Benedict XVI: There "is only one marriage ... a real juridical bond between a man and a woman."

Vatican Information Service reports on a strong address given earlier today by Pope Benedict XVI regarding the true nature of marriage:

VATICAN CITY, 22 JAN 2011 (VIS) - This morning in the Vatican, Benedict XVI received the dean, judges, promoters of justice, defenders of the bond, officials and lawyers of the Tribunal of the Roman Rota, for the occasion of the inauguration of the judicial year.

  In his address the Holy Father examined the juridical aspect of marriage which, he said, "is inherent to the pastoral activity of preparation for and admission to marriage".

  The Pope highlighted how "there is only one marriage, which is, by its fundamental nature, a real juridical bond between a man and a woman. It is upon this bond that authentic married life and love rests. ... The juridical aspect is intrinsically linked to the essence of marriage".

  "It is in this light that the right to get married, or the 'ius connubii', should be seen", he said. "It is not some subjective pretext which must be fulfilled by pastors through a mere formal and independent recognition of the effective existence of a union. The right to contract marriage presupposes that the parties can and do intend to celebrate it properly; that is, in the truth of its essence, as taught by the Church. No-one has the right to a marriage ceremony; 'ius connubii' refers to the right to celebrate an authentic marriage".

  "It must never be forgotten that the immediate objective of preparation [for matrimony] is that of promoting the free celebration of a true marriage; in other words, creating a bond of justice and love between the spouses; a bond which possesses the characteristics of unity and indissolubility, which is ordered for the good of the spouses and the procreation and education of their children and which, among the baptised, represents one of the Sacraments of the New Covenant. This does not mean that some extrinsic ideological message is addressed to the couple, nor that a cultural model is imposed upon them. Rather, they are put in a position in which they are able to discover the truth of the natural inclinations and capacity for commitment which are inscribed in their man-woman relationship. This is the foundation of the law as an essential component of matrimonial relations: it is rooted in the natural potential of the spouses and actualised by their consensual [reciprocal] donation".

  The Holy Father then turned his attention to "the means of ascertaining whether the project of the betrothed is truly directed at marriage", foremost among them "the pre-matrimonial examination. The aim of this", he said, "is principally juridical: to ascertain that nothing stands in the way of the valid and legal celebration of the marriage. Juridical, however, does not mean formulaic, as if it were some bureaucratic routine consisting in the compilation of a form on the basis of ritual questions. Rather, it is a unique pastoral opportunity, ... as the pastor seeks to lead the parties to a serious examination of the truth about themselves and about their human and Christian vocation to marriage. In this sense dialogue, always conducted separately with each of the two fiances (though without undervaluing the importance of other interviews with them as a couple) requires a climate of complete sincerity in which emphasis should be given to the fact that the betrothed are those who are most interested, and most obliged in conscience, to celebrate a valid marriage".

  "With the various means available for careful preparation and verification, it is possible to develop effective pastoral activities aimed at avoiding the nullification of marriages. Every effort must be made, insofar as possible, to break the vicious circle which often arises between automatic admission to marriage without adequate preparation or a serious examination of the requirements laid down for its celebration, and a juridical declaration, sometimes equally automatic but of an opposing tendency, in which the marriage is considered null only on the basis of the ascertainment of its failure".

  In this context, Benedict XVI highlighted the need for the necessary training in basic aspects of canon law "for all pastoral workers, especially those who operate in the field of the pastoral care of families".

  The work of ecclesiastical tribunals must "transmit a univocal message concerning the essential aspects of marriage, in harmony with the Magisterium and with canon law, speaking with a single voice", said the Pope. Referring then to "causes concerning consensual incapacity", he pointed out that, "unfortunately, many incorrect positions still remain, such as that of identifying the discretion of judgement required for marriage with the prudence it is to be hoped people will show in deciding to wed. This confuses a question of capacity with another question which is unrelated to validity, rather it concerns the degree of practical wisdom with which a decision - but in any case an authentically matrimonial decision - was taken. And the misunderstanding would be even more serious if we were to attribute invalidating power to imprudent choices made during married life.

  "Regarding nullity through exclusion of the essential properties of marriage, there must be a serious commitment to ensure that juridical pronouncements reflect the truth of marriage, the same truth which must illuminate the moment of admission to wedded state", the Holy Father added. In this context, he made particular mention of "the exclusion of 'bonum coniugum'" which, he said, seems to involve the danger "of seeking reasons for nullity in forms of behaviour which are not related to the constitution of the conjugal tie but to its realisation in life".

  The Pope went on: "It is important to resist the temptation of transforming simple shortcomings the spouses may show during their married life into defects of consent. In fact, true exclusion only comes about when the ordering of marriage towards the good of the spouses is ... excluded by a positive act of the will".

  Finally, the Pope returned to the question of the relationship between law and pastoral care. "In all sectors", he said, "and especially in the field of marriage and the family, it is important to encourage ... profound harmony between pastoral care and the juridical sphere, which will certainly prove fruitful in the service we offer to those who are approaching marriage".

Related IgnatiusInsight.com Articles and Book Excerpts:

• The Challenge of Marriage Preparation | Dr. Janet E. Smith
• Focus Groups and Marriage: A Match Made for Heartache | Mary Beth Bonacci
• Entering Marriage with Eyes Wide Open | Edward Peters
• Marital and Family Commitment: A Personalist View | Monsignor Cormac Burke | Ignatius Insight
• Human Sexuality and the Catholic Church | Donald P. Asci | Introduction to The Conjugal Act as a Personal Act
• Who Is Married? | Edward Peters
• Marriage and the Family in Casti Connubii and Humanae Vitae | Reverend Michael Hull, S.T.D.
• Male and Female He Created Them | Cardinal Estevez

Comments

[Karl]

Empty words in practice yet full of meaning, for sure. But when a
marriage found valid cannot engender the support pastorally or
juridically from a priest or his bishop, to take positive acts,
concretely, to bridge the wounded relationships among
sacramentally united spouses, the same poverty is present
which Mother Teresa saw resulted in abortion.

The poverty, is the same.

The death which results is the same.

[Sophia]

Bravo, Karl...Thank you so much for your comment!!! My sentiments exactly and I could not have stated it any better, or even nearly so well and susinctly. I could however expound with examples from experiance supporting EVERYTHING you have said here...but I won't; it's too personal and the betrayal all around, too painful! But again, I thank you for your words here...they need very much to be heard and heard with "ears that can hear", especially within the Church!!! The wreckage from broken marriages, Catholic & non-Catholic alike, is legion and a HUGE player in "the Culture of Death"!

[Charlie B]

Karl, I've written you in the past. I have nearly 30 years exp in marriage prep, and wrote a still-published 4 sesssion program on infant baptism aimed at strengthening the couple relationship, with sacramental prep as the portal. I was a 3 year lay advisor to the USCCB in the early 90s. This is not a commercial. I'm in the private sector now, because I burned out caring more about this crisis in marriage than I perceive our bishops do. They've published yet another document instead of taking action.
Pope Benedict said something I've long wondered (if I understood): couples may have a natural right to marriage, but not an absolute right to the sacrament.

Regardless, given the grounds of nullity, pastoral leaders cannot get at the roots of invalidity in current marriage prep programs and structures. I've written four testimonies. As much as I dislike the need for Declarations, I believe in some cases they are warranted. WHile we cannot completely prevent divorce, the crisis in marriage over the last 50 years certainly deserves as much action as action the Bishops took to remedy seminary formation in light of the clergy sex abuse scandal. Orders and Matrimony are in the same chapter of the Catechism. Wringing our ecclesial hands about annulments is a waste of time if we're not willing to do something new and different. Otherwise it looks like Orders is the more important sacrament. I guess celibate vocations grow on trees?

Finally, as I see it, the church has 4 opportunities to strengthen the domestic church - the root system of ALL vocations: At marriage, infant baptism, and the sacraments of Reconciliation, Eucharist and Confirmation. This schema would accompany a couple over a 15 - 25 year period, where at a minimum they currently have less than 40 total contact hours at those intersections (most around marriage prep). I suspect pastors worry about asking too much of couples/parents. I guess we can continue colluding with their being "evangelized" instead by the Fockers, Two and a Half Men, Modern Family, The Kids are Alright, Desperate Housewives, and the latest MTV offering "Skins" etc. etc. Heck, how often to we even pray for the vocation of marriage in general intercessions?

Having worked for a diocese and a parish, I can tell you most documents end up on chancery or parish book shelves, or in the circular file. Until and unless the Bishops decide to take structured, permanent pastoral action to strengthen marriage, orthodoxy about marriage matters little. But it will take a lot of courage to do so. That's what I believe, and I'm sticking to it! Thanks for this site.
(Feast of the Conversion of St Paul).

[Brad]

An Italian bishop, at his elevation party, presented his ring to his mother to jokingly kiss. She slapped his hand down and held up her wedding ring, saying, "If not for this, you wouldn't have that."

[David]

"It is important to resist the temptation of transforming simple shortcomings the spouses may show during their married life into defects of consent."

It would also be a good idea to stop using and creating canon laws to cover up the essence of marriage, as it was revealed "in the beginning". The essence is mutual consent between never married or widowed people. The presence of a Church witness or a priest is superfluous and often used to delegitimize otherwise legitimate marriages, to thereby allow legitimately married but separated spouses to enter into second "marriages" with new "spouses" "in the Church".