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A Rota case dealing with the ‘divorce mentality’

October 10, 2014

Good questions are being raised about the potential impact of a pervasive “divorce mentality” on people attempting to enter marriage these days. As a contribution to that discussion I think some might find useful a translation of an annulment case dealing with the “divorce mentality” heard by the Roman Rota back in 1956 (yes, more than 50 years ago, for those who think the Church is just getting around to noticing this phenomenon). The brief sentence in that case is recorded at coram Filipiak, 23 mar 1956, SRRD 48 (1956) 255-258, and my translation of it is here.

A blog post is not the place for a complete lecture on Catholic doctrine on marriage and divorce, on the role of the Roman Rota in Church life, on the limited role of judicial cases in shaping canon law (see c. 16 § 3), or on the impact of coram Filipiak on later jurisprudence. I’ll just say beware of shallow commentary on all such matters and turn first to the plain meaning of official ecclesiastical documents for guidance in these troubled times. + + +

Of related interest (views of major prelates)

Burke’s EWTN interview (notes thereon)

Coccopalmerio and Tettamazni support Communion for Catholics remarried outside the Church, or, do they?

Coccoplamerio on annulment reform, and a new idea to streamline the annulment process

Wuerl on whether norms for Communion reception are doctrinal or disciplinary

Collins’ small but excellent point on pressure to receive Communion

Kasper’s most recent misleading language about marriage and annulments

Scola and the ‘administrative option’: some problems

Of related interest (selected other)

Addressing a concern about the elimination of mandatory review

A quick guide to the annulment reform debate

Confusing validity and sacramentality in marriage, here, and here

Three topics for the Synod: abolition of canonical form, reform of annulment process, clear distinctions regarding ‘same-sex unions’ and ‘same-sex marriage’.


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