The last big contribution of the German language group, their commentary on the third part of the Instrumentum laboris. There are several interesting elements in it, to begin with the first paragraph in which the Synod fathers strongly criticise the comments of some of their colleagues about what happens in the deliberations. They also criticise a too-strict application of the rules, and especially the language used in doing so.
Despite the expectations of some, the group also comes out strong in defence of the family and magisterial documents sich as Humanae vitae and Familiaris consortio.
The most difficult topic is left until last: the question of allowing divorced and civilly remarried faithful access to the sacraments? The German language group seems to be in favour of it, but also emphasises that this is a decision that needs to be made in the internal forum, in conversation between the people concerned and the priest accompanying them, and it involves some tough questions.
The German original is here, and my translation follows:
We have witnessed with great concern and regret the public statements from certain Synod fathers about persons, content and course of the Synod. These contradict the spirit of walking together, the spirit of the Synod and its fundamental rules. The imagery and comparisons used are not simplistic and false, but also hurtful. We firmly distance ourselves from these.
It is a joint desire of the German language group to complement the title of the Relatio finalis, “The Vocation and the Mission of the Family in the Church and the Contemporary World”, with the subtitle “Considerations and suggestion for the Holy Father, Pope Francis, in order to better express the classification of the text, which is not a decisive document. We recommend for the introduction a mention of the global questionnaire and an expression of gratitude and esteem.
Regarding a clearer emphasis on the family as subject of pastoral care it should be specified that Christian families are call to witness of the Gospel of marriage which has been entrusted to them. The Christian spouses and families are part of a new family of Christ, His Church. In that way the spouses can be a sacrament for the world. The “new family of Jesus Christ”, the Church, should encourage, strengthen and enable the spouses to be such witnesses. This allows, after all, the Church to always learn from the spouses’ and families’ experiences of life and faith.
Here, a confession was important to us: wrongly understood efforts to uphold the Church’s teachings time and again led to hard and merciless attitudes, which hurt people, especially single mothers and children born out of wedlock, people living together before or in place of marriage, homosexually oriented people and divorced and remarried people. As bishops of our Church we ask these people for forgiveness.
We have also spoken extensively about the relation between speech, thought and action, especially regarding a humane understanding of human sexuality. A suitable and renewable language is is crucial, in the first place for the introduction of adolescent children and youth to a mature human sexuality. This is in the first place the task of the parent and can not be left to education at school or media and social media alone. Many parents and pastoral workers find it difficult to find an appropriate and at the same respectful language which places biological sexuality in the overall context of friendship, love, enriching complementarity and the mutual commitment of woman and man.
The working group found it important to emphasise that the Christian conviction in its basis assumes that God has created humanity as man and woman and has blessed them so that they become one flesh and fruitful (cf. Gen. 1:27 onwards; 2:24). In their equal personal dignity, as in their distinctiveness, man and woman are Gods good creation. Although, according to the Christian understanding of the unity of body of soul, biological gender (“sex”) and social-cultural gender roles (“gender”) are analytically different from one another, they can not be fundamentally or arbitrarily separated. All theories that regard human sexes as a subsequent construct and encourage an arbitrary social interchangeability, are te be rejected as ideologies. The unity of body of soul includes that the concrete social self-image and social role of men and women in cultures are different and subject to pronounced change. Therefore, the awareness of the full personal dignity and the public responsibility of women is a positive sign of the times that the Church values and encourages (cf. Pope John XXIII, Pacem in terris, 22).
We have spoken about the connection between the sacraments of baptism and marriage and the necessity of faith.
The Catholic confession about marriage is based on the word of the Lord in Scripture and the Apostolic Tradition and is faithfully retained in its substance through the magisterium. Nevertheless, there are tensions between the dogmatic, moral-theological and canonical approaches in the theological development, which can lead to difficulties in pastoral practice.
For example, the axiom “every marriage contract between Christian is a sacrament per se” must be reconsidered. In societies that are no longer homogeneous Christian, or countries with different cultural and religious backgrounds, a Christian understanding of marriage can no longer be readily assumed, even among Catholics. A Catholic without faith in God and His revelation in Jesus Christ can not automatically enter into a sacramental marriage without or even against his knowledge or will. He lacks the intention to at least want what the Church understands as marriage. Although the sacraments are not effective through the faith of the recipient, they, but also not without or regardless of him; At the least, the grace remains fruitless, when it is not received freely and willingly with faith determined by love.
The question also arises among our fellow Christians whose religious convictions deny the sacramentality of marriage (with its essential properties), if a sacramental marriage has occurred despite this. This does not mean that the validity of non-Catholic marriages is denied by the Church, or that the the work of God’s mercy in non-sacramental marriages is questioned. We acknowledged the variety of studies about this question and recommend and deeper study of these questions with the goal of a new magisterial reappraisal and a greater coherence of the dogmatic, moral-theological and canonical statements about marriage with pastoral practice.
We have an addition to interfaith marriages: In view of the topic of interfaith marriage the positive aspects and the special vocation of such a marriage must be mentioned in the first place, as the non-Catholic Christians are in no way outside the one Church, but are a part of it through Baptism and a certain, if imperfect, communion (cf. Unitatis redintegratio, 3). Interfaith marriages may also be considered as house churches and have a specific vocation and mission, consisting in the exchange of gifts in the ecumenism of life.
In view of the importance of the family in society and state, the working group underlines as starting point, that marriage and family precede the state. They are basis and “vital cell of society” (Apostolicam actuositatem, 11). There can be no common life without family. The political community is therefore obliged to do everything to enable and permanently promote this “vital cell”. The repeatedly bemoaned “structural disregard” for the family must be overcome. The means for that are in the first place access to housing and work, the facilitation of education and childcare, as well as fairer benefits for families in tax legislation which acknowledges in equitable manner what families give to society. It should ne clear: not the family must be subordinate to economic interests, but vice versa. The family is at the heart of Catholic social teaching, which is an indispensable part of the Church’s proclamation and evangelisation. All Christians are called to be engaged in the field of the political design of social coexistence and so to help families live better lives and flourish. Additionally, politicians must especially observe the principle of subsidiarity and not restrict the rights of families. Here, the “Charter of the Rights of the Family” must be noted. The Church as a whole must play an active and exemplary part with her engagement in the realm of family education, child care, schools, counseling centers and institutions for family aid.
In view of marriage preparation it was a concern of the working group to point out that a short conversation or a brief introduction do not suffice. Since many couples are unable to build upon an education marked by faith, the introduction of a marriage catechumenate is strongly recommended, taking at least several months, to really come to a mature “yes”, carried by faith, that is aware of the finality of the marriage covenant and trusts in God’s faithfulness.
The aspect of responsible parenthood was one of the central discussion topics in the working group. According to the order of God’s creation, the marital love of husband and wife and the transmission of human life are ordered towards one another. God has called man and woman to participate in his work of creation and at the same time as interpreters of His love and placed the future of mankind in their hands. Husband and wife should realise this mission of creation in responsible parenthood. Before the face of God, and with consideration of their medical, economic, psychological and social situation, their own wellbeing and the wellbeing of this children, as well as the wellbeing of the greater family and society, they will decide the number and spacing in time of their children (Gaudium et spes, 50). According to the integral personal and human character of conjugal love the right way of family planning is the consensual call of the spouses, the consideration of the rhythm and the respect for the dignity of the partner. In this sense the Encyclical Humanae vitae (10-12) and the Apostolic Letter Familiaris consortio (14, 28-35) should be redeveloped and the willingness to have children be awakened, contrary to a mentality that is often hostile to life and partly to children.
Young spouses should be encouraged time and again to give life to children. This will make the openness to life in family, Church and society grow. The Church, with her numerous facilities for children contribute to a greater childfriendliness for children in society, but also in the Church. Observing responsible parenthood requires the formation of conscience. Conscience is “the most secret core and sanctuary of a man. There he is alone with God, Whose voice echoes in his depths” (Gaudium et spes, 16). The more spouses set out to listen to God in conscience, and the more they allow themselves to be guided spiritually, the more their decisions will be inwardly free from affective inclinations and the adaptation of their behaviour to society. For the sake of this freedom of conscience the Church strongly rejects forced government measures in favour of contraception, sterilisation or even abortion.
We have also debated extensively about the integration of divorced and civilly remarried people in the Church community.
It is known that there has been strong struggle, in both sessions of the Synod of Bishops, about the questions of whether and to what extent divorced and remarried, faithful, when they want to take part in the life of the Church, can, under certain circumstances, receive the sacraments of Confession and the Eucharist. The discussions have shown that there are no simple and general solutions to this question. We bishops have experienced the tensions connected to this question as many of our faithful, their concerns and hopes, warnings and expectations have accompanied us in our deliberations.
The discussions clearly show that some clarification and explanation to further develop the complexity of these questions in the light of the Gospel, the doctrine of the Church and with the gift of discernment. We can freely mention some criteria which may help in our discernment. The first criterium is given by Pope Saint John Paul II in Familiaris consortio 84, when he invites us: “Pastors must know that, for the sake of truth, they are obliged to exercise careful discernment of situations. There is in fact a difference between those who have sincerely tried to save their first marriage and have been unjustly abandoned, and those who through their own grave fault have destroyed a canonically valid marriage. Finally, there are those who have entered into a second union for the sake of the children’s upbringing, and who are sometimes subjectively certain in conscience that their previous and irreparably destroyed marriage had never been valid”. It is therefore the duty of the pastors to travel this path of discernment together with those concerned. It would be helpful to take, in an honest examination of conscience, the step of contemplation and penance together. The divorced and remarried should then ask themselves how they dealt with their children when their marital Union fell into crisis? Where there attempts at reconciliation? What is the situation of the partner left behind? What is the effect of the new relationship on the greater family and the community of faithful? What is the example for the young who are discerning marriage? An honest contemplation can strengthen trust in the mercy of God, which He refuses no one who brings their failures and needs before Him.
Such a path of contemplation and penance can, in the forum internum, with an eye on the objective situation in conversation with the confessor, lead to personal development of conscience and to clarification, to what extent access to the sacrament is possible. Every individual must examine himself according to the word of the Apostle Paul, which applies to all who come to the table of the Lord: “Everyone is to examine himself and only then eat of the bread or drink from the cup; because a person who eats and drinks without recognising the body is eating and drinking his own condemnation. That is why many of you are weak and ill and a good number have died. If we were critical of ourselves we would not be condemned” (1 Cor. 11:28-31).
Like those of the first two parts, the modi to the third part of the Instrumentum laboris were worked upon in a good synodal spirit and adopted unanimously.
Almost a month since the publication of Amoris laetitia, it becomes untenable to claim that the notorious footnote 351 somehow opens the door for divorced and remarried Catholics to receive Communion. The debate is far from over, but over the course of the past weeks there have been an increasing number of authorities who explained that, no, this is not what the Pope intended to say. Cardinals Christoph Schönborn – named by Pope Francis to have given the right interpretation of the entire document -, Walter Brandmüller and Gerhard Müller are among these. The teaching on the subject as written down by Pope Saint John Paul II in Familiaris consortio remains current. And it couldn’t be any different, as Cardinal Burke also emphasised: an Apostolic Exhortation does not have the intention or authority to change doctrine.
“We have extensively discussed the concepts of mercy and truth, grace and justice, which are constantly treated as being in opposition to one another, and their theological relationships. In God they are certainly not in opposition: as God is love, justice and mercy come together in Him. The mercy of God is the fundamental truth of revelation, which is not opposed to other truths of revelation. It rather reveals to us the deepest reason, as it tells us why God empties Himself in His Son and why Jesus Christ remains present in His Church through His word and His sacraments. The mercy of God reveals to us in this way the reason and the entire purpose of the work of salvation. The justice of God is His mercy, with which He justifies us.
In an 
Shortly after the retirement of Archbishop Robert Zollitsch as ordinary of Freiburg im Breisgau, someone in that archdiocese pushed through a proposal to allow remarried Catholics to receive the sacraments. This caused some consternation, not least in the Vatican, since no such changes in doctrine had been proposed, let alone come into effect. Simply put, the archdiocese was out of line, doing something which it simply could not. Last month, Archbishop Gerhard Müller wrote 
Your Excellency!
In Caelo et in Terra 