Sheryl Temaat is a free lance writer who has written articles for Homiletic and Pastoral Review about the annulment scandal in America. Her most recent article was Judging invalidity the American way. Copied below are some excerpts from Dignitas Connubii with Tamaat's comments following in italic.
1095.2 & 3, concerning capacity to consent and "lack of due discretion"
Art. 203.1 In causes concerning
impotence or a defect of consent because of a mentis morbum (mental sickness
or disease) or because of the incapacities described in can. 1095, the
judge is to employ the assistance of one or more experts, unless from the
circumstances this would appear evidently useless. ([Temaat's
note]As in he or she is obviously not in control of mental faculties, I
would surmise this means.)
The experts, besides being required
to adhere to the principles of Christian anthropology, are to be commended
"for their religiosity and honesty." Art. 205.1-2.
Art. 206 Experts can be
excluded or exception can be taken to them.(write
out your objections; i.e., this man/woman doesn't even believe in God).
Art. 209.1 In causes of incapacity,
according to the understanding of can. 1095, the judge is not to omit asking
the expert whether one or both parties suffered from a particular habitual
or transitory anomaly at the time of the wedding; what was its seriousness;
and when, from what cause and in what circumstances it originated and manifested
itself. (According to Fr. Wrenn, not liking any
of the gifts he gave her was something she suffered from before the wedding.
But that anomaly did not surface until he actually gave her the gifts at
various times during the marriage. Judging Invalidity, lack of due competence,
pp. 12-18)
Art. 209.2
1 in causes of defectus usus
rationis (defect in the use of reason), he is to ask whether the anomaly
seriously disturbed the use of reason at the time of the celebration of
the marriage; and with what intensity and by what symptoms it manifested
itself;
2 in causes of defectus discretionis
iudicii (defect of discretionary judgement), he is to ask what was the
effect of the anomaly on the critical and elective faculty for making serious
decisions, particularly in freely choosing a state in life;
3. finally, in causes of incapacity
to assume the essential obligations of marriage, he is to ask what was
the nature and gravity of the psychic cause on account of which the party
would labour not only under a serious difficulty but even the impossibility
of sustaining the actions inherent in the obligations of marriage.
4. The expert. . .is to respond.
. ..according to the precepts of his own art and science; he is to take
care lest he exceed the limits of his task by giving forth judgements which
pertain to the judge. (He's not to comment on
what pertains to God's domain over marriage.)
According
to Fr. Wrenn (Judging Invalidity, lack of due discretion, pp. 12-18) this
is the report of Philip Cotinga, M.D., the Court-appointed psychiatric
expert:
"Diagnostically
Melissa has, and had at the time of the wedding, a Major Depression and
a moderate to severe Narcissistic Personality Disorder.
"All of
this stems from her childhood and adolescence. At the time of the wedding
she had definite abandonment issues concerning both her father who died,
and her mother who turned her attention to another man. Melissa, as a
result, felt alone, and it was partly because of this that she picked up
with Bradford.
"Melissa
had very complicated motives in entering this marriage. She was depressed
and did not really love Bradford for himself but rather for what he could
provide. She then stayed with the marriage even though she was unhappy,
because she could not accept defeat. A defeat would be another black mark,
and would cause her to become even more depressed. She had lots of fears
and was not equipped for intimacy.
"It is
also clear that she relied on externals and on material things, which is
typical of the narcissist, and that she engaged in narcissistic defenses,
protecting herself by putting a hard shell around herself so that no one
could get close to her. She suffered from low self-esteem, self-absorption,
and a need for attention and admiration. She lacked empathy and feared
intimacy but, at the same time, felt deprived of the love and affection
that other couples had. This feeling of deprivation, incidentally, is
quite characteristic of the person with a Narcissistic Personality Disorder.
Such people tend to compare themselves to others, whom they always find
happier.
"Melissa,
in my judgment, is not really capable of loving a man. She has very strong
defenses against affection towards a man, and this has rendered her incapable
of both giving and receiving love."
Article
35, §3.
With particular
reason it is necessary that they (Article 35, §1 "All who make up
the tribunal or assist it must take an oath" (can. 1454)) study the jurisprudence
of the Roman Rota, since it is responsible to promote the unity of jurisprudence
and, through its own sentences, to be of assistance to the lower tribunals
(cf. Pastor bonus, art. 126)
Art. 65.1
A judge, before he accepts a cause and whenever he perceives the hope of
a good outcome, is to employ pastoral means to convince the spouses, if
this can be done, to convalidate the marriage and reestablish conjugal
life (can. 1676)
I would
rewrite this to say: A judge, before he accepts a cause is to employ all
means available, including what Jesus said about divorce and remarriage
amounting to adultery, and adultery excluding one from heaven, to encourage
the spouses to reestablish conjugal life.
"Whenever
he perceives the hope of a good outcome," and "if this can be done" almost
doom a good outcome before the words are out of a judge's mouth. People
think they can't do this hard stuff anymore. But what they go on to do
usually turns out worse than the first marriage.
Art. 75,
Art. 111. Punishments include a prohibition by the bishop from practicing
in the tribunal.
Several
sections refer to the punishments that judges and other ministers of the
tribunal who commit offenses again the office entrusted to them
Art. 268.1
If in the grade of appeal a new ground of nullity is proposed, the tribunal
can, as if in first instance, admit it, with due observance of artt. 114-126,135-137,
and make a judgement concerning it (cf. can. 1683).
2.
For validity, however, the hearing of that new ground in the second or
higher instance is preserved to a tribunal of the third or higher grade
of trial.
3.
If a sentence in favour of the nullity of marriage on the basis of that
new ground is given as if in first instance, the competent tribunal is
to proceed in accordance with art. 265.1.
Since we
have been informed that failure to follow proper procedures is the most
common reason why the Rota overturns decrees of nullity from U.S. tribunals,
it is very important that we be aware of those procedures and keep on top
of them throughout the process.
The second
reason is that the Rota doesn't accept the evidence for grounds like lack
of due discretion, lack of due competence, and failure to form a communion
of life that U.S. tribunals, shall we say, make up as they go.
Art. 229.3 Therefore the judge by the same decree must permit the parties and their advocates to examine the acts not yet known to them, without prejudice to art. 230, at the chancery of the tribunal.
Art. 230 In order to avoid very serious dangers, the judge can decree that some act is not to be shown to the parties, with due care taken however that the right of defense remains intact.
Art. 231 The violation of the prescription given in art. 229.3 brings with it the remediable nullity of the sentence, but in a case in which the right of defense was actually denied it brings irremediable nullity (cf. can. 1598.1; 1620, n. 7; 1622, n.5).
In other words, if a respondent wasn't shown the acts, the decree of nullity is null. And that means that the marriage is valid.