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Analysis of "Where Do You Stand With the Catholic Church? The Dilemma of Divorced Catholics"

Rev. John T. Catoir, J.C.D. Clifton, NJ
http://www.fatherjohncatoir.com/annulments.html linking to article on the internet

Identical article under different title Understanding Annulments. Cincinnati, Ohio: St. Anthony Messenger Press, 1988.
http://www.americancatholic.org/messenger/sep1998/feature1.asp#F5 linking to article on the internet

Mary's Advocate's Analysis

Mary's Advocates submitted this anaysis to the publishers and copied to appropriate Bishops.

Rev. Pat McCloskey, O.F.M.,
Editor, St. Anthony Messenger
28 W. Liberty Street
Cincinnati, OH 45202-6498

Dear Rev. McCloskey,

On your website, you publish the article, "Understanding Annulments," by Rev. John T. Catoir, J.C.D., from the September 1998 issue of St. Anthony Messenger. This article also appears on the author's website under a different title, "Where Do You Stand With The Catholic Church? The Dilemma of Divorced Catholics," and it makes statements that are so incomplete, that readers are mislead about the teaching of Christ and His Church. I hope you can clarify my concerns about Catoir's article, or correct your website so readers will not be misinformed.

DIVORCED PERSONS' STATE OF GRACE NOT QUESTIONED

Fr. Catoir writes:

It should be noted that divorced Catholics are not excommunicated from the Church. They are considered Catholics in good standing and they have the right to receive holy Communion as long as they have not entered an uncanonical marriage (page 2).

Although this may be true in some cases, it is not true in all cases. Any Catholic must be in the state of grace to receive Communion. Thus, if by divorcing, a spouse is not in the state of grace, he or she does not have a right to communion.

The Compendium: Catechism of the Catholic Church teaches that divorce, which goes against the indissolubility of marriage, is a grave sin opposed to the sacrament of Matrimony; and the physical separation of spouses is allowed when for serious reasons their living together becomes practically impossible (Sec, 347: Sec. 348). The Catechism of the Catholic Church, describes divorce as immoral and a grave offense against nature. It also makes a clear distinction between a spouse who has been faithful to one's marriage and is unjustly abandoned compared to a spouse who "through his own grave fault destroys a canonically valid marriage" (par. 2384-2386). Canon 1060 in the Catholic Code of Canon Law requires that all marriages shall be presumed valid until proven otherwise. In Pope John Paul II's 2004 address to the Roman Rota, he explained how sin can be the cause for family breakup and he cautioned that a marriage is not assumed to be invalid because one or both spouses failed to uphold their duty; "... in accordance with human experience marked by sin, a valid marriage can fail because of the spouses' own misuse of freedom" (Sec. 5).

Catechism section 1649 teaches in some cases, living together becomes practically impossible and in these situations "the best solution would be, if possible, reconciliation."

To understand if a divorced Catholic is in the state of grace, it must be determined whether one has a legitimate reason to separate. When the Catechism describes cases in which living together is practically impossible; it reference sections 1151-1155 of the Catholic Code of Canon Law (CCC par 2383, Canon enclosed). The code specifies licit reason for separation: if an innocent spouse is betrayed by an adulterous partner; if an innocent spouse is in grave danger of soul or body caused by the other partner; if children need to be protected from a parent who puts the children in grave danger of soul or body; or if an abusive spouse makes the common life unduly difficult. The Exegetical Commentary of the Code of Canon Law, which is recommended by the President of the Pontifical Council of Legislative Texts, defines the conditions in which "grave danger of soul or body" and "unduly difficult" situations provide licit reasons to separate:

For separation due to physical or moral cruelty to be lawful, the following conditions are necessary:
- it must be grave, such that it makes common life dangerous for the spouse or children;
- it must be repeated, because if it were merely occasional, it would not create the fear for future common life, which justifies the separation;
- and separation must constitute the only means of avoiding the danger involved in common life (canon 1153, p.1585).

Most divorces in the United States do not occur because of these moral reasons described in the canon law. According to a 1988 Gallup poll cited by Mike McManus's work, Marriage Savers, 5% of divorce plaintiffs seek divorce because their spouse is physically abusive, 16% seek divorce because their spouse is a substance abuser, and 17% seek divorce because their spouse committed adultery (McManus 123). The remaining majority of divorces are sought for other reasons, and people seeking divorces for these other reasons have no moral grounds to be separating from their spouse.

The Catechism of the Catholic Church teaches, "For a sin to be mortal, three conditions must together be met: 'Mortal sin is sin whose object is grave matter and which is also committed with full knowledge and deliberate consent'" (par. 1857). Canon 915 teaches, "Those ... who obstinately persist in manifest grave sin, are not to be admitted to holy communion." A spouse who chooses to separate with no licit reason is named a "malicious abandoner" in the Exegetical Commentary Code of Canon Law (1585).

The Catholic Code of Canon Law, Section 1692, limits the circumstances in which it is allowable to even approach the civil court. The canon describes an ecclesiastic process that considers the "particular" circumstances of every couple, and describes when one can approach a civil court for the "merely civil effects of marriage." The Code of Canon Law Annotated, which is recommended by the President of the Pontifical Council of Legislative Texts, explains how canon 1692 specifies the ecclesiastic process that is a "necessary precaution, which prevents the fostering of [government] trials whose judgments violate precepts of divine law, to the detriment of the spouses and with the risk of scandal to others" (Instituto Martin 1324).

The civil divorce routine violates the precepts of divine law because it does not recognize adultery and abandonment as faults. Civil divorce does not acknowledge that an abandoner or abuser has a lifelong responsibility to uphold the "informing principles that constitute the general guidelines for spousal behavior." [...] "Matrimonial life must not involve a detriment to the corporal or material good of the other spouse." [...] "One spouse must not cause the other any detriment to his or her spiritual well being;" [...] "one must not cause any harm to [children's] material or spiritual wellbeing, immorally or culpably" (Instituto Martin 1572). The innocent party and the children should be protected.

With no-fault divorce, children are ordered to regularly leave the parent who wants to keep the family intact, regardless of the negative effect on children's spiritual well being and the "due maintenance and upbringing of children" (canon 1154). Children in traditional families lose full time, stay-at-home parenting. Property is equally split between an innocent spouse and the one who destroys his or her marriage, regardless of the financial devastation this causes to the children or innocent spouse. The innocent spouse often has to pay support for the upbringing of children in a household in which they are not allowed to live. The Exegetical Commentary Code of Canon Law explains that separation should be "an institution for the prevention of future evils for the innocent spouse and children" (Instituto Martin 1570). According to the Church's understanding of separation, when one has been unjustly abandoned, "with invocation of the concept of malicious abandonment, there is an attempt to declare guilty the spouse who has maliciously been absent and to obtain the legal declaration of separation for the one who has been abandoned" with the intent of "specifically protecting compliance with every conjugal and family duty, and penalizing their omission" (Institudo Martin, 1585-1586). Custody, alimony and support orders typically invoked by civil court violate the precepts of divine law, and civil divorce or separation decrees are licit for Catholics only in limited circumstances.

Fr.Catoir's article needs to clarify the difference between those who separate for moral reasons and those who force divorce for immoral reasons; otherwise the article gives the impression that all divorced Catholics are in a state of grace.

CAPACITY TO CONSENT TO MARRIAGE OVERLY QUESTIONED

In Fr. Catoir's writings about annulment, he contradicts expert sources at the Vatican. In Fr. Catoir's description of the "psychic incapacity" to consenting to marriage, he describes, "new knowledge in the field of psychology" and "latent conditions can affect the consent retroactively." One author is quoted, who states that in 75% of the divorces, one spouse is emotionally unhealthy. Fr. Catoir describes his discovery in the early 70's that the Roman Rota was granting annulments for a new broad range of psychic reasons (5).

When the universal code of canon law was promulgated in 1983, two instructive articles were distributed by the Roman Rota judge, Edward Egan. Egan was one of the six canonists who worked as editors on the code of canon law with Pope John Paul II, and the articles were published in the scholarly journal of the Roman Rota, Ephimeridis Iuris Canonici: "Nullity of Marriage for Reason of Insanity or Lack of Due Discretion of Judgement," and "The Nullity of Marriage for Reason of Incapacity to Fulfill the Essential Obligations of Marriage." Fr. Catoir's analysis of psychic incapacity is not supported by the writings of the Rota Judge and canon law editor, Edward Egan.

OBLIGATION TO FOLLOW AUTHORITATIVE TEACHING QUESTIONED

Catholics shall be guided by magisterial teaching authority, but Fr. Catoir states, "the magisterium is one, but only one, informant of conscienceÉ" and "an informed conscience is not always a conformed conscience" (7). According to Vatican II teachings, "discernment in matters of faith is aroused and sustained by the Spirit of truth. It is exercised under the guidance of the sacred teaching authority, in faithful and respectful obedience to which the people of God accepts that which is not just the word of men but truly the word of God" (Lumen Gentium, no. 12, paragraph 2).

INTERNAL FORUM MISREPRESENTED

Fr. Catoir recommends that readers use the internal forum if one "feels he or she has the right to an annulment" (6). He writes:

Once they work through the conscience issue, they may decide to use the internal forum solution. They may consult with a priest-confessor or counselor for advice. A priest cannot marry them because this would be simulating the sacrament, but he may encourage them to follow their conscience if the facts seem to support them (5).

If the facts support that a new couple is free to share conjugal relations, then the facts should be presented to a tribunal and any previous unions would be discovered to be non-binding. If encouraging the couple to follow their conscious means encouraging the couple to have conjugal relations with each other, though one or both of them are married to someone else, Fr. Catoir is encouraging priests to encourage people to commit adultery. The Catechism teaches that people in these irregular unions must be "committed to living in complete continence" (CCC1650).

CONCLUSION

I would be open to understanding if, and how, I am misinterpreting Fr. Catoir. But if I understood him correctly, please make any necessary updates to your website to avoid scandalizing readers.

Sincerely,

Bai Macfarlane

cc:
Most Reverend Arthur J. Serratelli, S.T.D., S.S.L., D.D, Bishop, Paterson New Jersey
Most Reverend John D'Arcy, Bishop, Diocese of Forte Wayne South Bend
Fr. Bruce Piechocki, Judicial Vicar, Diocese of Forte Wayne South Bend
Fred Everett, Director Family Life Office, Diocese of Forte Wayne - South Bend
Most Rev. Roger W. Gries, O.S.B., M.Ed., V.G, Auxiliary Bishop Diocese of Cleveland
Most Reverend Richard Lennon, Bishop of Diocese of Cleveland
Bill Boomer, Director Marriage and Family Office, Diocese of Cleveland
Irene Varley, Director, North American Conference of Separated and Divorce Catholics
Most Reverend John J. Nevins, Bishop, Diocese of Venice
Most Reverend Raymond Burke, Archbishop of St. Louis, member Apostolic Signatura

Enclosures:
"Understanding Annulments" St. Anthony Messenger
"Where Do You Stand With The Catholic Church? The Dilemma of Divorced Catholics," www.fatherjohncatoir.com
Code of Canon Law, Section 1151-1155
Works-Cited List

Code of Canon Law
Section 1151-1155

ARTICLE 2: SEPARATION WHILE THE BOND REMAINS
Can. 1151 Spouses have the obligation and the right to maintain their common conjugal life, unless a lawful reason excuses them.
Can. 1152 ¤1 It is earnestly recommended that a spouse, motivated by christian charity and solicitous for the good of the family, should not refuse to pardon an adulterous partner and should not sunder the conjugal life. Nevertheless, if that spouse has not either expressly or tacitly condoned the other's fault, he or she has the right to sever the common conjugal life, provided he or she has not consented to the adultery, nor been the cause of it, nor also committed adultery.
¤2 Tacit condonation occurs if the innocent spouse, after becoming aware of the adultery, has willingly engaged in a marital relationship with the other spouse; it is presumed, however, if the innocent spouse has maintained the common conjugal life for six months, and has not had recourse to ecclesiastical or to civil authority.
¤3 Within six months of having spontaneously terminated the common conjugal life, the innocent spouse is to bring a case for separation to the competent ecclesiastical authority. Having examined all the circumstances, this authority is to consider whether the innocent spouse can be brought to condone the fault and not prolong the separation permanently.
Can. 1153 ¤1 A spouse who occasions grave danger of soul or body to the other or to the children, or otherwise makes the common life unduly difficult, provides the other spouse with a reason to leave, either by a decree of the local Ordinary or, if there is danger in delay, even on his or her own authority.
¤2 In all cases, when the reason for separation ceases, the common conjugal life is to be restored, unless otherwise provided by ecclesiastical authority.
Can. 1154 When a separation of spouses has taken place, provision is always, and in good time, to be made for the due maintenance and upbringing of the children.
Can. 1155 The innocent spouse may laudably readmit the other spouse to the conjugal life, in which case he or she renounces the right to separation .

Copyright 1983 for the Codex uris canonici, by the Holy See. Copyright for the English language translation of the Code of Canon Law by IntraText Digital Library, Dr. Francesco Mastidoro, éulogos S.p.A., Via Cimone, 59 I00141 Roma

Works-Cited List

Catoir, Rev. John T., "Understanding Annulments." St. Anthony Messanger. Sep. 1998 .

Catoir, Rev. John T., "Where Do You Stand With The Catholic Church? The Dilemma of Divorced Catholics." Fr. John Catoir. .

IntraText Digital Library. English Translation of the Code of Canon Law. Roma, Intra Text Digital Library.

Instituto Martin de Azpilcueta. Code of Canon Law Annotated Second edition revised and updated of the 6th Spanish language edition. Woodridge, IL: Midwest Theological Forum, 2004.

Instituto Martin de Azpilcueta. Exegetical Commentary Code of Canon Law. Ed. Angel Marzoa, Jorge Miras, Rafael Rodriguez-Ocana. Woodridge, IL: Midwest Theological Forum, 2004.

Libreria Edetrice Vaticana, and United States Conference of Catholic Bishops. Compendium Catechism of the Catholic Chruch. Washington, DC: USCCB Publishing, 2006.

Libreria Edetrice Vaticana, and United States Catholic Conference, Inc.. Catechism of the Catholic Church. Washington DC: United States Catholic Conference, Inc., 1994.

McManus, Michael J. Marriage Savers,: Helping Your Family and Friends Avoid Divorce. Grand Rapids, MI: Zondervan Publishing House, 1995.

Pope John Paul II. Address. Address of John Paul II to the Members of the Tribunal of the Roman Rota for the Inauguration of the Judicial Year 29 Jan. 2004.

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