Divorce and Remarriage in the Roman Catholic Church

Table of contents

1 Introduction

2 The Scripture on Divorce
2.1 Moses´ Permission – Divorce in the Old Testament
2.2 But I Say unto You - Jesus on Divorce
2.3 The Lord’s Ruling - Paul on Divorce

3 Divorce as an social Phenomenon – the Demands of the Present
3.1 The reality of marriage today
3.2 “Two in one flesh” – a personal approach to consummation

4 Sacraments for the Divorces-Remarried
4.1 Living in sin? – Theological Arguments
4.2 Living the faith! – Practical pastoral issues

5 Conclusion

Sources

1 Introduction

The reality of marriage is far away from anything the Roman Catholic Church wants marriage to be. In Western Europe and the United States nearly every second marriage ends in divorce and often in a second or a third marriage. Even Catholics, those only by name but even practising ones, find themselves often bound in a relationship in which love has died for several reasons.

Moral theology in the Catholic Church has to ask for the meaning of marriage in this new millennium and in modern societies. The Churches answer to the question of an increasing number of Catholics concerning a second marriage after a divorce is the same for many years - a rigid “No”!

This paper will offer a realistic approach to Catholic marriage nowadays. Since even the Vatican II Council tried to be in the question of divorce and remarriage very close to the scripture, even this paper will take a look on Jesus´ teaching and the early tradition of the Church. Following a relationship-approach for marriage will be presented in the light of the recent teaching of the Church. To avoid a presentation of a moral theology far away from any reality and the needs of the believers, in the last part a turn to pastoral theology will be made. There the questions on receiving the sacraments and the necessity of following the Church’s regulation concerning divorce and remarriage will be discussed. It is the aim of this research to show on the one hand the way moral norms and pastoral reality can be brought together and on the other hand how the God given community of a man and woman and even the tragedy of its breakdown can be understood in our time.

2 The Scripture on Divorce and Remarriage

Moral Theology has to look at social realities. But all observations have to be made on the background of the Scripture. This does not mean taking the scripture as an unquestionable doctrine, but as one of the source of Moral Theology beneath tradition and experience.

2.1 Moses´ Permission – Divorce and Remarriage in the Old Testament

It is not possible to understand the statements made about divorce and remarriage in the New Testament without considering the commandments made in the Old Testament.

When one turns to the Old Testament to ask what it says about the issues of divorce and remarriage, one will find a number of different kinds of passages. In the following the most important passages of the Old Testament will be named. They mark the Jewish law which was valid while Jesus´ lifetime. A deeper exegesis of the passages is not needed for this research.

There are first of all the “legislative passages” that prescribe regulations for divorce and remarriage in Deuteronomy 24:1-4.

When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. And when she is departed out of his house, she may go and be another man' wife. And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife; 4Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD: and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance.

Even when different translations and interpretations exist, there is no doubt that divorce and remarriage was possible in the Jewish law. The circumstances described gave men the opportunity to send away their wife. In the Hebrew society divorce and remarriage were practised as a commonly privilege^[1].

But this does mean that the Hebrew society didn’t have a very high view on marriage. Genesis 2:24, as a statement of the Hebraic regard for marriage, offers a noble and divine view.

Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh.

A separation of the couple was not only allowable but frequent, apparently. Divorce and remarriage were basically justified in the light of the Hebrew religious faith.

2.2 But I Say unto You - Jesus on Divorce and Remarriage

After this very brief look on the Jewish law, we will now examine the necessary passages of the New Testament to see how Jesus replaces the old law.

2.2.1 The Refusing of the old Law

Jesus emphasized God’s intention in creation for the institution of marriage. This is obvious in his refusing or renewing of the Law of Moses in Mk 10:2-9 and Mt 19:3-8^[2].

illustration not visible in this excerpt

Jesus gives a clear reason for the old law of Moses in Mk 10:5 “πρὸς τὴν σκληροκαρδίαν ὑμῶν ἔγραψεν ὑμῖν τὴν ἐντολὴν ταύτην“. It is, he asserts, a compromising law, for its only basis is in the inability of humans to fulfil the true intent of God – it is a compromise with human sinfulness. Jesus puts in contrast the traditions and practises of humans and the desire of God for human life^[3].

Jesus faced a society in which men held the absolute power on divorce. The women could be sent away for any reason. Jesus wanted to fight this injustice, that women were treated as property. This is a first step to understand Jesus teaching about marriage as a community of equal partners.

When Jesus says in Mk 10:9 “ὃ οὖν ὁ θεὸς συνέζευξεν ἄνθρωπος μὴ χωριζέτω“ it is a call to fulfil the divine will. He recognized the human nature and the power of human error to undo the intention of God’s work. Jesus knows the weakness of humans but insists on the divine order^[4].

2.2.2 Jesus New Law on Divorce and Remarriage

The sayings of Jesus in our gospels are collections of isolated bits of information. But there are four main passages in which the early church passed on the teachings of their Lord. These passages are Mk 10:11-12, Mt 5:31-32 and 19:9 and Luke 16:18. First we take a closer look at Mt 19:9.

“And I say unto you, whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery. (λέγω δὲ ὑμῖν ὅτι ὃς ἂν ἀπολύσῃ τὴν γυναῖκα αὐτοῦ μὴ ἐπὶ πορνείᾳ καὶ γαμήσῃ ἄλλην μοιχᾶται).”

It is very obvious that Jesus talks here strictly against divorce and remarriage in his society^[5]. But a difficulty is the phrase ἐπὶ πορνείᾳ. We find the same phrase in Mt 5:32:

“ἐγὼ δὲ λέγω ὑμῖν ὅτι πᾶς ὁ ἀπολύων τὴν γυναῖκα αὐτοῦ παρεκτὸς λόγου πορνείας ποιεῖ αὐτὴν μοιχευθῆναι, καὶ ὃς ἐὰν ἀπολελυμένην γαμήσῃ μοιχᾶται.”

One interpretation refers to the so called Jacob clause (Acts 15:20.29; 21:25)^[6], which means very likely the marriage between relatives, which was forbidden by the Jewish law and thus invalid. This clause would mean that the marriage has to be dissolved because she is invalid anyway. Following this interpretation Jesus would just have talked about a matter of course. A more common translation for πορνείᾳ is sexual offence or adultery referring to married couples (there often the word μοιχεία is used)^[7].

Another interpretation sees in this clause an addition through the author of the gospel. He wanted to respond to problems in the Christian communities, where men lived in permanent adultery. For the women it wasn’t possible to live the marriage in an ordinary way any further. To protect the non guilty partner the author of the gospel wrote this clause. This makes divorce for the woman possible, in opposite to the Jewish law, but does not allow remarriage.

Even Mark and Luke are clear about Jesus teaching on marriage. Mk 10:11-12 reads:

And he saith unto them, "Whosoever shall put away his wife, and marry another, committeth adultery against her. And if a woman shall put away her husband, and be married to another, she committeth adultery.

And Lk 16:18:

Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from her husband committeth adultery.

But how treated the early Christian communities the problem of divorce and remarriage? A look at the Pauline writings gives a good insight to the early tradition.

2.3 The Lord’s Ruling - Paul on Divorce and Remarriage

To examine Paul’s discussion of divorce and remarriage, we must keep in mind the general nature of his writings and his ministry. Paul was neither a systematic theologian nor a systematic expositor of Christian ethics. He was above all else a practical missionary.

In 1 Cor 7:10-16 Paul responses to problems in the church of Corinth about divorce and the relationship of the sexes in a community which expected the second coming of Christ in the nearest future. This passage will be examined in the necessary context of time and society which is absolute necessary anytime one tries to understand the books of the bible.

A general introduction raises the issue of the relation of male and female, states the important role of marriage and Paul speaks about his preference of a celibacy way of life (7:2-7). Then Paul addresses three distinct groups in the community. First he writes about the single persons, and then he turns to the married people and the question if marriage can be dissolved. Finally Paul speaks about the Christians who are married to unbelievers. This leads to the so called Pauline Privilege^[8].

Paul does not allow converts to divorce because of their new faith in Jesus Christ - even if their partner remains as an unbeliever^[9]. We read in verse 12:

If any brother hath a wife that believeth not, and she be pleased to dwell with him, let him not put her away.

But the important exhortation on divorce and remarriage is found in verse 15:

But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such cases : but God hath called us to peace.

εἰ δὲ ὁ ἄπιστος χωρίζεται, χωριζέσθω: οὐ δεδούλωται ὁ ἀδελφὸς ἢ ἡ ἀδελφὴ ἐν τοῖς τοιούτοις: ἐν δὲ εἰρήνῃ κέκληκεν ὑμᾶς ὁ θεός.

The believer is not longer under bondage – he or she is allowed to accept the wish of divorce of the spouse and to remarry. Some scholars try to find a distinction between separation (χωρισθῆναι) and divorce (ἀφιέναι)^[10]. This is true for the first verses of chapter seven but in verses 12, 13, and 15 Paul uses these terms interchangeable.^[11] Again we should keep in mind the context. The discussion in verses 12-16 calls to mind a Jewish practise. Ezra 9:1-2 and 10:11 forbid Jewish men to marry women from foreign countries and insists that this kind of marriages should be dissolved. Ezras word is absolute. But Paul’s word is conditional. Believers and unbelievers can and should remain together. Just if the unbeliever demands the divorce it is allowed for the Christian believer.

According to Paul and his understanding of the Christian faith and Jesus teaching marriage is a permanent relationship. And even after a separation (at least) the women should remain single (vs. 11).

This exception of Jesus teaching that Paul makes, the Pauline Privilege, is a reaction to the concrete real-life situation of his time. He knows this and writes in verse 12 “But to the rest speak I, not the Lord”. It is Paul pastoral advice for the community in Corinth and not a commandment from God.

Looking at the Synoptics and Paul shows us that in this years Jesus absolute regulation on divorce and remarriage was more understood as guidance to be interpreted in the light of human welfare. Matthew did this interpretation with his insertion of πορνείας ποιεῖ αὐτὴν (cf. 2.2.1) and Paul with his exception regarding marriages of believers and unbelievers.

3 A proper Approach to Catholic Marriage nowadays - Relationship

3.1 The reality of marriage today in the Church’s perspective

Marriage is a fundamental social institution and in all societies it is very wisely protected by a whole variety of laws^[12], customs and rituals. Even the Roman Catholic Church recognizes this phenomenon; but it does insist that the heart of marriage is not just a contract or social arrangement but “lies in its being an inter-personal sexual relationship of live-giving love, and one which is therefore permanent and exclusive”^[13]. As we can read in the Vatican II document Gaudium et Spes No. 48: “The intimate partnership of married life and love has been established by the Creator and qualified by His laws, and is rooted in the jugal covenant of irrevocable personal consent.”

The most basic and fundamental reality of marriage one can fine in an approach of marriage as a relationship^[14]. According to the church this relationship has to be “open for live” or “life-giving”^[15]. This life-giving love in the relationship is meant to be for each other in the first place. But nearly more emphasise lies in the church documents on procreation and the education of children. Bringing up a new person is the fruit of a marriage.

In a brief way one can summarize the Roman Catholic view on marriage as following. Marriage is given from God. It is a holy institution an indissoluble. It has to be open for procreation and can only happen in a monogamous way. It is the only place for sexual intercourse which is only pleasant to God if performed with the aim of procreation.

No statement on marriage and sexuality could be more far away from the reality in most parts of the world, when the fathers of the Second Vatican Council write that “young people should be aptly and seasonably instructed in the dignity, duty and work of married love.” and “trained thus in the cultivation of chastity, they will be able at a suitable age to enter a marriage of their own after an honourable courtship,” they speak about a wish that won’t be understood by the young generation of this millennium. Sexual intercourse out of marriage is wide spread fact just like divorce and remarriage. Other approaches to marriage according to Jesus and his teaching seem to be necessary. But even new approaches have to bear in mind, that marriage is a sacrament and from a Christian perspective in fact holy and cannot be dissolved optional^[16].

3.2 “Two in one flesh” – a personal approach to consummation

The Roman Catholic Church has for many centuries claimed the power to dissolve sacramental marriage provided they were not consummated. This means that it is not the sacramental status which makes marriage indissoluble^[17]. It is worth taking a closer look on the understanding of consummation.

A marriage was consummated if sexual intercourse with the aim of procreation took place. Thus the sexual intercourse is very important for a Catholic marriage as we read in Gaudium et Spes No. 49:

“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”.

But is this limited understanding of consummation helpful for finding proper ways of handling a marriage in which love has come to an end? The church should deepen her understanding of Paul’s letter to the Ephesians when he writes about the “two in one flesh” (Eph 5:31). Of course is the act a very important sign of communion of the couple. But beneath this physical understanding “two in one flesh” means much more. It means that husband and wife really realize themselves as a couple and really feel that they do not want to live without one another. If this is the reality of a marriage she becomes sacred and worth to be indissoluble^[18].

But what about a marriage which lost this sacredness, that is the life- and love-giving relationship of the couple? Is it possible for a Christian believer to remarry? Does this sacred bond which once was there bind them for the rest of his life? This question cannot be answered in this paper but this “relationship approach” to marriage will be the fundament for the thoughts about the handling of sacraments for divorced-remarried Christians.

4 Sacraments for the Divorces-Remarried

If we are looking at the Roman Catholic Church nowadays we can see that the awareness of pastoral care for divorced-remarried couple grew in the last years, but that concerning sacraments like the Holy Communion the church still prohibits the sharing in the community of the altar. But if the church cannot cope with marriage breakdown she cannot cope with life. In the following chapter we will take a closer look if people involved in a second marriage are really not worthy or a scandal for the community of the Lord that they are not allowed to receive sacraments.

4.1 Living in sin? – Theological Arguments

The reason for forbidding remarried couples to receive the sacrament of the altar is their “permanent life in sin” – they are alienated from God.

The recent Pope John Paul II wrote in his Apostolic Exhortation Familiaris Constortio^[19] that the divorced-remarried “do not consider themselves as separated from the Church, for as baptized persons they can, and indeed must, share in her life.” But on the other hand he makes very clear that without leaving this new relationship and a sacramental reconciliation they are not allowed to share in the Eucharist. It is impossible to bring these two statements together. It cannot be justified to advice for active involving in the worship and prayer and state at the same time that these couples live in enmity with God^[20].

Because of this disagreement another presentation of the “living in sin” argument is often given. Marriage is about faithful love, but a second marriage after a divorce contradicts faithful love. Thus a second marriage is a living contradiction. This approach describes the phenomenon that a Catholic couple knows that it is living against the Church’s teaching but decides that it is right in their current situation to remain in this second marriage.

Does this mean that they live in contradiction to the Eucharist? The pope picks up the analogy of the covenant of Christ with his Church and the covenant of the married couple when he writes referring to the Eucharist: “They are unable to admitted thereto from the fact that their state and condition of life objectively contradicts that union of love between Christ and the Church which signified and effected by the Eucharist”^[21].

These argumentations above are not convincing. Even if we admit that a certain contradiction cannot be denied, the exclusion from the Holy Communion cannot be justified. The celebration of the Eucharist is a gathering of the Christian believers which confess together before receiving the body of Christ “Lord, I am not worthy …”. Even in celebrating the Eucharist, the Church is community of sinners. The Vatican II Council states that the Eucharist should be both a sign of unity and a means to unity^[22]. An absolute prohibition of Communion to the divorce-remarried can hardly be claimed to be necessary.

There are a lot of other arguments which show that the exclusion of divorced-remarried from the sacraments is not all a theological necessity. On this present background we will now ask for possibilities of pastoral sacramental care for couples living a second marriage.

4.2 Living the faith! – Practical pastoral issues

As we have seen, the theological arguments for the Church’s teaching are more than weak. Hence, the Roman Catholic Church can allow those in a second marriage to receive the sacraments. But how would this look like in practise? Does the Church forbid them the sacraments? Have the administers to follow this prohibition? Would a divergent practise lead to pastoral chaos^[23] ?

At first one has to notice that divorced-remarried are not excommunicated^[24]. Hence, they are full members of the Church. Even the Canon Law does not explicit forbid them to receive the sacraments^[25]. If the Church law does not give a clear instruction, the reason for the prohibition must be found in the doctrinal and moral teaching of the church, which is beneath the Canon Law the other source for Church regulations^[26].

The Churches teaching in this point can be found in statements of Pope Paul VI, in documents of the Congregation of Faith from 1973 and in speeches of the recent Pope John Paul II^[27] and explicit in his Apostolic Exhortation Familiaris Consortio (1981). Even some local bishop conferences published pastoral letters concerning the pastoral care for divorced-remarried^[28].

But this very clear “No” can be interpreted as a public proclamation showing the importance of the indissolubility of marriage within the Church. We are justified to talk about the handling in the field when we are aware of the distinction between moral principles and pastoral practise. Entering the field of pastoral theology one has to consider even other values than the indissolubility of marriage. Even John Paul II seems to have this in mind when he calls in Familiaris Consortio the pastors “to exercise careful discernment of situations”.

The second question referring to the grade of strictness of the interpretation of the prohibition is answered by the majority of scholars in a quiet open way. The prohibition is not a “necessary consequence” of the Church’s teaching on marriage and Eucharist. Hence, the prohibition lacks of a valid theological basis (cf. 4.1). In the light of this non-infallible statements and the teaching of the importance of one own conscience^[29] another pastoral treatment of divorced-remarried than the Roman way is possible^[30]. Kevin T. Kelly summarizes in four points the conditions most scholars regard as necessary for admitting couples in a second marriage to the sacraments^[31].

1. The first marriage is irretrievable broken down and there is no possibility of its being restored again.
2. All obligations in justice towards the other partner and the children of the first marriage are being fulfilled as far at it his humanly possible.
3. The second marriage is being lived in good faith, which means she is being experienced as “What God wants us to do”.
4. The desire for the sacraments must be motivated by genuine faith.

Even if this points are fulfilled it is up to the conscience of the minister who spends the sacrament if he or she feels allowed to spent the sacraments to the divorced-remarried^[32].

Let us now look at the last question if a divergent practise would lead to pastoral chaos? One difficulty might be that people living in a second marriage really cause a scandal in the community through their behaviour and attitude. In this case the minister should very carefully find out if the four points mentioned above are really fulfilled. But even if the right to disagree with the practise of the Church would be used by nearly every minister and this would open the flood-gates for all divorced-remarried to receive the sacraments (which is very unlikely), the Church would be miles away from a pastoral chaos. Even if not all of the divorced-remarried fulfil the conditions mentioned above it would be a misuse of the Eucharist, but a “healthy starting point for helping them to see what still needs to be done”^[33].

5 Conclusion

The breakdown of marriage is a human tragedy and every couple has to fight and often to suffer to keep the marriage as a love- and life-giving relationship alive. Nevertheless this breakdowns are a wide spread reality and the Church has to find ways to fulfil her pastoral duty towards the divorced-remarried. Sharing in the sacramental life of the Church is for many Catholics who live in a second marriage not only a pious wish but a yearning of being one with Christ and his Church. This longing has to be taken serious.

As we have seen, the theological arguments of the Church and the way they are presented are not strong enough to insist that an exclusion of divorced-remarried from the sacraments is necessary by all means. Even the Canon Law presents no obstacle. Our relationship-approach to marriage and our interpretation of the meaning of consummation have shown ways to a realistic and proper look on married life. Even this underlines the opportunity and necessity to invite Catholics in a second marriage to the sacraments.

The Church’s teaching about divorce and remarriage claims to be close to the scripture. But as we have seen it is a part of the early tradition of the Church to respond to the pastoral needs of the people of God. This would be adequate even nowadays. Like Paul, the Church should look at the desires and needs of her members and make even the Eucharist to what it should be – a sign and a way to unity of a community of sinners, who require the love and forgiveness of Christ.

6 Bibliography

Pope John Paul II.

Welcoming the Divorced and Remarried (WDR)

no. 1; Origins, Feb. 20, 1997, pp.583-84

Apostolic Exhortation Familiaris Consortio (1981)

Kasper, Walter

Theology of Christian Marriage

First Printing, Burns & Oats Ltd, U.K., 1980

Keener, Craig S.

… And Marries Another - Divorce an Remarriage in the New Testament

Third Printing, 1993, Hendrickson Publishers Inc., Peabody, Massachusetts

Kelleher, Stephen J.

Divorce and Remarriage for Catholics? A Proposal for the Church´s Laws on Divorce and Remarriage

Doubleday & Co., U.S:A., 1976

Kelly, Kevin T.

Divorce & Second Marriage - facing the challange

New Edition, 1996, Geoffrey Chapman, London

Kysnar, Robert and Myrna

The Asundered - Biblical Teaching on Divorce and Remarriage

First Printing, 1978, John Knox Press, USA

Lawler, Michael G.

Marriage and Sacrament – A Theology of Christian Marriage

First Printing, The Liturgical Press, Minnesota, 1993

Preister, Steven and Young, James J. (Edit.)

Catholic Remarriage - Pastoral Issues and Preparation Models

First Printing, 1986, Paulist Press, New York

Sager, Clifford J. a.o.

Treating the Remarried Family

First Printing, 1983, Jewish Board of Family and Children´s Services Inc., New York

Weber, Leonhard M.

Ehenot Ehegnade

Erstausgabe, 1964, Seelsorge Verlag, Freiburg i.Br.

Päpstlicher Rat zur Förderung der Einheit der Christen

Direktorium zur Ausführung der Prinzipien und Normen über den Ökumenismus (Decree on Ecumenism)

25. März 1993

Decrees of the Second Vatican Council

all used from http://www.stjosef.at/konzil/ - in English and German

Reference Books, Encyclopaedias, Dictionaries

Hörmann, Karl

Lexikon der Moraltheologie

Innsbruck-Wien-München 1976, Tyrolia-Verlag

Kassühlke, Rudolf

Kleines Wörterbuch zum Neuen Testament. Griechisch - Deutsch

Dritte, verbesserte Auflage 2001, Deutsche Bibelgesellschaft, Stuttgart

Dictionary English – German, Deutsch – Englisch

Microsoft Word

Bible & Translations of the Bible

Nestle-Aland

Das Neue Testament - Griechisch und Deutsch

27. Auflage des Novum Testamentum Graece; Deutsche Texte: Revidierte Fassung der Lutherbibel von 1984 und Einheitsübersetzung der Heiligen Schrift von 1979

King James Bible

http://www.hti.umich.edu/k/kjv/

African Bible

Second Reprint 2000, Paulist Press, Nairobi

Revised Standard Version

http://www.hti.umich.edu/r/rsv/

Some Translations of the Greek Text were made by the author himself. These Translations are marked in the text and shown as not taken from one of the current Translations of the Bible.

[...]

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^[1] Kysar, Robert and Myrna, The Asundered - Biblical Teaching on Divorce and Remarriage, p 32

^[2] Kysar, R.a. M., p. 37

^[3] Keener, Craig S., … And Marries Another - Divorce an Remarriage in the New Testament, p. 38

^[4] Keener, Craig S., p. 33

^[5] ibid., p. 34, 47, 138

^[6] Hörmann, Karl, Lexikon der Moraltheologie, Ehescheidung

^[7] Kassühlke, Rudolf, Kleines Wörterbuch zum Neuen Testament. Griechisch - Deutsch

^[8] Kysar, R.a. M., p. 67

^[9] Hörmann, Karl, Lexikon der Moraltheologie, Ehescheidung

^[10] Kassühlke, Rudolf, Kleines Wörterbuch zum Neuen Testament. Griechisch - Deutsch

^[11] cf. Roberts Jr., R.L., „The meaning of Chorizo and Douloo in 1 Corinthinas 7:10-17”, Restoration Quarterly 8, no.1 (1965): 182 in: Kysar, Robert and Myrna, The Asundered - Biblical Teaching on Divorce and Remarriage, p. 68

^[12] e.g. Artikel 6 (1) Grundgesetz der Bundesrepublik Deutschland

^[13] Kelly, p 12

^[14] cf. Kelleher, Stephen J., Divorce and Remarriage for Catholics? A Proposal for the Church´s Laws on Divorce and Remarriage, p. 58f

^[15] cf. Gaudium et Spes, nn. 48, 50

^[16] cf. Kasper, Walter, Theology of Christian Marriage, p. 25f

^[17] Lawler, Michael G. Marriage and Sacrament – A Theology of Christian Marriage, p. 106f

^[18] Kelly, p 35

^[19] Apostolic Exhortation Familiaris Consortio, n.84

^[20] cf. Kelly, p 49f

^[21] Apostolic Exhortation Familiaris Consortio, no. 84

^[22] Decree on Ecumenism, n.8

^[23] Kelly, p. 64

^[24] cf. Kelleher, p. 91f

^[25] This is not undisputed but in fact a explicit or even a derive law cannot be found in the Canon Law from 1983.

^[26] Hörmann, Karl, Lexikon der Moraltheologie, Ehescheidung

^[27] cf. Pope John Paul II, Welcoming the Divorced and Remarried (WDR), no. 1; Origins, Feb. 20, 1997, pp.583-84

^[28] cf. Appendix 2 of the book of Kelly

^[29] Davey, Theodore, The Internal Forum in: Kelly, p. 178f

^[30] Sager, Clifford J. a.o., Treating the Remarried Family, p. 26

^[31] Kelly, p. 77

^[32] Preister, Steven and Young, James J., Catholic Remarriage. Pastoral Issues and Preparation Models, p. 57

^[33] Kelly, p. 80