Wednesday, October 22, 2014

Picking apart Archbishop Fernandez's divorce and remarriage argument




Yesterday the Argentine daily La Nacion published a perplexing interview with Synod father and rector of the Catholic University of Argentina, Archbishop Victor Manuel Fernandez.  Fernandez was also a member of the controversial committee appointed by Pope Francis to draft the two “relacios” of the Church’s Extraordinary Synod on the family.  There is a lot to talk about with regards to the whole interview, and some of what Fernandez says really is rather odd and tendentious.  But I want to focus on just one part, wherein Fernandez opines about the possibility of divorced and civilly remarried Catholics receiving Communion.  Here is what he says (with the help of Google Translation):
 

No one wants to deny the indissolubility of marriage and we all wish to encourage couples to be faithful, to overcome their crises, to start over again and again, especially considering the suffering of children. But many have insisted on second marriages who have spent many years living with generosity and who have children.  Most think that it would be cruel to ask them to separate, causing unjust suffering to the children.  So we continue to believe in the possibility that they can receive Communion, given that, as in the Catechism, where there exists a condition that a person cannot overcome that person’s liability is limited.

I’ll tackle the argument point-by-point.

1.)    No one wants to deny the indissolubility of marriage and we all wish to encourage couples to be faithful, to overcome their crises, to start over again and again, especially considering the suffering of children. 


Good so far, right?  It is a shame, then, that the Synod did not seem to make this the emphasis of the now completed Synod.  I’m not sure how you can even begin to approach the pastoral challenges of broken families and the culture’s disordered approach to sexuality without spending a long time studying and contemplating the Christian family.  It is from this Gospel vision of the family that your answers will come.

 
2.)    But—and there is always a butmany have insisted on second marriages...

He is right, of course, that many have insisted on second marriages.  People insist on all sorts of things that are neither holy nor good.  That’s what sin is!  The phenomenon of divorce and remarriage is hardly an especially modern malady, either.  Christ was confronted in His own pastoral ministry with the problem, too, and he chose to address it with almost abrasive clarity when he said, “[w]hoever divorces his wife and marries another commits adultery against her; and if she divorces her husband marries another she commits adultery” (Mk. 10:16).  It doesn’t get much clearer than that, and if you’re making it more complicated than it is, you’re doing it wrong. 

 

Yes, the Church ought to reach into the messiness of irregular situations, of sin, and of the various calamities born of deformed consciences and cultural rot, and to bring the light of Christ into those areas and thereby draw people out of the darkness of sin and into the Christian life.  But the emphasis must always be on drawing individuals out of that darkness rather than a pathetic coming to terms with it.  The pastors of the Church ought to pick up “the smell of the sheep” in the process of bringing them back to life in Christ.  Yet it is one thing to propose, invite, shepherd, and pastor.  It is another thing to accommodate and chase the spirit of the world in a shallow attempt at relevance.  The Synod came awfully close to that this year.

 

3.)      who have spent many years living with generosity and who have children.

 

This is probably the sort of thinking on which at least some of the Synod’s now-infamous relatio post disceptationem “midterm report” was founded.  Remember this?  It said, among so many other things, that “some ask whether the sacramental fullness of marriages does not exclude the possibility of recognizing positive elements even the imperfect forms that may be found outside this nuptial situation, which are in any case ordered in relation to it.”  That is one way of suggesting that even second unions, civil unions, and cohabitation carry the same sorts of qualities as Christian marriage.  After all, even cohabiters have to respect each other, share food, put the cap back on the toothpaste, put the toilet seat down, and sometimes participate in the upbringing of children.  Is that like marriage?  Well, no, it really isn’t, actually, because matrimony is a sacrament and therefore a conduit of the graces that bring about salvation, and it is indissoluble, it is forever, and it cannot be ended when “the flame dies,” as it were.  But it is true that the daily life of cohabiters nevertheless requires some selflessness and generosity.  And, yes, we should celebrate that generosity, for whatever it’s worth. 

One potential problem with this approach is that it almost sidesteps the fact that the misuse of human sexuality utterly undermines whatever generosity there might exist within these irregular situations.  Divorced and remarried couples may practice a great deal of human virtue, but they’re still committing adultery, which is an abuse of their own sexuality as well as a serious breach of the promises that they made to their first spouse.  Adultery is corrupting and, most glaringly, it cuts souls off from Charity and corrodes their ability to love their second spouse or anyone else.  A person who engages in adultery, premarital sex, homosexual acts, or various other sexual sins with a person is saying effectively saying something like this, even if they never actually say as much:



I love you.  I selflessly, generously, authentically love you.  I want to give myself to you.  And I also am going to help destroy God’s love in your life by engaging in this adulterous/homosexual/premarital act because I am selfish, ungenerous, and superficial, and I want to do this with you.


P.S. I love you.


Come on.  Adulterous relationships are not loving.  They destroy grace in one’s soul and they corrupt the precious gift of sexual love that God granted to genuinely married couples.  Are there elements of mutual love  in these relationships?  Yes, of course, and we can freely concede as much.  God can and does use that generosity to open hearts to supernatural charity.  But the stark reality is that adulterous relationships kill the soul and there is a whole lot that is unloving about killing the soul.  While acknowledging the good within even the most wounded soul, it is necessary to understand and especially confront the weapons of sin that have caused those wounds in the first place.

4.)    Most think that it would be cruel to ask them to separate, causing unjust suffering to the children.
 
The problem for Archbishop Fernandez is that nobody is necessarily requiring them to separate.  In Familiaris Consortio, the apostolic exhortation written by St. John Paul II at the end of the 1980 Synod on the family, says this: “when, for serious reasons, such as for example the children’s upbringing, a man and woman cannot satisfy the obligation to separate, they [must] ‘take on themselves the duty to live in complete continence, that is, by abstinence from the acts proper to married couples.’”  And when they observe this requirement, they may access the sacraments of Penance and Communion.  Familiaris Consortio very clearly contemplates the serious reasons that Archbishop Fernandez also sees in terms of physical separation, and it also provides a route by which couples in those situations can still access the sacraments.  Yes, that route is a real cross, but why should any Christian ever fear or avoid the Cross?

5.)    So we continue to believe in the possibility that they can receive Communion, given that, as in the Catechism, where there exists a condition that a person cannot overcome [then] that person’s liability is limited.

Perhaps Fernandez is referring to part 1860 of the Catechism of the Catholic Church, which states that “[t]he promptings of feelings and passions can also diminish the voluntary and free character of [an] offense, as can external pressures or pathological disorders.”  If I am following the archbishop’s thinking on the matter, he is suggesting that the pressure and circumstantial difficulty involved in ending a second “marriage,” especially when children are involved, would be an “external pressure” that mitigates at least full culpability for the act of remaining in what is an adulterous (or “irregular) situation.

But just a few pages earlier in the Catechism it also says that “[it] is … an error to judge the morality of human acts by considering only the intention that inspires them or the circumstances (environment, social pressure, duress or emergency, etc.) which supply their context.  There are acts which, in and of themselves, independently of circumstances and intentions, are always gravely illicit by reason of their object, such as blasphemy and perjury; murder and adultery.  One may not do evil so that good may result from it” (part 1756, emphasis mine).  Can circumstances reduce culpability even of adulterous acts?  Yes, of course, although such an act is still gravely evil.  And it may very well be the case that spouses in irregular situations may indeed have reduced culpability for sexual relations within the context of an irregular situation, especially if the one spouse places extraordinary pressure on the other spouse to maintain a sexual relationship, and surely that does happen when one spouse decides to follow Christ and the other objects and even threatens divorce or resorts to emotional or physical abuse to compel sexual relations.  Such circumstances might mitigate some culpability for isolated acts of, for lack of a better term, pressured adultery.  But those circumstances are probably extreme, and an abused spouse should seek immediate help anyway, regardless of their ability to access Communion, when one spouses turns to abuse or threats when denied sexual relations.  The problem in most cases is simply that the Church cannot permit a divorced and remarried individual to have a sexual relationship with anyone other than their first spouse.  That isn’t casuistry.  It is Christ’s own words.  In certain cases divorced and remarried spouses can remain together under the same roof, but they must do so without engaging in sexual relations. 

Impossible, it is often said.  What married couple can reasonably be asked to refrain from a sexual relationship?  First, of course, it should be said that they aren’t married in the eyes of the Church, which are the eyes through which every Catholic should be looking at their lives.  But there is something more to be said about this, and I think it touches on a malady that particularly strikes modern man.  As it does so often, it comes down to this: either we believe in the power of the Cross or we do not.  Either the Cross really is an instrument of redemption and liberation or it is not.  Either the Christ on that Cross really can save us and help us in even the stickiest situations or He cannot.  Is it asking a lot of remarried spouses to remain celibate within that union?  Yes, it is, indeed it is asking for them to bear a heavy cross, and the bishops at the Synod should be especially focusing on ways to help these couples bear that cross.  But who is Archbishop Fernandez or anyone else to take it upon themselves to take away that cross—a cross that ought to be seen as a gift and an instrument of the couple’s salvation. 

In his final speech to the Synod, Pope Francis told the gathered bishops that there is “a temptation to come down off the Cross, to please the people, and not stay there, in order to fulfill the will of the Father; to bow down to a worldly spirit instead of purifying it and bending it to the Spririt of God.”

That is beautifully put, and it appeared to have been a temptation that the Synod struggled mightily against.  It will be a temptation for many heading into the Ordinary Synod, too.  Next year that 2015 Synod  on the family will open October 4th, on which the Gospel reading for the day comes from the tenth chapter of the Gospel of St. Mark.  That reading contains the following declaration by Jesus Christ:  “Whoever divorces his wife and marries another commits adultery against her; and if she divorces her husband marries another she commits adultery.”

How timely.

No comments:

Post a Comment