Information service of the Pontifical Mission Societies since 1927
Vatican City (Agenzia Fides) - This morning in the Vatican, Benedict XVI received the dean, judges, promoters of justice, defenders of the bond, officials and lawyers of the Tribunal of the Roman Rota, for the occasion of the inauguration of the judicial year. At the beginning of his address to them, the Holy Father pointed out that “the expression 'truth of marriage' loses all existential significance in a cultural context marked by the relativism and juridical positivism that consider marriage as a mere social formalization of the ties of affection. Thus, marriage not only becomes contingent, as human affections can be contingent, but appears as a superimposed legal structure which human will can manipulate at will, even denying its heterosexual character."
The Holy Father said the crisis in the meaning of marriage is noted even in the mindset of some Catholics and he warned against those who believe that "the conciliar doctrine on marriage - and in particular the description of that institution as 'intima communitas vitae et amoris' - necessarily leads to denying the existence of an indissoluble conjugal bond," on the grounds that this is "an 'ideal' which not all 'normal Christians' can be 'obliged' to follow.".” Also in certain ecclesial circles there is a widespread conviction that “the pastoral good of persons in irregular marriage situations would demand a sort of canonical regularisation, independent from the validity or nullity of their marriage... the path of a declaration of matrimonial nullity is in fact considered a juridical tool for reaching this objective according to a logic in which law becomes the formalisation of subjective claims”.
Pope Benedict XVI recalled that "The anthropological and salvific truth of marriage - also in its juridical dimension - is already present in Holy Scripture," said the Pope, and he quoted: "[He] made them male and female, and said, for this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one. ... What therefore God has joined together, let no man put asunder." The Book of Genesis, he continued, also "presents the truth of marriage at the 'beginning'," a truth that achieves fullness "in the union of Christ with the Church. (cfr Eph 5, 30-31) the subject of ample and deep reflection on the part of Pope John Paul II in his cycle of catechesis on human love in the divine plan”. The Holy Father went on to say “ Each marriage is certainly the fruit of the free will of a man and a woman, but their freedom puts into effect the natural capacity inherent to their masculinity and femininity. ... The indissolubility of marriage does not derive from the definitive commitment of the two parties involved; rather it is intrinsic to the nature of the 'potent bond established by the Creator.' The contracting parties must make a definitive commitment because such is the nature of marriage in the plan of creation and redemption”.
In his address the Pontiff said “proper understanding of the institution of matrimony cannot fail to include clarity with reward to its juridical dimension”, which for the Church follows the teaching of Jesus, the Apostles and the Holy Fathers. “Against the subjective and libertarian realization of sexual experience," said Benedict XVI, "the tradition of the Church clearly affirms the naturally juridical nature of marriage, in other words the fact that, by its very character, it pertains to the field of justice in interpersonal relationships." In this context, he went on, "the law interweaves with life and love. ... As I wrote in my first encyclical ‘From the standpoint of creation, eros directs man towards marriage, to a bond which is unique and definitive; thus, and only thus, does it fulfil its deepest purpose’ (Deus caritas est, 11).”
Referring to the danger of the erroneous interpretation of current canonical norms, the Holy Father encouraged his audience to react "with courage and trust, ... without allowing yourselves to be seduced by interpretations that entail a break with the tradition of the Church.” “The contribution of ecclesial tribunals to overcoming the crisis in the significance of marriage, both in the Church and in civil society, may seem to be some somewhat secondary," he said. However, "precisely because marriage has an intrinsically juridical dimension to be "wise and convinced servants of justice in this delicate and important field is most important and has a most significant value of witness of great support for all”. (S.L.) (Agenzia Fides 30/1/2007 - righe 52, parole 725)
