Catholic synod told many Church marriages ‘may be invalid’

The first major address to the extraordinary synod of bishops in Rome today may very well have laid down practical ways for the Church in dealing realistically with Catholics experiencing marriage breakdown.

"Many marriages celebrated in the Church may be invalid," the Primate of Hungary Cardinal Péter Erd, who is general rapporteur for the extraordinary synod, told delegates.

“Despite the words of the liturgy which the bride and groom speak explicitly, many approach the sacrament without clear awareness before the Lord of assuming an unconditional and life-long commitment to welcome the other and make a total gift of the self to the other,” he said.

“Under the influence of the existing culture, many reserve the ‘right’ not to observe conjugal fidelity, to divorce and remarry, if the marriage might not be successful or not be open to life,” he said.

He referred to the prevalence of a divorce mentality in many societies. “The practice of civil courts or tribunals to grant divorces frequently leads parties to enter into a canonical marriage, while reserving the right to divorce and to contract another wedding should difficulties occur,” he said. This “renders a marriage invalid,” he said.

Invalidity process

“To prove that a person did not consider marriage indissoluble, the party who went through with this simulation of marriage needs to admit and attest to the circumstances and other elements,” he said.

In such situations, he said, the invalidity process “could conclude with a declaration by the diocesan bishop, who would also propose a way to raise consciousness and conversion in the concerned party in light of a possible future marriage, where this simulation would not be repeated.”

In the context he suggested “further examining the practice of some of the Orthodox Churches, which allows the possibility of a second or third marriage, marked by a penitential character.”

Divorced Catholics

On divorced and civilly remarried Catholics he noted that “many have said that the distinction needs to be made between the one who is guilty for the break-up of the marriage and the innocent party”.

Contraception

Cardinal Erd also told delegates the 1968 Pope Paul VI encyclical Humanae Vitae, which banned artificial means of contraception, “needs to be re-read, as Pope Paul VI indicated.” It could be ”re-proposed”, taking into account “historical factors and concerns”.

He quoted Paul VI who said Humanae Vitae “is not a full treatment of matters concerning the human being in the field of marriage, the family and integrity in behaviour, vast areas to which the teaching of the Church could, and perhaps should, return with a more inclusive, organic and detailed plan.”

The Cardinal continued that Paul VI “then specified the moral norm cited in the document needs to be considered in light of ‘the law of gradualness’.”

Homosexuality

On homosexuality he said it was quite clear from responses to last November’s questionnaire that “there is a broad consensus that people with a homosexual orientation should not be discriminated against”.

But it was clear that a majority do not expect that gay relationships “be equated with marriage between a man and a woman,” he said.

Discussing the general approach to such issues today, he said, “the Church must have recourse to the medicine of mercy rather than to oppose error with the weapons of rigidity.”