
The Catholic approach to marriage
and the termination of marriages is a bit more complex than those who say that
the 2000 year tradition of the Catholic Church has had a consistent theology of
marriage and has never allowed for divorce.
Theologians often make this mistake because they look at the theological
tracts which set an ideal but overlook the civil law tracts and the secular
literature which portray a reality that only too often is different from that
ideal. John Boswell, the late Yale historian
who wrote about same-sex marriage in the Middle Ages (and offers a strong but
not convincing argument that such unions were blessed by the Church) somewhat
cynically points out that in the ancient and medieval worlds marriages were
arranged because of property, in the middle were about having children and
ended up being about love and contrasts this with the modern experience where
marriages are arranged because of love, in the middle are about having children
and end up being about property. Cynical,
but far too often, true. Divorce is a
fact in modern life and we as Church are going to have to deal with it. Much like the phenomenon of same-sex
attraction, another feature of modern life with which many are too
uncomfortable to acknowledge, marital breakup has always been a part of society
and while often swept under polite society’s rug, cannot be denied and must no
longer be ignored.
Let’s begin with the
obvious. There is a clear and absolute
prohibition of divorce in the New Testament.
Mark (10:2-12), the oldest gospel and presumably the most accurate in
its relaying the original words of Jesus, declares without qualification that
any man or woman who divorces and then marries another, commits adultery. Luke
(16:18) repeats this absolute and unqualified prohibition. Matthew, (5:31-32; 19:3-12) repeats it but
with a qualification that permits a man to divorce his wife for reasons of
(presumably her) unchastity but warns that whoever marries a divorced woman commits
adultery. Matthew also states that a man
who divorces his wife for reasons other than unchastity forces her to commit
adultery since the woman in that society would be all but required to seek a
new marriage for economic and sociological reasons. There was simply no place in Near Eastern
society of the time for an unmarried woman other than a widow whose sons were
obligated to shelter and protect her. A
woman whose husband had divorced her was legally a non-person and had no means
of support except remarriage, concubinage, or prostitution.
In addition to the gospels, Paul
in 1 Corinthians (7:12-15) makes it clear that when the marriage of two
Christians fail, they must either remain single or be reconciled. If, on the other hand, one partner or the other
is not a Christian and leaves the Christian partner, then the marriage is
dissolved leaving the Christian free to marry.
The Christian partner, however, must not be the one to leave the
marriage. Paul makes it clear that this
is not divine law—indeed his is not an exception consistent with what Jesus
said—but his judgment, and it is the foundation for the so-called Pauline
Privilege or Privilege of the Faith that even today permits a non-sacramental
marriage to be dissolved. This linking of indissolubility to sacramental
marriages (marriages between two Christians) rather than to marriage itself is
a significant shift away from the Gospel Teaching found in Mark and Luke.
The teaching of the New Testament
is pretty clear and, except for Matthew’s fudging it in his gospel, pretty
consistent. Marriage, or at least the
marriage of two Christians, is indissoluble.
But that does not mean there was a clear theology of marriage from the
first days of the Church. Most Catholics
are surprised to learn that the Church did not require a Church ceremony or the
blessing of a priest for sacramental validity until as late as 1917. Marriage was officially enumerated among the
Sacraments only at the Fourth Lateran Council in 1215—though that does not mean
that various theologians had not spoken of it as a sacrament or that marriages
before 1215 were not sacramental. It was
only in the 1215 Council that the Church definitively listed which rites were
sacraments. But the history of Councils
and papal decrees is much more complex than one would think from reading the
Christian scriptures. Divorce and remarriage were
common in the Graeco-Roman world in which ancient Christianity found itself
transplanted from Judaism. Divorce, for
that matter, was not difficult in the Judaism of Jesus’ day which is what
triggered Jesus insisting that the separation of spouses was not part of God’s
original plan but a concession made by Moses because “of the hardness of your
hearts.” Christians in the pagan
societies that comprised the Roman Empire strived to live by different moral
standards than those set by the culture and marital fidelity was among the
chief values they set for themselves.
Indeed adultery was one of only three sins that were judged sufficiently
grave to require absolution before the sinner was reconciled to the community
and could again partake of the Eucharist. Compared to their writing on
Baptism and Eucharist, or even martyrdom for that matter, the Fathers wrote
comparatively little on marriage.
Athenagoras of Athens (c.190) and Clement of Alexandria (c 215) give
witness to the common belief of their time that not only was marriage indissoluble
in this life, but also in eternity and thus second marriages—even for those who
were widowed—were at the least to be discouraged if not outright banned.
Clement actually gives us a rare positive view of marriage where he sees the
family as the domestic church, the two or three (husband, wife, child) gathered
in Christ’s Name where Christ is present in their midst. Most of what one finds in the
Fathers about marriage is negative. It
is certainly not as pleasing to God as is virginity and married life is filled
with troubles that distract us from God and the work he has set before us. Paul’s magnificent insight of the
relationship of the husband and wife being a visible sign of the relationship
of Christ and the Church is overlooked.
Probably because there was no liturgical rite associated with marriage
in these early centuries—wedding customs more or less followed the cultural
patterns of the times—most Christians lacked a consciousness of its sacramental
nature. That is not to say that they did not value it or did not live it well,
but they most likely were not as conscious of its sanctity in the same way we
are today. At its best it probably
seemed to be a concession to the weakness of human nature—and that is certainly
the way that much of the patristic literature portrayed it. That did not mean, of course, that divorce
and remarriage were sanctioned.
One important voice, however,
that does record some openness to the issue of divorce was Tertullian. Writing against Marcion sometime around the
year 200, Tertullian declared that since Jesus himself (in the Gospel of
Matthew) had given the exception of unchastity as an allowable reason for
divorce, that there was no absolute prohibition of divorce; and implies that since
the prohibition is not absolute there might be other reasons as well. I think we need to be careful with his
argument, however, for several reasons.
First, of course, is that his argument ignores Mark and Luke where the
prohibition is absolute. Secondly
Tertullian was not writing about divorce but about Marriage, which Marcion and
his disciples condemned as a corruption of our human nature. (No wonder that the sect died out.) Since
Tertullian was opposed to second marriages for those who were widowed, one
cannot extrapolate from his support for divorce that he argued to permit
remarriage for the divorced.
The mass influx of converts that
resulted from the Barbarian invasions of the fourth through the tenth centuries
brought the Western Church face to face with a variety of cultures that all but
swamped the barque of Peter on a number of levels, not least of which were
marriage and family customs. The
Germanic tribes represented by the Franks, the Goths, the Visigoths, the
Lombards and others had their traditional marriage laws and customs and were
slow to give them up. Most disturbing
was the ease in which their magnates set aside one wife in favor of another
whose family connections were politically more advantageous. This led to a period in the early Middle Ages
(the 4th- 8th centuries) in which divorce and second,
third, fourth and fifth marriages was just a factor of political life despite
the Church’s efforts to introduce its moral code. It would also lead in the central Middle
Ages (the 9-11th centuries)
to the development of annulment processes which were more often a matter of
politics than of remedying canonical irregularities.
Pope Gregory II declared in 726:
You have asked what is a husband to do if his wife, having been
afflicted with an infirmity, is unable to have sexual intercourse with her
husband. It would be good if he could remain as he is and practice
abstinence. But since this requires
great virtue, if he cannot live chastely, it is better if he marry. Let him, however, not stop supporting her,
since she is kept from married life by her infirmity and not by some detestable
fault.
This is a pretty dramatic
departure from the New Testament standards for marriage and, to be fair, while
it is a comparatively early statement, it is quite exceptional in the long list
of papal decrees regarding marriage.
Certainly by the canon law reforms of the 12th century there
was a consistent teaching on the indissolubility of marriage and there are any
number of cases of matrimonial ruptures being referred to the Holy See for
annulment. The ill-fated marriage of
Lothair II and Teutberga caused an annulment dispute from 857 until Lothair’s death
in 869. The fifteen-year marriage of
Louis VII and Eleanor of Aquitaine was annulled (on pretty shaky grounds) by
the Archbishops of Sens, Rouen, Bordeaux, and Reims with the blessing of Pope
Eugenius III in 1152. Annulments were
the Catholic way around the prohibition of divorce and were the things of
royalty and the upper nobility where marriage and politics were linked; common
folk could not get annulments and did not seek them but simply changed
beds.
Before we continue on, we should
also look at the medieval Irish Church.
Despite the beloved mythology, Saint Patrick did not bring Christianity
to Ireland. By the time Patrick arrived
in Ireland in the mid-fifth century the nation was already well on the way to
being Christianized. Current thinking
places the introduction of Christianity to Ireland in the fourth century with
monks from Egypt seeking solitude and refuge at what was then the edge of the
known world. Patrick, and his predecessor, Palladius, were sent a generation
later by Popes anxious to snap the Egyptian connection and bring the Irish
Christians into the mainstream of the western Church. It was a highly unsuccessful effort. Until the 12th century and the
work of Saint Laurence O’Toole as Archbishop of Dublin, the Irish Church was
all but independent of Rome and highly idiosyncratic in its practices. It would take several postings to give an
idea of just how much the Irish Church differed from the rest of Western
Christendom but in regards to marriage suffice it to say that Brehon Law
recognized ten different types of marriage between a man and a woman. Moreover, polygamy was common and polyandry
was not unknown. Divorce was acceptable by mutual consent and was not
infrequent. The Irish Church was not
organized by dioceses but by the ancient clan system and authority was not
exercised by bishops but by the familial abbot—or sometimes abbess—and thus it
was not always easy for the Church to super-impose its ideals over the ancient clan
traditions. Indeed, the social deviances of early and central medieval Ireland
led to the Bull, Laudabiliter, the
papal blessing for the English to come over and straighten things out in
Ireland in 1171.
As to what was happening in
England and on the European continent during the early and central Middle Ages
(c.350-1100), remember that the vast majority of people—98% of the
population—were peasants who worked the land.
Their lives were simple and their education was nil. Their priests were most often simply peasants
themselves who had learned a little bit of Latin and who farmed their lands
from Monday through Saturday in an effort to feed their own families. They had
not gone to seminary. They knew nothing
of canon law. Much of the time they did
not even understand much of the Latin they read at the altar. Marriage in this world was informal at
best. Church ceremonies were for the
nobles. In some cases, a blessing may
have been given at the Church door upon a newly married couple, but formalities
were, by and large, few. We really don’t
know what the success rate of marriages was for the working classes and no one
bothered to keep records. There does
seem to have been considerable stability in the families but that doesn’t mean
there wasn’t a turnover in who was sleeping next to whom at night.
Life-expectancy was low and women in particular often died very young, leaving
their husbands to find a second or even a third wife. In such cases where a man is noted as having
a second or third wife we should not necessarily presume that he was widowed. Where marriage was less than formal it is not
unreasonable to think that partners at times simply up and left—or were thrown
out for various reasons from adultery to infertility.
Strange as it may seem to us, the
question of admitting those in irregular unions to communion is an entirely
separate question from divorce. Most
people, whether in sound marriages or second unions, did not go to
communion. Ever. Reception of Holy
Communion by the laity, especially the peasantry, had all but died out between
the seventh and the tenth centuries due to the rigorous fasts required, the
profound sense of personal sinfulness that was inculcated in the faithful, and
an extraordinarily “High Christology” that encouraged a superstitious fear of
Christ in his Eucharistic Presence. In
1215 the Church had to require that the faithful receive Holy Communion
annually. The fact that you need a law to make that happen means that it is not
happening and that is why you make the law.
So while divorce (at least informal divorce) and remarriage (at least
informal remarriage) was probably not rare it did not impact the communion
question, at least until the time for the person in an irregular union to
summon the priest for viaticum. The
exclusion of people from Holy Communion was not an issue in the Medieval period. It was not rare for Pope or Bishops to place
entire cities under interdict and the complaint was not that the living could
not receive Holy Communion but that the dead could not be buried and Masses
could not be offered to free them from purgatory. Nowadays things are very different, of
course. The regular and frequent
communions desired by Pope Saint Pius X have radically changed our Catholic
culture. We cannot conceive of going to
Mass and not receiving Holy Communion.
There are some in the Church today who think that frequent communion has
lessened our appreciation for the Sacrament.
But the 20th and 21st centuries have seen the
greatest number of Catholics receiving the Eucharist since the sixth century
and the collapse of the ancient Christian world. The problem with frequent communion, however,
is that those who are not free to receive the Sacrament—whether for the need of
absolution or because they are not in full Communion with the Catholic
Church—experience themselves as excluded and even shunned. None of this provides an answer
to the questions facing the upcoming Synod on the possibility of admitting
those in non-canonical marriages to Holy Communion. The Church has lived with divorce and
remarriage before, but not had the face the challenge, at least on a general
scale, of admitting the remarried to Holy Communion. This much we can do, however, and in fact
must do. We need to stop pretending that
the challenge of integrating the divorced and remarried into the life of the
Church does not exist. It has existed in
the past. In the recent past, at least,
we have not done well with it, and we must design a future for the Church that
permits all people to find a place in the family of God without judgment or
condemnation by the clergy or by their peers. I think it also means that we
need to be far more proactive in supporting programs that help Catholics
develop and live sound familial lives.
Marriage Encounter has been one wonderful way of “forming” couples and
families in the vocation of Christian Marriage. We need to give Marriage
Encounter, Teams of Our Lady, and other couple-based programs strong
encouragement in our parishes. But we
also need to do far more. And the problem is not limited to married
couples. We presume that once baptized
as an infant and catechized for First Communion, a Christian has all the tools
he or she needs to live a life of discipleship when in fact there is a need to
bring the principle of a life-long ongoing formation in Christian living into
the lives of all those who sit in the pews Sunday after Sunday and then go
about their lives through the week trying—or maybe not trying—to be
Disciples. I wish I could say that the
clergy need to take this task as their own but my experience is that they are
most in need of being called to discipleship.
It isn’t enough to read one’s Office and say one’s Mass—the fire needs
to be rekindled from top to bottom in the Church today.