawing his full financial contribution to the marital household, John appears to be violating the rights of his wife and children. Their seven young children have an innate natural need for their mother's nurturing at home, and by being financially devastated, Jane is not free to exercise her right and obligation to nurture her children. Vatican II teaches, "The children, especially the younger among them, need the care of their mother at home. This domestic role of hers must be safely preserved" (Gaudium Et Spes. Sec. 52) In Familiaris Consortio, Pope John Paul II taught that, "society must be structured in such a way that wives and mothers are not in practice compelled to work outside the home, and that their families can live and prosper in a dignified way even when they themselves devote their full time to their own family" (sec. 23, par. 4). In accordance with divine law, it seems that John should continue to contribute his full earnings toward the maintenance of the marital home so long he insists on engaging in his adulterous relationship.
Vatican II and the Catechism call divorce a plague (Gaudium Et Spes sec. 47, CCC 2385). Divorce is a grave offense against nature and immoral. The faith community, children and reliable spouses are harmed when innocent spouses who have legitimate reason for separation follow separation plans that are contrary to divine law. Such plans make no distinction between the reliable spouse and the spouse who violated his own marriage obligations.
I am inviting others to join me in requesting clear teaching, and look forward to your reply. May St. Thomas More who particularly cares about upholding the sanctity of marriage, guide you.
Your sister in Christ,
Bai Macfarlane
Attachments:
John's first person story of his promise to be a serious Catholic © 2000
John's bio describing his level of involvement with Catholic Church © 2004
Divorce decree stating John committed adultery September 11, 2006
Consent order dated September 11, 2006
Certified copy of Marriage License and Certificate, issued September 12, 2006
Photo of adulterous partner with her new baby and the father, John
Order giving juvenile court jurisdiction in child custody and support, May 11, 2007
Copyright Mary's Advocates
