Bergoglio and cases of nullity of marriage

 

A)  The text of the speech by J.M.Bergoglio:

Art. 14 § 1. Among the circumstances of things and persons that can allow a case for nullity of marriage to be handled by means of the briefer process according to cann. 1683-1687, are included, for example: the defect of faith which can generate simulation of consent or error that determines the will; a brief conjugal cohabitation; an abortion procured to avoid procreation; an obstinate persistence in an extraconjugal relationship at the time of the wedding or immediately following it; the deceitful concealment of sterility, or grave contagious illness, or children from a previous relationship, or incarcerations; a cause of marriage completely extraneous to married life, or consisting of the unexpected pregnancy of the woman, physical violence inflicted to extort consent, the defect of the use of reason which is proved by medical documents, etc” (Apostolic letter Motu Proprio mitis Iudex Dominus Iesus by which the canons of the code of canon law pertaining to cases regarding the nullity of marriage are reformed)

 

B) References to Scriptures:

Some Pharisees approached him and asked, ‘Is it lawful for a man to divorce his wife?’ They were putting him to the test. He answered them, ‘What did Moses command you?’ They replied, ‘Moses allowed us to draw up a writ of dismissal in cases of divorce.’ Then Jesus said to them, ‘It was because you were so hard hearted that he wrote this commandment for you. But from the beginning of creation he made them male and female. This is why a man leaves his father and mother, and the two become one flesh. They are no longer two, therefore, but one flesh. So then, what God has united, human beings must not divide.’ Back in the house the disciples questioned him again about this, and he said to them, ‘Whoever divorces his wife and marries another is guilty of adultery against her” (Mar 10:2-11)

 

C) Comment:

With a personal disposition (called motu proprio) that is unprecedented in this field, Bergoglio reforms the cases in which it is possible to cancel the Christian marriage.

The amazing and unprecedented thing, that many have not understood, is that Bergoglio, in this motu proprio, cites a number of cases brought as an example in which it is possible to cancel the marriage.

This list begins with the case of the lack of faith and ends with a etc. (etcetera). Which means that anyone who claims to have been married but without having faith, can request the cancellation, without taking into account the fact that the proclamation of the Creed, and during the celebration of the marriage rite, the bride and groom are required to confirm and profess solemnly their own faith, in front of the celebrant, witnesses and assembly.

However, the most amazing thing is that the cases cited by Bergoglio in the motu proprio end with an indefinite etcetera.

This is baffling both from a strictly legal point of view and from a pastoral point of view, because in fact it dramatically opens the possibility to undo marriages, in an indiscriminate and uncontrolled way, leaving to the individual, the subjective evaluation of the cases whether to cancel the marriage or not.

This means that the same motivation in some dioceses could be considered as valid to cancel the marriage, in others not, opening in fact a situation of total confusion.

Everything is left to the subjectivity of single individuals, that will interpret the rule in a subjective and relative manner.

The indissolubility of marriage sanctioned by Jesus, in fact, no longer is.