The Admission of The Divorce-Remarried in The Holy Eucharist

ATENEO DE MANILA UNIVERSITY
DEPARTMENT OF THEOLOGY
THE ADMISSION OF HOLY COMMUNION

OF THE DIVORCE-REMARRIED
IN THE HOLY EUCHARIST
A paper presented in partial fulfillment of

the requirements for TH131
Presented by, Instructor;
Trisha Kaye V. TIBURCIO Joseph B. Johnson

II
TABLE OF CONTENTS
BIBLIOGRAPHY ......................................................................................................................3
INTRODUCTION .....................................................................................................................4
CHAPTER I: ARGUMENTS FOR THE DIVORCEES EXCLUSION FROM THE
SACRAMENTS.........................................................................................................................4
§1. INDISSOLUBILITY OF MARRIAGE .......................................................................4
§2. THE MAGISTERIUM.................................................................................................6
§3. PASTORAL SOLUTIONS ..........................................................................................7
CHAPTER II. FACING THE CHALLENGES OF DIVORCE AND SECOND MARRIAGE.
8
§1. MORAL STATE ..........................................................................................................9
§2. AMBIGUITY OF ARGUMENTS ...............................................................................9
§3. THE THREAT OF A MARRIAGE BREAKDOWN ................................................10
§4. VICTIMIZATION AND DISCRIMINATION .........................................................11
CHAPTER III. ADMISSION OF DIVORCE-REMARRIED IN COMMUNION.................11
§1. MARRIAGE BREAKDOWN ...................................................................................12
§2. EXCLUSION FROM SACRAMENTS .....................................................................12
§3. MINISTRY OF CONSOLATION .............................................................................14
III
BIBLIOGRAPHY
Congregation for the Doctrine of the Faith. Letter to the Bishops of the Catholic Church
Concerning the Reception of Holy Communion by the Divorced and Remarried Members of
the Faithful. September 14, 1994. The Holy See.
http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_1409
199 4_rec-holy-com-by-divorced_en.html (accessed March 1, 2018)
Goodstein, Laurie. Inside Pope Francis’ Statement on the Family. The New York Times.
April 8,2016, https://www.nytimes.com/interactive/2016/04/08/world/europe/pope-francis-
statement-on-family.html (March 8, 2018)
Kelly, Kevin T. "Divorce and Second Marriage: Facing the Challenge." 2nd ed. London:
Geoffrey Chapman. (1996):
Parker, Diantha. "Stories of Catholic Marriage and Divorce." January 25, 2015. Accessed
March 7, 2018. https://www.nytimes.com/interactive/2015/01/24/us/catholic-divorce-reader-
stories.html.
Pope Francis. Apostolic Exhortation. Amoris Laetitia. March 19, 2016. The Holy
See. https://w2.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-
francesco_esortazione-ap_20160319_amoris-laetitia_en.pdf
Ratzinger, Joseph. “Concerning Some Objections to the Church’s Teaching on the Reception
of Holy Communion by Divorced and Remarried Members of the Faithful.” 1998. The Holy
See. http://www.vatican.va/roman_curia/congregations/cfaith/
documents/rc_con_cfaith_doc_19980101_ratzinger-comm-divorced_en.html (accessed
March 1, 2018)
IV
1. INTRODUCTION
The church has always been steadfast in protecting marriage and safeguarding the value
of its indissolubility. Therefore, those who are joined in union with Christ and deviate from
their faithful union are ruled out from receiving any sacraments. Consequently, individuals
who have committed divorce and remarriage are alienated from the community and are
somewhat discriminated in the Church of Christ. However, due to the growing complexity of
the phenomena and a growing number of divorcees wanting to take part in the Eucharist of
Christ, certain arguments have been raised with regards to the actual effects of this exclusion
and whether there is a need for reform in the pastoral solutions regarding this phenomenon.
In coming up with a position regarding the issue, the researcher used four articles with
two opposing views to argue her claims. Articles that take an affirmative position in the
thesis statement are will then be juxtaposed to the following articles that take a negative
position with regards to the thesis statement.
Ultimately, the researcher will summarize the points and argue for the stand chosen: The
Catholic Church should admit the divorced and civilly remarried to Holy Communion.
2. CHAPTER I: ARGUMENTS FOR THE DIVORCEES EXCLUSION FROM

THE SACRAMENTS
A. INDISSOLUBILITY OF MARRIAGE
In the admission of the divorce-remarried in receiving the communion during

the Eucharistic celebration, it implies a certain flexibility in the premises regarding
the indissolubility of marriage and a certain leniency towards the contradictions
presented through this admission.
According to the episcopal document by Joseph Cardinal Ratzinger, the New

Testament pertains to the indissolubility of marriage and allows for a more flexible
V
application therefore it cannot be classified in a strictly legal sense.1 One example

presented is the Porneia, wherein a flexible application of the words of Jesus were
applied, and a case of separation because of the faith.2 However, in the Old
Testament, Jesus clearly identifies that the practice of divorce is a consequence of the
hardness of the human heart and emphasizes that “what God has joined together, no
human being must separate” (Mk. 10:9).
The act of divorce and remarriage is an open contradiction to the teachings of

God as their “state and condition of life objectively contradict that union of love
between Christ and his Church which is signified and effected by the Eucharist”3.
Furthermore, their admittance to communion can also cause confusion between the
members of the faithful with regards to the stand of the church with the indissolubility
of marriage. It can raise questions with regards to the value of marriage and the
inseparability of those who were joined in front of God. However, there are certain
instances wherein marriage can be considered invalid.
The Privilegium paulinum dictates that the marriage can be dissoluble only
under certain circumstances for the good of the faith4 and the possibility of separation
is only viable if the union was between a Christian and a non-baptized person.
Needless to say, if the reason for separation does not fall under this spectra, then the
new union cannot be recognized since the old union was valid.
1
Ratzinger, Joseph. “Concerning Some Objections to the Church’s Teaching on the Reception of Holy
Communion by Divorced and Remarried Members of the Faithful.” 1998. The Holy See.
http://www.vatican.va/roman_curia/congregations/cfaith/ documents/rc_con_cfaith_doc_19980101_ratzinger-
comm-divorced_en.html (accessed March 1, 2018), §1
2
3
Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church Concerning the
Reception of Holy Communion by the Divorced and Remarried Members of the Faithful. September 14, 1994.
The Holy See, http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_1409199
4_rec-holy-com-by-divorced_en.html (accessed March 1, 2018), §4
4
VI
B. THE MAGISTERIUM
There have be accusations against the current magisterium with regards to the
reversal of doctrinal development of the council from a legalistic to a more personalist
point of view. One aspect of this would be the characterization of marriage as a
covenant of love and life5. While this has given way to come up with more possible
humane solutions to the issue, as it deviates away from rigid, legalistic descriptions,
this also gives rise to the question on whether or not there can be an actual death of
marriage when the personal bond of love between the spouses no longer exists6.
Ultimately, this raises the question on whether or not the pope would have the
capability of dissolving the bond marriage in these particular cases.
However, Zartinger argues that the central assertions are based on Gaudium et
spes and it does not revise but further develop the teachings, through a personalist
line7. Marriage, as a sacrament, is not solely characterized by its legalistic sense but
delves into the “depths of humanity and into the mystery of the divine”. 8This furthers
the argument that the law, or the juridical aspect, is not everything but is one part of
an entire whole.
Therefore, the acceptance of the theoretical argument of the death marriage

when the bond of love is gone, ultimately allowing divorce invalidates the
indissolubility of marriage and can no longer be considered as an ultimate truth but a
practice that is only upheld by word.
5
comm-divorced_en.html (accessed March 1, 2018)
6
comm-divorced_en.html (accessed March 1, 2018)
7
comm-divorced_en.html (accessed March 1, 2018).
8
VII
C. PASTORAL SOLUTIONS
The Church is merciful and forgiving in its very nature and this is manifested
through pastoral care. This act of forgiveness is done through the pastors who are
called to help them experience the charity of Christ and the church as a merciful
mother. However, the church can only exercise this merciful nature to the extent that
the situation and the act is still in fidelity with God’s word. As in the case of the
divorce and remarried, it is the task of the pastor to remind them of the church’s
teaching and how their actions should still be in fidelity with gospel. As stated in the
episcopal document by Joseph Ratzinger, “authentic understanding and genuine
mercy are never separated from the truth”.9
As mentioned above, although there is a clear consensus among the Fathers

regarding the indissolubility of marriage, there is no set guidelines of how pastors
should deal with the situation. Therefore, the decision is often left to their discretion,
with regard to their own particularities in their regions. However, the decision is not
solely based on what the pastor feels is right. Their role entails not only discerning
carefully the different situations, but also obliges them to encourage the divorce-
married to actively participate in the life of the church.
In a sense, they are also called to help these people navigate their life inside
the church. Therefore, this pastoral solution of encouraging active participation
despite their state is not a matter of discrimination but an effort to welcome the person
and be in fidelity with the teachings of God.
In addition, questions regarding the pastoral nature of the church have also
been brought up. The position of the church on the question of divorced and remarried
faithful has been observed to be leaning towards a more legalistic sense as the rigidity
9
Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church Concerning the
Reception of Holy Communion by the Divorced and Remarried Members of the Faithful. September 14, 1994.
The Holy See, http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_1409199
4_rec-holy-com-by-divorced_en.html (accessed March 1, 2018), §3
VIII
of the law prevails over an understanding of dramatic human situation.10 Furthermore,

the church also comes off as a judge that decides on who is excluded from what and
the responsibilities the person can be accounted for. The language in itself used in the
ecclesiastical documents serves as a barrier for a normal person to understand the
essence of what the law is saying. The legalistic language is difficult to understand
and the faithful often have to rely on preachers and catechists for a translation that
relates more to the people and the cultural environment in which they exist. This
serves as a hindrance for people to understand the demands of the gospel. However,
despite this difficulty, it must not be used as a justification for compromising the
truth. As an example, Zartinger states that John Paul II rejected so-called pastoral
solutions which stand in opposition to the statements of the magisterium.
3. CHAPTER 2: FACING THE CHALLENGES OF DIVORCE AND SECOND

MARRIAGE
While the document presented above justify the exclusion from communion of the
divorce-remarried, the document discussed below will try to argue for the possibility
of receiving Holy Communion of those involved in second marriages.
The basic premise of the article is that many of those who are involved in second
marriages often felt the need to be more involved in the life of the church. This stems
from their need of belonging, community-building, and building a rapport. While the
church has taken steps in prioritizing pastoral care for the divorce-remarried, there is
still a set limit to the fulfillment of the sacramental needs of these people. This
situation raises questions on the credibility of the church and its ability to cope with
the issues of the breakdown of marriages in present day. As a result, the consequences
that come about taking an indifferent stand on this issue ultimately detaches the
sacrament from the daily life of the community.
10
IX
A. MORAL STATE
Marriage is about faithful love and those in second marriages are in a state of
sin since it implies infidelity and a non-fulfillment of the obligation towards the
spouse. Therefore, they are alienated from God because they are in a state of mortal
sin. However, writings from theologians frequently imply that God’s grace may still
be alive and active in their lives and are encouraged to develop life in prayer and to
share in mission of the Church, sans receiving the sacraments. In some cases, it can be
argued that a person is doing this thinking that it’s in good faith. However, this is
insufficient as ‘good faith’ implies that the person is not aware of what he/she is
doing.
This situation gives particular importance to the law of gradualness wherein

two points of focus have to be kept in view namely, universal and particular. This law
of gradualness is directed towards a growing alignment of the particular with the
universal focus.11 Therefore, depending on their particular context, entering a second
marriage or remaining faithful to an already existing second marriage can certainly,
be rightly made for Catholics or rightly made for them.12
B. AMBIGUITY OF ARGUMENTS
The arguments presented by Pope John Paul II regarding their participation in the
life of the church has been ambiguous. An example of this would be that he states that
they are not separate from the church but is in need of sacramental reconciliation
supported by a radical change in their way of life.13
Another argument is that it does not explicitly state that the necessary
consequence for divorce and remarriage is the exclusion from Holy communion.
Through the recent development in Eucharistic theology, this liturgical change has
11
Kelly, Kevin T. "Divorce and Second Marriage: Facing the Challenge." 2nd ed. London: Geoffrey Chapman,
(1996): 67-68
12
(1996): 69
13
(1996): 69
X
also brought about a shift in focus and puts further emphasis on the celebration of the
Eucharist as a community, with saints and sinners together, and recognizes that each
member has a part to play.14 This shift in focus puts into question the pastoral wisdom
that maintains this exclusion of the divorce-remarried from communion. While it
gives great importance to the existing community of the Eucharist and, the problem
lies in disregarding its power to achieve an even greater unity. Furthermore, this also
goes against the participatory nature of the Eucharistic sacrament and our
understanding of the Eucharist as a celebration with the community.
C. THE THREAT OF A MARRIAGE BREAKDOWN
In the church’s defense, their practical concern of upholding the indissolubility of

marriage, cannot be glossed over. There are multiple reasons as to why they believe that
the preservation and happiness of married people necessitates upholding the
indissolubility of marriage. One pastoral reason is that it may cause the faithful to be
misled and cause a confusion about the church’s teachings.
The scandal argument states that the strength of the church’s witness for
indissolubility will be weakened by allowing these couples to the sacraments.15
Consequently, this predicts that this will cause a breakdown in marriage as it leads others
into evil and personal sin. However, the validity of scandal argument has not been
proven. There is no data available to conclude the accuracy of this argument since it
needs to be supported by experimental findings through investigating situations of
different localities who have either been lenient with regards to the acceptance of the
divorce-remarried and those who have been rigid.
Since the scandal argument states admitting these people would contribute to the
increase in marriage breakdown, an implication of this would be inaction from the
magisterium. However, in this case, inaction, can also contribute to the increase in
marriage breakdown. As a result of the consciousness of the evil involved in the situation,
14
(1996): 70-71
15
(1996): 73
XI
the church will do what it can to lessen the evil and ensure that no other personal or
human freedom is affected and that it is still in fidelity with the teachings of Jesus.
D. VICTIMIZATION AND DISCRIMINATION
The resiliency of the church regarding this issue is commendable as it stays steadfast
in safeguarding the positive human and Christian values it upholds. However, it can be
argued that there is a more effective way of combatting marriage breakdown that does not
include making the divorce-remarried feel discriminated. In theory, another approach
presented is to ensure these people that there is a seat for the at the Lord’s table and from
there, encourage them to involve themselves in events that support marriage.
This also requires that the church make it its top priority regarding apostolic policy.
The church was accused of giving low priority to the kind of work needed that enable
marriages to become truly indissoluble.
4. CHAPTER 3: INCLUSION OF DIVORCE-REMARRIED IN SACRAMENTAL

LIFE
In the opinion of the researcher, the Catholic church should admit the divorce-
remarried to the sacrament of Holy Communion. An analysis of the “Amoris Laetitia”
was used to juxtapose some of the points taken from the first few documents. According
to Goodstein,
It restores the role of personal conscience and reminds pastors to meet people where
they are. It will be a great encouragement specially to divorced and remarried
Catholics and anyone who feels they have been unwelcome in the church. The
message is: Welcome.16
16
Goodstein, Laurie., Inside Pope Francis’ Statement on the Family, The New York Times, April 8,
2016, https://www.nytimes.com/interactive/2016/04/08/world/europe/pope-francis-statement-on-
family.html (March 8, 2018)
XII
The apostolic exhortation was met with varying reactions and acceptance as it was argued
that this could potentially destabilize the church as it leans toward a more personalist
interpretation as opposed to the legalistic aspect that the church has been accustomed to.
As a justification, Goodstein quotes from the apostolic exhortation that “A pastor cannot
feel that it is enough to simply apply moral laws to those living in ‘irregular’ situations, as
if they were stones to throw at people’s lives”.17
A. MARRIAGE BREAKDOWN
It can be argued that admission to the sacrament is a more effective way of

combatting marriage breakdown. The response to this has been divergent with a growing
number of groups receiving a certain level of approval.18 This is a manifestation of the
desire of some of these groups to find a solution for these groups to be admitted into the
sacraments. Ultimately, this can also be considered as an urgent plea for a re-examination
of the policies present on this matter. This constitutes a need for new pastoral solutions
that cater to the spiritual needs of the divorcees and takes on a more patriarchal
disposition.
Pope Francis clarifies the vision he wants local bishops and priests to follow, “as a
church that greets families with empathy and comfort rather than with unbending rules
and rigid codes of conduct”.19 In addition, it was echoed in many of the summary of
reports that puts into question the forgiving nature of the church and challenges the notion
that if the Jesus can forgive murders, why not the divorcees?
B. EXCLUSION FROM SACRAMENTS
In the article by Goodstein, she discusses the scope of Amoris Laetitia as it

acknowledges the complexity and diversity of the modern world and calls for “an
17
Pope Francis. Apostolic Exhortation Amoris Laetitia, March 19, 2016, The Holy
See, https://w2.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-
francesco_esortazione-ap_20160319_amoris-laetitia_en.pdf §305
18
(1996): 87
19
Goodstein, Laurie., Inside Pope Francis’ Statement on the Family, The New York Times, April 8,
2016, https://www.nytimes.com/interactive/2016/04/08/world/europe/pope-francis-statement-on-
family.html (March 8, 2018)
XIII
examination of the situation of families in today’s world, and thus for a broader vision
and a renewed awareness of the importance of marriage and the family”20.
In an article by Diantha Parker of the New York Times, Elia Cuomo talks
about the difficulty of the situation of being divorced and integrating yourself into the
church. In the interview, Elia states that:
Even so, the experience was still something I didn’t want to talk about.
Intellectually, I know I had gone through the church’s process and had done
the right thing. But inside, I felt I was still not welcome in the body of Christ.
It wasn’t until my ex-husband died, in 1984, that I really felt accepted by the
church.21
Families today are under siege by the pressures of modern life and are in need of
rapport more than ever. Their exclusion from the blessed sacraments prove to alienate
them and their families from the rest of the faithful. Consequently, the participation of
their children in the life of the church is also affected. While the researcher holds the
view that those who were joined by Christ cannot be separated, therefore rending their
union indissoluble, this view is particularly unjust especially to those were only
victims of infidelity committed by their spouse. A testament by Valentina Bello
shows the discrimination she experiences as a divorcee:
Being Catholic is an integral part of who I am… I can’t say what it’s like as an
American, but in Latin America, they really make sure that you feel awful if
you want to take communion and there is a reason you can’t. I don’t take it
because I respect the service and the rules. (1)
20
21
Parker, Diantha. "Stories of Catholic Marriage and Divorce." January 25, 2015. Accessed March 7, 2018.
https://www.nytimes.com/interactive/2015/01/24/us/catholic-divorce-reader-stories.html.
XIV
This statement only affirms that this exclusion only proves to be destructive in the
lives of those who have the genuine intention of actively participating in the life of the
church.
A common argument used against the admission of the divorce-remarried is that it

may open the gates that would lead to a plethora of couples experiencing the same
problems to nullify their marriage. This, however, is difficult to prove since there is
no data to back up this claim. This lack of knowledge is not because of the lack of
possible groups that can be studied but in the lack of effort and resources geared
towards gaining a deeper understanding.
Although the difficulty lies between allocating resources to this study, this still
calls for the magisterium to find pastoral solutions to the issue that takes into account
the particular situations of the person.
In the exhort by Pope Francis Amoris Laetitia he adopts the solution presented by
German bishops that invites the divorce-remarried Catholics to seek the counsel of a
priest and avail of the “internal forum” wherein their conscience can be examined and
they could guide them towards determining their participation in the church. The
importance of asking for counsel is stated in Amoris Laetitia p. 304:
..it is reductive simply to consider whether or not an individual’s actions

correspond to a general law or rule, because that is not enough to discern and
ensure full fidelity to God in the concrete life of a human being.22
C. MINISTRY OF CONSOLATION
Archbishop Worlock proved to be have one of the strongest pleas and he spoke
out not only based on his own understanding but with the experiences of those who
are actively taking part in the life of the church. In his speech, he states that there
22
XV
should be, “both universal and local, a healing ministry of consolation”23. This is in
the context of those who are involved in a second-marriage but still have a genuine
desire to receive the sacraments and a full Eucharistic communion with the Church
and its Lord. However, there should, exist, a presumption that the candidate
understands and lives out the truths and values that the community is committed to.24
In addition, it is also important to recognize the constructive role of loyal

opposition25 as far as it is in solidarity with the good of the community and its
justifications are for the benefit of the faithful. However, responsible practice of this
should be safeguarded. The notion of responsible dissent states that making a fully
responsible Christian decision to present himself for absolution is possible for a
Catholic involved in second marriages.26 For as long as it follows that the obligation
to the “partner and children is fulfilled, the second marriage is lived in good faith, and
the desire for sacraments must be motivated by genuine faith.”
Furthermore, Amoris Laetitia also enforces that the priests have the duty to
help the divorce and remarried get the full grasp of their situation with the guidance of
the teachings of the church. In the article by Diantha Parker, Cindy Capwell, a
premarital counselor to Catholic couples state that:
I think there’s a disconnect between where we are in terms of living daily life
and the doctrines of the church. We need to focus on people who are in need
of spiritual or other kinds of support, and not get into whether or not they are
following church doctrine to the letter.27
23
(1996): 90
24
comm-divorced_en.html (accessed March 1, 2018), 86
25
comm-divorced_en.html (accessed March 1, 2018). 97
26
(1996): 97
27
Parker, Diantha. "Stories of Catholic Marriage and Divorce." January 25, 2015. Accessed March 7, 2018.
https://www.nytimes.com/interactive/2015/01/24/us/catholic-divorce-reader-stories.html.
XVI
While the researcher believes in becoming less legalistic, this approach still involves
reflection and a thorough examination of the conscience. This allows for the
possibility of a renewed commitment to take the responsibility of pastoral
discernment and the recognition that varying degrees of responsibility also constitutes
varying effectivity and application of rules for each individual.
To conclude, the church should admit the divorce-remarried to communion because

the church should not deny those who genuinely want to take part in the full essence of Holy
Eucharist, as it goes against the participatory nature of the sacrament. Although the
arguments regarding threat of a marriage breakdown is a practical concern, there is no data to
support that this will be the outcome if those who are second marriages will be allowed to
receive the sacraments. In addition, this situation calls for a re-evaluation of the pastoral
solutions that the church has with regards to the divorce-remarried and to take into
consideration the situation of families in the modern day context. This should instill in the
fathers a renewed sense of commitment in achieving a greater unity that is geared towards a
more encompassing pastoral care.

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ATENEO DE MANILA UNIVERSITY

THE ADMISSION OF HOLY COMMUNION

A paper presented in partial fulfillment of

Presented by, Instructor;

Trisha Kaye V. TIBURCIO Joseph B. Johnson

2. CHAPTER I: ARGUMENTS FOR THE DIVORCEES EXCLUSION FROM

In the admission of the divorce-remarried in receiving the communion during

According to the episcopal document by Joseph Cardinal Ratzinger, the New

application therefore it cannot be classified in a strictly legal sense.1 One example

The act of divorce and remarriage is an open contradiction to the teachings of

Therefore, the acceptance of the theoretical argument of the death marriage

As mentioned above, although there is a clear consensus among the Fathers

of the law prevails over an understanding of dramatic human situation.10 Furthermore,

3. CHAPTER 2: FACING THE CHALLENGES OF DIVORCE AND SECOND

This situation gives particular importance to the law of gradualness wherein

C. THE THREAT OF A MARRIAGE BREAKDOWN

In the church’s defense, their practical concern of upholding the indissolubility of

D. VICTIMIZATION AND DISCRIMINATION

4. CHAPTER 3: INCLUSION OF DIVORCE-REMARRIED IN SACRAMENTAL

It can be argued that admission to the sacrament is a more effective way of

B. EXCLUSION FROM SACRAMENTS

In the article by Goodstein, she discusses the scope of Amoris Laetitia as it

A common argument used against the admission of the divorce-remarried is that it

..it is reductive simply to consider whether or not an individual’s actions

In addition, it is also important to recognize the constructive role of loyal

To conclude, the church should admit the divorce-remarried to communion because

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