Canon 1060 of the 1983 Code of Canon Law states: "Marriage enjoys the favor of the law; therefore, in case of doubt, the validity of the marriage must be upheld until the contrary has been proven."
Once a marriage has been properly celebrated according to the canonical discipline of the Church, that marriage is presumed to be valid until such a time that a doubt raised against that presumption establishes in fact and in law that a marital contract or bond was never established. Proofs of invalidity are submitted tribunals in the form of evidence from the parties to the marriage themselves as well as from credible witnesses. The evidence is collected and weighed against the presumption of validity. In the judgment of the tribunal, if the evidence is sufficient to prove the claim of invalidity, the presumption is overturned and the marital bond is declared to have been null and void at the very time of consent. If the evidence does not rise to this standard of proof, the tribunal declares that the presumption of validity still holds and neither party is free to attempt a future marriage.
The Church considers this presumption of the validity of properly celebrated marriages necessary to the Catholic community to protect the very dignity and stability of the Sacrament of Holy Matrimony itself. Moreover, the presumption protects couples who may either be overly scrupulous about the legitimacy and morality of their relationship or who have a rightful claim to both the privileges and responsibilities which arise from the marital contract.
But what is essential to note in this traditional Catholic teaching is that the validity of a marriage is fundamentally a presumption. This means that the Church simply assumes that each party entered into marriage in such a way that a valid marital bond was established. For this to have happened, each party must have (1) come forth freely and without any external duress of any kind; (2) not have been hindered by any impediment which would have prohibited the establishment of a valid bond of marriage; (3) been fully cognizant of the rights and obligations of the marital relationship; and (4) been fully capable of fulfilling these obligations in deed and in fact.
If there is evidence that any one of these four requirements was lacking at the time of consent, the presumption of validity cedes and the marriage is determined to have been null and void from the beginning.
When Pope Francis stated that "a great majority (later redacted to "a portion") of our sacramental marriages are null because couples do not enter them with a proper understanding and acceptance of permanence and commitment, it is clear that the Holy Father was attacking the very idea that marriages properly celebrated in today's Church do not enjoy this traditional presumption of validity.
Why?
Because, as we have seen, the Catholic culture has been so weakened in modern times that the very concept of marriage as a permanent, lifelong relationship of exclusivity and fidelity are no longer part of the average Catholic's experience or appreciation.
Our Catholic faithful do not live in a theological bubble which protects them from the day to day experience of broken marriages and families. They are aware of and interrelate with family members, close friends, co-workers, indeed fellow parishioners who have suffered the heartache of divorce. They suffer with those who have been traumatized by the effects of broken promises and unfulfilled responsibilities. They rejoice when these same people are able to rebuild their lives and find happiness in a loving relationship with another.
Catholics live in a secular culture which does not socially stigmatize the divorced. Catholic communities seek more and more to reach out to the separated, divorced and remarried.
As we have seen, more than a third of all millenials claim no church affiliation. Just 16% identify themselves as Catholic. Clearly, the Catholic culture is not being conveyed to or being acquired by these succeeding generations of the Church. And yet, we have admitted that culture plays a central and essential role in the formation of a human being as a moral and religious person.
How, then, can the Church presume that Catholics today, living in the increasingly secularized society in which divorce is so pervasive and easily accepted, are either full aware, accept and are capable of the commitment to permanence and fidelity which are essential to the establishment of a valid marital bond?
The simple answer is this: they can't be presumed to bring to marriage a requisite understanding and a willingness to accept that the Sacrament of Marriage is an indissoluble relationship in which the parties bind themselves to a lifelong relationship of exclusivity and fidelity "no matter what may happen in their futures".
In fact, a contrary presumption is more likely, namely, that couple today enter into marriage with a preconception that, if the relationship encounters significant or insurmountable problems, divorce remains a viable and likely option open to them. The presence of such an understanding or belief would render any attempt at marriage null and void from the beginning.
I agree with Pope Francis' original declaration that "the great majority" of marriages celebrated in the Church should be presumed to be null and void because the parties to these marriages have been so inculcated into the secular values of society today that they are simply incapable of understanding and fulfilling the responsibilities and obligations of sacramental marriage.
After over a decade of experience as a tribunal judge myself, I must confess that I left this particular ministry wondering if the only valid marriages that existed were the ones which were never brought to the attention of a Church court.
Though the very idea is shocking and disturbing, I believe that Pope Francis has put his finger on a truth, an inconvenient and uncomfortable truth. The Church has lost its influence upon modern society and culture which, in turn, are weakened by the absence of the Church's vision and understanding of the dignity and beauty of Holy Matrimony.
What will it take to restore the presence and influence of a Catholic culture on modern society? Certainly, the answer to this question will be constitute both the mission and the labor of the Church for generations yet to be born.
May the Holy Spirit inspire future Popes and bishops, as well as future generations of the Catholic faithful to both proclaim and live according the truths imparted to the Church by Christ Himself and nourished by His Grace.
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