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Boudway vs. Murray is not even close

October 25, 2017

The nonchalance with which some non-canonists try to argue canon law with canon lawyers these days verges on the remarkable. But, folks, these aren’t fair fights; they are scarcely even interesting. The latest example is Matthew Boudway over at Commonweal.

Somehow Boudway has gotten it into his head that Fr. Gerald Murray (J.C.D., Gregorian University, 1998) thinks that the Catholic Church holds that “all valid marriages are indissoluble” even though the Code of Canon Law (which apparently Boudway looked at the other day) indicates a few instances wherein valid marriages can be dissolved (i.e., the papal dissolution of non-consummated sacramental marriages and of certain non-sacramental marriages per Canon 1142 and the Pauline Privilege dissolution of marriage per Canons 1143-1147). Thinking he has fingered a truth that Murray should find inconvenient, Boudway wonders why Murray (who opposes the assault on the Church’s teaching on marriage being conducted under cover of Amoris laetitia) is not embarrassed by these supposed examples of “the Catholic Church … condoning a narrow category of adultery for much of its history.”

Yes, it’s embarrassing, alright. For Boudway.

I’ll do this quickly.

The Catholic Church does not teach that “all valid marriages are indissoluble”. She teaches, more precisely than Boudway grasps, that all valid marriages are ‘intrinsically indissoluble’ (not a happy adjective, but one that trained canonists understand in this context) meaning that the parties to a valid marriage (be it natural, merely sacramental, or sacramental and consummated) cannot dissolve it. There are no exceptions to the intrinsic indissolubility of marriage. None.

The notion of intrinsic indissolubility leaves open the possibility, however, that an ‘extrinsic’ power might, might, under certain, unusual-to-rare, circumstances be able to dissolve a valid marriage (say by ‘Petrine privilege’ with regard to non-sacramental marriage between a baptized and a non-baptized party); that a subsequent marriage might dissolve a non-sacramental marriage between two non-baptized persons (the Pauline Privilege); or even that a sacramental but non-consummated marriage could be dissolved by papal act. But these cases are not “exceptions” to some ‘rule’ whereby all valid marriages are supposedly ‘extrinsically‘ indissoluble because such a rule does not exist.

What rule does exist, as Murray knows, and as the Church has held since her inception, is the rule now set out in Canon 1141 (but incredibly not cited by Boudway!) that: “A marriage that is ratified [i.e., between two baptized parties] and consummated [i.e., the conjugal act has taken place between the spouses] can be dissolved by no human power (i.e., not a pope, not the state, and not the parties) and by no cause, except death” (my emphasis). Period. End of discussion.

In short: Valid, consummated marriage between two baptized people is (intrinsically and extrinsically) indissoluble (see Canon 1056) except by death; persons in such marriages attempting other marriages enter a state of “public and permanent adultery” (CCC 2384) and thus may not be admitted to holy Communion (Canon 915).

Fr. Murray understands this perfectly and proclaims it faithfully.

Update, Mr Boudway replied to the above comments here. I replied to his response here.

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