Cardinal Walter Kasper has come increasingly under fire from fellow cardinals and others in the Church for his comments about marriage, divorce and Communion. While some are concerned by these visible disagreements, and Cardinal Kasper himself having even suggested that his critics are personally attacking him and Pope Francis, this really is simply what Pope Francis has said he wanted: open and free discussion about the topics that the Synod will devote its time to next month. And while I usually don’t want to commit myself to stark distinctions between left and right, orthodox and liberal, in this discussion it really does seem that those who want the Church to change or loosen up her teachings are honestly insulted by those who disagree.
In an interview for Vatican Radio, Cardinal Kasper commented on the situation. I have translated some of his answer which I think are most interesting in this context.
“Of course everyone has the right to publicly state their opinion. Nothing can be brought against that. But I wonder if the entire Synod is not being reduced to a single point. It is about the pastoral challenges in the context of the new evangelisation. That is far broader field. An insider problem is being place at the centre here. What matters is to be able to speak again and discuss the beauty and the Christian understanding of the family, which many today no longer know – it is about far more fundamental problems than simply this one. And secondly: what sort of understanding of the Gospel is this? It is the Good News. One can’t turn it into just a legal codex alone and then say that there can be no discussion about this point anymore. That makes the Synod a joke. Nobody has the right to say in advance what is possible and what is not. The Pope wants an open discussion, and that should be held. Then, in the Synod, to listen quietly to one another, in an atmosphere of prayer, and the in the end make a decision for the good of the faithful. I will not enter into polemics.”
“Without doubt the family is the cell of society and the cell of the life of the Church. In the family, in marriage and family, life and faith come closest together. It is an essential reality of life which has been raised to the glory of a sacrament. In that way it is a very vital and central issue for the Church to stand for marriage and family and offer solutions for the crisis that exists today. It is about these pastoral challenges, which is the theme of the Synod, not a war of doctrine. Of course, pastoral care is impossible without being oriented on the truth. But the truth is not an abstract system, but in the end it is Jesus Christ in person, and we need to bring the people close to Christ. In that sense the Synod must be oriented on the truth and understand Tradition as a living and bubbling spring and not as a rigid system.”
“I have posed a question, not simply suggested a solution. And I posed that question in agreement with the Pope. That’s very important for me. I asked, “When a marriage has failed one should do everything to repair it. But when there is no way back, when someone has entered into a new relationship which is, humanly speaking, a happy one, lived in a Christian fashion, when there are children, one can’t give up this new relationship without serious consequence. And we must also see how God offers new chances – and God does. That is His mercy, that He does not let go of anyone of good will. And everyone does what he can in their situation. And I think that this should be pastorally clarified in every individual case, after a period of orientation. That is called the ‘Via poenitentialis’ – but those involved suffer enough already without it. They do not need to perform great acts of penance. But a new orientation is necessary. That should be the sacrament of penance – that is why we have it – and the sacrament of penance also means re-admission to the Eucharist. But as I said, that is not the solution for all cases, presumably for a minority of all people who live in our communities, who suffer from it and have an honest desire for the sacraments, who urgently need the sacraments to deal with their difficult situations.”
In general it is hard to disagree with much of what the cardinal says. He is very right that the entire Synod is indeed being reduced this single topic (and his perceived opponent Cardinal Burke recently said the exact same thing). His words about the importance of family and the Church’s defense of and communication about it are also very important, as are his concerns for those who are involved in a good, Christian, loving second relationship while their first marriage is still canonically valid. There is a problem there, but not with the quality of the second relationship.
And that’s were the problem of the discussion lies. Too many people shift the focus to those second relationships and how the mean Church wants to destroy them and the happiness of those involved. That is a clear untruth. The fact remains that a marriage is a sacrament, and therefore something that can’t be broken by human hands (we simply need to listen to Christ’s words: “What God has joined, let not man put asunder” (Mark 10:9)). So when a marriage exists (we’re looking at pure existence here, not quality), there can’t be a second marriage next to it. This is, in essence the basis of the argument. All discussion and, indeed, pastoral care needs to be built on it. And at the latter the Synod will look in detail.
Cardinal Kasper’s mistake, in my opinion, is that he sweeps aside this basis when he says, “One can’t turn [the Gospel] into just a legal codex alone and then say that there can be no discussion about this point anymore. That makes the Synod a joke. Nobody has the right to say in advance what is possible and what is not.” There must be discussion, certainly, for the good of the faithful. But there are also parameters, which are set by Christ. If we want to follow Him, we must accept and work within His parameters. The Codex of Canon Law is the result of centuries of understanding these parameters and translating them for a host of situations, places and times. There must always be such development, and in that sense the law can change. But it can not be overwritten, swept aside or corrected as if what was once true no longer is. In the end it reflects the Truth that is its founder, Jesus Christ.
The Synod will certainly look at the law, but not in order to change it. No, it will concern itself with translation and communication. How can the pastoral care that the Church now offers be improved, so that what she asks the faithful is also possible for them to achieve. In a recent interview Cardinal Burke said, “It simply makes no sense to talk about mercy which doesn’t respect truth. How can that be merciful?” He’s right. Truth and mercy are not separate. How is it merciful to encourage someone to move further away from the truth that he or she wants to follow? And how are we true to what Christ’s asks of us if we show false mercy?