The last big step – the German language group’s third commentary

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.

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The tension between doctrine and reality – Cardinal Marx’s intervention

Earlier today we had a short Synod intervention from Cardinal Danneels, and now one of the longest, from Cardinal Reinhard Marx. It’s also one of the most fearless, as the German cardinal talks about some of the topics that he has been criticised heavily for: Communion for divorced and remarried Catholics and graduality.

Like the intervention of Bishop Bode, Cardinal Marx’s text is based heavily on the life experiences of the faithful concerned. And while it is essential for the Church to meet people where they are, I do miss the essential aspect of our faith: that is a revelation faith. Its foundation is objective truth, and while the way we relate to that truth, communicate it and help people achieve it (acknowledged by Cardinal Marx as he discusses our call to holiness) can and should vary according to circumstances, that truth does and can not. In the debate about Communion for divorced and remarried faithful (a circumstance consequently referred to in this intervention as only possible when we are talking about civil divorce and marriage) this is something that we must keep in mind. It defines what we can do pastorally.

Anyway, the intervention. The original German text is here.

marxFifty years ago, the Second Vatican Council once again made the Gospel a source of inspiration for the life of individuals and society. The same is true for the “Gospel of the family” (Pope Francis). In the Pastoral Constitution Gaudium et spes (GS) it developed a doctrine of marriage which was further developed by the Popes after the Council. Even when the Council did not the answer all the questions which concern us now, it did lay a theological foundation which helps us to answer our current questions.

The Council understands marriage as an “intimate partnership of married life and love” (GS, 48) and develops the doctrine of marriage in the context of a theology of love. The love between man and woman “is directed from one person to another through an affection of the will; it involves the good of the whole person, and therefore can enrich the expressions of body and mind with a unique dignity, ennobling these expressions as special ingredients and signs of the friendship distinctive of marriage”. This love “pervades the whole of their lives: indeed by its busy generosity it grows better and grows greater” (GS, 49). The Council emphasises that this love between man and woman requires the institutional and legal framework of marriage, to develop and keep it permanently in good and bad days. Not in the last place does the institution of marriage serve the wellbeing of children (cf. GS, 50).

With the help of this theology of love and also the theology of the covenant, which can only be insufficiently outlined here, the Council succeeded in making the sacramentality of marriage understandable again. Marital love becomes an image of the love of Christ for His Church and the place where the love of Christ becomes tangible. In order to also express this connection between the divine and the human verbally, the Council speaks of the covenant of marriage. Finally, the indissoluble fidelity is an efficacious sign of Christ’s love in this world.

In the end, the Council sees human sexuality as an expression of love and suggests a new direction in sexual ethics. “This love is uniquely expressed and perfected through the appropriate enterprise of matrimony. The actions within marriage by which the couple are united intimately and chastely are noble and worthy ones. Expressed in a manner which is truly human, these actions promote that mutual self-giving by which spouses enrich each other with a joyful and a ready will” (GS, 49). To this richness belong without doubt also, but not only, the conception and education of children. For the Council fathers expressly emphasise that marriage without children also “persists as a whole manner and communion of life, and maintains its value and indissolubility”(GS, 50).

It is this Synod of Bishops’ task to deepen and develop this theology of respectively love and the covenant, which the Council has established in basic features, but which is not yet completely reflected in canon law, with an eye on the current challenges in the pastoral care regarding marriage and family. I would like to focus on two challenges: marriage preparation and guidance, and the question of reasonably dealing with those faithful whose marriage has failed and those – not a few – who have divorced and are civilly remarried.

It is no coincidence that the Council speaks of growing in love. That is true for living together in marriage; but it is equally so for the time of preparation for marriage. Pastoral care should be developed which shows clearer than before the travelling aspect of being Christian, also in relation to marriage and family. We are all called to holiness (cf. Lumen gentium, 39), but the road towards holiness only ends on the Last Day, when we stand before the judgement seat of Christ. This path is not always straight and does not always lead directly to the intended goal. In other words: the path of life of the spouses has times of intense feelings and times of disappointment, of successful joint projects and failed plans, times of closeness and times of alienation. Often the difficulties and crises, when they are overcome together, are the ones that strengthen and consolidate the marriage bond. The Church’s marriage preparation and guidance can not be determined by moralistic perfectionism. It should not be a program of “all or nothing”. What is more important is that we see the various life situations and experiences of people in a differentiated way. We should look less at what has not (yet) been achieved in life, or perhaps what has thoroughly failed, but more at what has already been achieved. People are usually not motivated by the raised finger to go forward on the road to holiness, but by the outstretched hand. We need pastoral care which values the experiences of people in loving relationships and which is able to awaken a spiritual longing. The sacrament of marriage should in the first place be proclaimed as a gift that enriches and strengthens marriage and family life, and less as an ideal that can not be attained by human achievement. As indispensable as lifelong loyalty is for the development of love, so the sacramentality of marriage should not be reduced to its indissolubility. It is a comprehensive relationship which unfolds.

The moment of receiving the sacrament of marriage is indeed the beginning of the way. The sacrament not only happens at the moment of marrying, in which both spouses express their mutual love and loyalty, but unfolds in the road they take together. Giving shape to common life in marriage is the responsibility of the spouses. The Church’s pastoral care can and should support the spouses, but must respect their responsibility. We should give more space to the consciences of the spouses in proclamation and pastoral care. Certainly, it is the Church’s duty to form the consciences of the faithful, but people’s judgement of conscience can not be replaced. That is especially true in situations in which the spouses must make a decision in a conflict of values, such as when the openness to conceiving children and the preservation of marriage and family life are in conflict with each other.

But appreciative and supportive pastoral care can also not prevent all marriages from failing, spouses from ending their covenant of life and love and separating. The new process of establishing the nullity of a marriage can also not cover all cases in the right way. Often the end of a marriage is neither the result of human immaturity, nor of a lack of willingness in marriage. Dealing with faithful whose marriages have failed and who, often enough, entered a new civil marriage after a civil divorce, remains therefore a pressing pastoral problem in many parts of the world. For many faithful – including those whose marriages are intact – it is a matter of credibility of the Church. I know this from many conversations and letters.

Thankfully, Popes John Paul II and Benedict XVI left it no doubt that civilly divorced and remarried faithful are also part of the Church, and repeatedly invited them to take an active part in the life of the Church. It is therefore our duty to develop welcoming pastoral care for these faithful and involve them ever more in the life of communities. To them the Church has to witness of the love of Christ, which applies in the first place to those who have failed in their intentions and efforts. For “it is not those who are in health that have need of the physician, it is those who are sick” (Matt. 9:12). It is the mission of the Church to heal the wounds caused by the failing of a marriage and the separation of spouses, and show them that God is with them, also in these difficult times. Can we really heal without allowing the sacrament of Reconciliation?

With an eye on the civilly divorced and remarried faithful who take an active part in community life, many faithful ask why the Church refuses them, without exception, participation in sacramental Communion. Many in our communities can not understand how one can be in full community with the Church and at the same time excluded from the sacraments of Confession and the Eucharist. The fact that civilly divorced and remarried faithful objectively live in adultery and as such are in contradiction to what is presented emblematically in the Eucharist, the faithfulness of Christ to His Church, is given as reason. But does this answer do justice to the situation of those concerned? And is it sacramental-theologically compelling? Can people who are considered to be in a situation of grave sin truly have the feeling of belonging completely to us?

In the German Bishops’ Conference we have also occupied ourselves intensively over the past years with the theology and pastoral ministry of marriage and family. We took the Holy Father’s assignment seriously, to think about the topic, discuss and deepen it, in the time between the Synods. The German Bishops’ Conference has organised a day of study about this, together with the Bishops’ Conferences of France and Switzerland, in May of 2015, the contributions of which have also been published. In the theological faculties too, the topics were taken up and debated in biblical-theological, exegetical, canonical and pastoral-theological perspectives. Additionally, there were conversations with theologians and publications. We have learned that the theological work about this must continue in the future.

About the topic of civilly divorced and remarried faithful the German bishops have themselves published in June of last year further considerations and question, which I would like to outline briefly.

Someone who, after the failure of a marriage has entered into a new civil marriage, from which often children were born, has a moral responsibility to the new partner and the children which he or she can not denounce without being burdened with new guilt. Even if a renewal of the previous relationship were possible – which it generally isn’t –  the person concerned finds himself in an objective moral dilemma from which there is no clear moral theological way out. The advise to refrain from sexual acts in the new relationship seems unreasonable to many. There is also the question if sexual acts can be judged in isolation from the context of life. Can we assess sexual acts in a second civil marriage as adultery without exception? Independent of an assessment of the particular situation?

In sacramental-theological regard two things should be considered. Can we, in all cases and with a clear conscience, exclude faithful who are civilly divorced and remarried from the sacrament of Reconciliation? Can we refuse them the reconciliation with God and the sacramental experience of the mercy of God even when they sincerely regret their guilt in the failure of marriage? Regarding the question of allowing sacramental Communion, it must be considered that the Eucharist not only makes present the covenant of Christ with His Church, but also always renews it and strengthens the faithful on their way to holiness. The two principles of admission to the Eucharist, namely the testimony of unity of the Church and the participation in the means of grace, can at times be at odds with one another. In the Declaration Unitatis redintegratio (N. 8), the Council says: “Witness to the unity of the Church very generally forbids common worship to Christians, but the grace to be had from it sometimes commends this practice”. Beyond ecumenism, this statement is also of fundamental pastoral importance. In his Apostolic Letter Evangelii gaudium the Holy Father adds, with reference to the teachings of the Fathers of the Church: “The Eucharist, although it is the fullness of sacramental life, is not a prize for the perfect but a powerful medicine and nourishment for the weak. These convictions have pastoral consequences that we are called to consider with prudence and boldness” (N. 47).

Starting from the theological foundations established by the Second Vatican Council we should seriously consider the possibility – based on the individual case and not in a general way – of allowing civilly divorced and remarried faithful to receive the sacraments of Confession and Communion, when common life in the canonically valid marriage has definitively failed and this marriage can not be nullified, the commitments of this marriage are settled, there is regret for the guilt of the end of this marital common life and there is the honest will to live the second civil marriage in faith and raise the children in the faith.

“No conditions but one profession of faith” for full unity between Catholic and Orthodox Churches

“I believe that it is important to reaffirm respect for this principle as an essential condition, accepted by both, for the restoration of full communion, which does not signify the submission of one to the other, or assimilation. Rather, it means welcoming all the gifts that God has given to each, thus demonstrating to the entire world the great mystery of salvation accomplished by Christ the Lord through the Holy Spirit. I want to assure each one of you here that, to reach the desired goal of full unity, the Catholic Church does not intend to impose any conditions except that of the shared profession of faith.”

This passage from Pope Francis’ message to Patriarch Bartholomew I today struck me as a very happy and hopeful one. The Orthodox Churches are so close to us in faith, sacraments and apostolic succession that the most immediate hope for full unity, the goal of ecumenism, is with them. And they have much to give us: a sense of mysticism that we have sometimes lost, especially in the west; of sacramentality and new ways of considering the Divine and how we relate to God in our worship and daily life.

The principle that Pope Francis refers to at the start of passage regards Unitatis Redintegratio, the Vatican II Decree on Christian Unity, and specifically the 15th and 16th chapters thereof. The conclusion of Chapter 15 summarises the principle that is deemed so essential for full communion:

“The very rich liturgical and spiritual heritage of the Eastern Churches should be known, venerated, preserved and cherished by all. They must recognize that this is of supreme importance for the faithful preservation of the fullness of Christian tradition, and for bringing about reconciliation between Eastern and Western Christians.”

Chapter 16 adds to that the importance of the laws and customs of the Orthodox Churches:

“Far from being an obstacle to the Church’s unity, a certain diversity of customs and observances only adds to her splendor, and is of great help in carrying out her mission, as has already been stated. To remove, then, all shadow of doubt, this holy Council solemnly declares that the Churches of the East, while remembering the necessary unity of the whole Church, have the power to govern themselves according to the disciplines proper to them, since these are better suited to the character of their faithful, and more for the good of their souls.”

The liturgical and spiritual heritage of the Orthodox Churches, as well as their laws and customs are no obstacle for full unity. Indeed, they are essential for the further purpose of that unity: the fullness of Christian tradition, worship and evangelisation. The word of God will resound all the stronger.

francis bartholomew

Photo credit: CNS photo/Paul Haring