Pope Warns Church Courts About Marriage Rulings

ZENIT - The World Seen From Rome ^ | January 30, 2005 | ZENIT News Services

[DBeers]

Pope Warns Church Courts About Marriage Rulings

Tribunals Not Above Temptations in Annulment Cases, He Says

VATICAN CITY, JAN. 30, 2005 (Zenit.org).- John Paul II warned against the temptation, which can also entice ecclesiastical judges, to consider failed marriages as automatically invalid.

The Pope gave this warning Saturday when he received in audience the judges and lawyers of the Roman Rota, the Church's central appellate court.

The greatest number of appeals are petitions for the declaration of nullity of the marriage. The Catholic Church, while holding that marriage is indissoluble and therefore excluding the possibility of divorce, recognizes that in certain situations the celebration of a marriage is invalid. Such cases include weddings that took place under threats.

In his address, the Holy Father spoke about the "moral dimension" of all those involved in the ecclesiastical juridical processes, which as in the case of civil ones, might be influenced by "individual or collective interests," inducing "the parties to take recourse to forms of falsehood or even corruption."

Such pressures might be aimed to obtaining "a favorable decision," namely, that the ecclesiastical courts declare the nullity of the marriage, the Pope said.

"From this risk, not even canonical processes are exempt, in which an effort is made to know the truth about the existence or nonexistence of a marriage," he noted.

"In the name of alleged pastoral needs, voices have been raised to propose that unions that have totally failed be declared invalid. To obtain this result it is suggested that recourse be taken to the expedient of maintaining the procedural appearances," the Holy Father said.

These proposals or pressures, he stressed, are against "the most elementary principles of the normative and magisterium of the Church."

John Paul II in particular addressed the bishops who name the ecclesiastical judges, and the judges themselves, to remind them that "the deontology of the judge has its inspirational criteria in the love of truth."

"Therefore, he must be convinced first of all that the truth exists," the Pope said. "One must resist fear of the truth, which at times might stem from fear of wounding persons. The truth, which is Christ himself, frees us from all forms of compromise with prejudiced lies."

[DBeers]

ping

[NYer]

Pope John Paul (news - web sites) II poses with lawyers of the Sacra Rota, gathered in the Clementine Hall for the inauguration of the Vatican (news - web sites) legal year, at the Vatican January 29, 2005. REUTERS/Osservatore Romano/Pool

[murphE]

the Pope said... "One must resist fear of the truth, which at times might stem from fear of wounding persons. The truth, which is Christ himself, frees us from all forms of compromise with prejudiced lies."

Interesting. More interesting is what the Holy Father did not say but implied, that there are a whole lot of people with phony although officially approved annulments. Another instance where the application of canon law does not necessarily conform to the objective truth.

[wmichgrad]

but implied, that there are a whole lot of people with phony although officially approved annulments

I think it's safe to say that this is a hard fact, at least here in the US. My in-laws would be a perfect example. Married almost 30 years with three adult children and the Church says there was never a marriage.

[murphE]

Stating facts upsets many people here, so most of the time I try to put things gently. :-)

[murphE]

Oh, by the way, even though I try, I hardly ever succeed.

[Salvation]

 

 

 

 

 

References for Marriage

 

 

 

 

 

 

[Salvation]

An annulment does not make children illegitimate. That has been a long-standing myth that is used in arguments against the Catholic Church and annulments.

[ninenot]

Seems that the psychobabble annulments were introduced under the leadership of MarcelMouse when he was on the Rota.

Plenty of them around, as you have observed, and this is not the FIRST time JPII has spoken out on the issue.

[murphE]

Do you really think that calling a deceased Archbishop silly names does anything to advance your argument, or present you as a person whose opinion should be considered by any decent thinking person? Your method only makes points to those who use the same Michael Moore method of Catholic Apologetics. Oh, you've pinged them I see.

But I say unto you, that every idle word that men shall speak, they shall render an account for it in the day of judgment. Matthew 12.36

[wmichgrad]

I never said it did. But when you have two people who enter willingly into a marriage and love each other enough to bring children into this world, and then divorce and one demands and is granted an annulment as a matter of convenience, then there is an issue. I find it hard to understand how the Church can say a marriage never existed in these circumstances. Annulments should be rare. I think the general perception is that as long as you are willing to make your "donation" to the Church, your annulment will be granted.

[Gerard.P]

Seems that the psychobabble annulments were introduced under the leadership of MarcelMouse when he was on the Rota.

What are you talking about?

[Canticle_of_Deborah]

Michael Moore method of Catholic Apologetics.

ROFL. That is a keeper.

[BlackElk]

As a matter of fact, the late Marcel DID open the floodgates to the modern practice of annulment mills which flourish in the US more than anywhere when Marcel presided over the Rota but apparently his nicknames are more important to you than his blunders and their consequences. Just one more abuse of actual "tradition" from Marcel.

If you wish to be Catholic, it would be far better to save your criticism for those who ceaselessly hurl invective and hatred at the Holy Father for righfully excommunicating Marcel, the Rebel without an Excuse.

[BlackElk]

GP: Do your own research. If you have to ask, you ought to slacken off on reflexively supporting excommunicated Marcel and his isms and his sycophants over the Holy Father, the papacy and Holy Mother the Church.

[rogator]

"I think the general perception is that as long as you are willing to make your "donation" to the Church, your annulment will be granted."

I think that this perception is wrong.
I know several folks who have been through this process who have told me that the local tribunal recommends a contribution of $300 but will waive it if requested.
Considering the professional hours involved, this is a pittance.

[Gerard.P]

I did do my research my non Catholic head in the sand, cowardly friend. And I couldn't find anything. So, I asked the person who made the point to expound on it. Since you are worthless when it comes to discussion on a rational level. You were not pinged. If I want empty-headed worthless, banal, boring silliness, I know where to go right away.

You see, they might actually cite something to back up what they say. And the conversation could go forward. Unlike you, who spew worthless and stupid bilge in order to ease your own sense of guilt due to your lazy make it up as you go along Catholicism.

Face it, you're a rank amatuer with nothing of value to contribute. For God's sake. YOU DON'T EVEN HAVE A GRIP ON REALIITY. "no anarchy in the pews" Hah! So put a lid on it and wait until you're called on. Got it? Now go watch TV.

:)

[Gerard.P]

What year or years was Archbishop LeFebvre presiding over the Rota?

[Gerard.P]

I culled this together from Micheal Davies' Apologia pro Marcel LeFebvre. It covers his ordination to retirement. After 68 he was setting up the SSPX. I would think leading the Roman Rota would've been mentioned since it's such an important position.

Are you sure, you're not thinking of his cousin Cardinal LeFebvre who was a known liberal? I don't know if he was ever on the Rota.

He was ordained priest on 21 September 1929. first appointment was to the working-class parish of Marais-de-Lomme,

In 1932 Father Lefebvre joined the Holy Ghost Fathers and was sent to Gabon as a missionary, where he remained throughout the war. This was, he testifies, one of the happiest periods of his life.

In 1946 he was recalled to France to become Superior of a seminary at Mortain, but he returned to Africa when he was appointed Vicar Apostolic of Dakar on 12 June 1947.


On 22 September 1948 he was appointed Apostolic Delegate (the Pope's personal representative) for the whole of Frenchspeaking Africa - a mark of the great confidence placed in him by Pope Pius XII.

He was appointed as the first Archbishop of Dakar on 14 September 1955.

Mgr. Lefebvre was appointed to the Central Preparatory Commission of the Second Vatican Council in 1960 by Pope John XXIII - proof that the confidence placed in him by Pope John was no less than that of Pope Pius XII.

On 23 January 1962 he resigned his archbishopric in favor of a native African, now His Eminence Cardinal Hyacinthe Thiandoum, who had been ordained by Mgr. Lefebvre, who regards himself as his spiritual son, and who did all in his power to effect a reconciliation between the Archbishop and Pope Paul VI.

On 23 January 1962, Mgr. Lefebvre was appointed Bishop of Tulle in France, upon the personal insistence of Pope John XXIII, despite opposition from the already Liberal-dominated French hierarchy.


Then, in July 1962, he was elected Superior-General of the Holy Ghost Fathers (the world's leading missionary order). After some hesitation he accepted this post upon the insistence of the General Chapter and the advice of Pope John. It involved him in travelling all over the world to visit the various branches of the order. There were few other prelates on the eve of the Council with his first-hand experience of the state of the Church throughout the world.


By 1968 the General Chapter of the Holy Ghost Fathers had become dominated by a Liberal majority which was determined to reform the Order in a sense contrary to Catholic tradition. Mgr. Lefebvre resigned in June of that year rather than collaborate in what would be the virtual destruction of the Order as it had previously existed. He retired to Rome with a modest pension which was just sufficient to rent a small apartment in the Via Monserrato from some nuns.