There’s a saying out there that goes like this: “Unity in necessary things; liberty in doubtful things; charity in all things.” It’s hard to pin it down to one particular person, but it addresses a sentiment in the recent Synod of Bishops on the family.
The Catholic Church teaches that a Christian has a right and duty to follow his or her conscience. Catholics follow their conscience all the time on a variety of matters. This is a contentious topic, no matter how you approach it. When the topic came up recently during the synod, it was to discuss issues, such as whether a Christian in “good conscience” can receive Communion, even though he or she may not be following what the church has set forth.
Some bishops expressed opposition. Pope Francis tried to stress mercy over legalism. That should be applauded. Having once served as the Judicial Vicar and Chief Judge of the Diocesan Matrimonial Court for 10 years, I witnessed hundreds of cases where we were forbidden by the rules of evidence to give an annulment to those who had serious doubt about the validity of their marriage. After watching many cases, I believe the church’s legal system should never be an obstacle to justice. I experienced some cases in which people approached the church tribunal for an annulment only to be turned down because they couldn’t prove their case. It was disheartening.
I remember a case in which, prior to the marriage, a woman signed a statement that she was open to procreation, but later admitted that she never intended to have any children. In another case, prior to the marriage, a man promised that he would be faithful to his wife for life, but it turned out that he always intended to keep a mistress.
Each case is an example of fraud going to the heart of the contract. Each marriage is a contract and can be declared invalid if there is a serious defect in the consent, or if one of the parties lacked the psychological capacity to enter into and sustain the burdens and obligation of marriage. However, such defects must be proven. An intention that existed years ago is very difficult to prove. For some, so is psychological incapacity, especially if there is no cooperation from the primary witnesses.
The church never allows a marriage to take place if there is a prior marriage still on the books. Marriage is indissoluble. However, Pope Francis realizes that the system doesn’t always work. Everything is not black and white. What Pope Francis is trying to do, the way I see it, is make the church a port in the storm of life by creating an emotional atmosphere that is more pastoral and less legalistic.
At the end of the synod, Pope Francis thanked all for their work, but he warned against temptations. One temptation he warned against was “hostile inflexibility.”
