Discerning Cohabitation: Amoris Laetitia in the United States of America

Mary Catherine O’Reilly-Gindhart

In the United States today, about 18 million people are living with an unmarried partner in cohabitation.1 Almost a quarter of these people are over the age of fifty years old.2 The rate of cohabiting (even for Catholics) is nothing new either, and it is seen as an acceptable and realistic living situation by many millennials in the United States.3 What then does this mean for the Catholic Church in the United States? In 2016, Pope Francis published his Apostolic Exhortation, Amoris laetita, which was received with great positivity by Americans as well as by people from all over the world. This Exhortation gave special consideration to couples in “irregular situations” in paragraphs 293 through 312, and calls for a new pastoral and personal discernment on the topics of divorced, remarried and cohabiting couples. However, the terms of pastoral and personal discernment are very ambiguous to say the least, and certain American Catholic archdioceses, including my own in Philadelphia, have taken a stance against these considerations, which Pope Francis has outlined. Therefore, focusing on the issue of cohabitation, certain questions still remain; how is Pope Francis’s Apostolic Exhortation supposed to be carried out in Catholic parishes in America, and what do pastoral and personal discernment really mean? What does Amoris laetitia say about cohabitation? What are the reactions from the bishops around the United States? I plan to address these questions in three sections. First, I will outline a general overview of the cohabitation statistics in the United States of America focusing on older couples as well as the millennial generation. Second, I will examine sections 293 through 312 in Amoris laetitia and define Pope Francis’s vision on the personal and pastoral discernment of couples in “irregular situations”, especially in regards to cohabitation. Third, I will also give an overview of the reactions to Amoris laetitia on the topic of cohabitation by bishops from two archdioceses. In the third section I will also offer my own thoughts concerning Pope Francis’s approach to “irregular situations” in Amoris laetitia and give my own suggestions on how the United States bishops should receive this new exhortation.

1 P. Reaney: “More Americans 50 Years and Over Are Cohabiting, Research Shows”, http:// www.reuters.com/article/us-usa-cohabitation-idUSKBN1782RI; accessed 24.04.2017. 2 Ibid. 3 “Majority of Americans Now Believe in Cohabitation”, July 24, 2016, https://www.barna.com/ research/majority-of-americans-now-believe-in-cohabitation/; accessed 25.04.2017.

1. Cohabitation in the United States of America

It is important to comprehend the vast number of Americans affected by the issue of cohabitation in Pope Francis’s Apostolic Exhortation. Therefore, this section will provide statistics and information on cohabitation in the United States in order to visualize the relevance of Pope Francis’s Exhortation. Cohabitation is at a record high in the United States and for many it is the new norm. In a recent study by the Pew Research Center, seven percent of all adults in the United States were cohabiting in 2016,4 and fourteen percent of Americans between the ages of twenty-five and thirty-four were cohabiting, which is the highest among the age groups that the Pew Research Center analyzed.5 In 2016, the number of adults living in cohabitation aged 18 to 34 rose to 8.7 million people, from 7.2 million in 2015. In 2017, the Pew Research Center came out with new numbers concerning cohabiting couples over the age of fifty years old. In their report from April 2017, the number of cohabiting adults aged fifty years or older had risen by seventy-five percent since 2007.6 This is significant, since it shows cohabitation is no longer frowned upon or unaccepted by Americans across the country and across age ranges. According to the Barna Group, “The majority of American adults believe cohabitation is generally a good idea. Two thirds of adults (65 %) either strongly or somewhat agree that it’s a good idea to live with one’s significant other before getting married, compared to one-third (35 %) who either strongly or somewhat disagree.”7 What about numbers of cohabiting Catholics? There is a 2014 report from the Pew Research Center on “younger millennial Catholics”. The age range for their research targeted Catholics between the ages of 18 to 29. The research found twelve percent of younger millennial Catholics are currently living with a partner and are unmarried (cohabiting).8 Six percent are married, one percent are divorced or separated, and less than one percent widowed.9 Although this research does not include every single young millennial Catholic in the United States, it does give a good base point. Out of these same Catholics sampled, only twenty-six percent said they went to mass once a week while twenty-one percent said they never or seldom attend mass, and fifty-three percent said they went to mass once or twice a month or a few times per year.10 Therefore, it is interesting to also consider, what

4 R. Stepler: “Number of U.S. Adults Cohabiting with a Partner Continues to Rise, especially among those 50 and Older”, http://www.pewresearch.org/fact-tank/2017/04/06/number-of-u- s-adults-cohabiting-with-a-partner-continues-to-rise-especially-among-those-50-and-older/; accessed 23.04.2017. 5 Ibid. 6 Ibid. 7 “Majority of Americans Now Believe in Cohabitation”. 8 “Younger Millennials Who Are Catholic”, May 30, 2014, http://www.pewforum.org/religious- landscape-study/religious-tradition/catholic/generational-cohort/younger-millennial/; accessed 25.04.2017. 9 Ibid. 10 Ibid.

40 M.C. O’Reilly-Gindhart does being “Catholic” mean to millennials? Cohabitation is only likely to grow in the United States, and it is already growing at an extremely fast pace for adults over the age of fifty. Therefore, this issue is one of the reasons why the Catholic Church in the United States has begun discussing the message of Pope Francis’s Amoris laetitia, concerning cohabitation. However, a problem that has already become visible in the Catholic Church of the United States is the varied receptions concerning Amoris laetitia and how to understand the pastoral and personal discernment and mercy that Pope Francis implores.

2. Cohabitation and Irregular Situations in Amoris Laetitia

In Amoris laetitia, Pope Francis offers a new approach to Catholics who find themselves in “irregular situations”. His suggestion for these Catholics? Pastoral and personal discernment. Although these are not new methods within Catholic pastoral care, Pope Francis offers new encouragement on how parishes can be proactive in including more members of their parish community, who may have felt previously unaccepted due to their “irregular situations” of being divorced, remarried, and cohabiting persons. Amoris laetitia is a document that has capti- vated not only theologians since its publication, but it has also invoked the attention of lay Catholics, who find themselves in what the church deems “irregular situations”, or “situations of weakness or imperfection”.11 I will now give a general overview of Pope Francis’s remarks on Catholics in “irregular situations”, primarily focusing on the issue of cohabitation. The sections of Amoris laetitia that I will primarily reference are paragraphs 293 through 294 under the heading, “Grad- ualness in Pastoral Care” as well as paragraphs 296 through 312 from the section “The Discernment of Irregular Situations”. In the section, “The Discernment of Irregular Situations”, Pope Francis indi- cates that the way of the Catholic Church is not to condemn anyone forever, but to bestow mercy on those who ask for it.12 When assessing various cases, Pope Francis says pastors should avoid judgement and be attentive to how people are experiencing distress in their unique situations.13 He continues: “It is a matter of reaching out to everyone, of needing to help each person find his or her proper way of participating in the ecclesial community and thus to experi- ence being touched by an ‘unmerited, unconditional and gratuitous’ mercy.” (AL 297) Mercy is a central theme that is noted several times within this section of the Exhortation, and I will address its connection to Pope Francis’s emphasis of pastoral and personal discernment later on in this section. What is evident in the beginning of this section of “The Discernment of Irregular Situations” is the

11 Pope Francis: Amoris Laetitia, Post-Synodal Exhortation, March 19, 2016 [AL], https:// w2.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-francesco_ esortazione-ap_20160319_amoris-laetitia_en.pdf, §296; accessed 16.04.2017. 12 Ibid. 13 Ibid.

41 Marriage, Families & Spirituality 23 (2017) church’s intention to build a bridge to Catholics who have possibly felt alienated or cast out due to their individual situations. Pope Francis is clear that his merciful tone and non-judgmental approach to people living in “irregular situations” is not to be mistaken for leniency or a change in church tradition. He further asserts his message saying, In considering a pastoral approach towards people who have contracted a civil marriage, who are divorced and remarried, or simply living together, the Church has the responsibility of helping them understand the divine pedagogy of grace in their lives and offering them assistance so they can reach the fullness of God’s plan for them,’ something which is always possible by the power of the Holy Spirit. (AL 297) Therefore, the church has a mission to help those who are cohabiting, and this mission is to help these couples understand God’s plan for them. Cohabitation does not accord with the church’s teaching of sexuality. However, Pope Francis is reassuring in his Exhortation that the church will work with each person and help them discern their unique situations. The reference to cohabitation in Amoris laetitia is examined at length in paragraphs 293 and 294 in the section, entitled, “Gradualness in Pastoral Care”. Pope Francis acknowledges the reality of cohabitation across the world, and he also understands the many reasons why Catholics and non-Catholics choose cohabitation over sacramental marriage. He mentions the case of civil marriage in association with his discussion on cohabitation in paragraph 293: The Fathers also considered the specific situation of a merely civil marriage or, with due distinction, even simple cohabitation, noting that ‘when such unions attain a particular stability, legally recognized, are characterized by deep affection and responsibility for their offspring, and demonstrate an ability to overcome trials, they can provide occasions for pastoral care with a view to the eventual celebration of the sacrament of marriage.’ On the other hand, it is a source of concern that many young people today distrust marriage and live together, putting off indefinitely the commitment of marriage, while yet others break a commitment already made and immediately assume a new one. (AL 293) Pope Francis identifies that certain cohabiting couples are eligible for the eventual celebration of sacramental marriage and asserts that the choice of cohabitation is often motivated by cultural or conditional situations. Although Pope Francis has a clear idea that marriage is the ideal for couples who want to live together, he is also aware of these factors which can make entering into the sacrament of marriage more difficult for these couples. Many Americans, myself included, have taken out student loans to pay for their college tuition. In 2012, it was reported that over 71% of Americans have student loan debt.14 Therefore, for many Americans who have debt, along with trying to pay rent, car payments, phone bills, health insurance, car insurance, groceries, clothing, and many other

14 “A Look at the Shocking Student Loan Debt Statistics for 2017”, May 17, 2017, https:// studentloanhero.com/student-loan-debt-statistics/; accessed May 27, 2017.

42 M.C. O’Reilly-Gindhart daily expenses, the choice of cohabitation sometimes can be just a financial one. I have known many friends and colleagues who have chosen to cohabit with their significant other for many reasons. One of the most predominant reasons for their decisions to cohabit was for financial stability.P ope Francis conveys an understanding message in Amoris laetitia, which acknowledges that many couples who cohabit are doing so not because they do not want to get married, but because of the many conditional factors that are present in their lives. He writes, “The choice of a civil marriage or, in many cases of simple cohabitation, is often not motivated by prejudice or resistance to a sacramental union, but by cultural or contingent situations.” In such cases, respect also can be shown for those signs of love which in some way reflect God’s own love. (AL 294) Therefore, many who read these paragraphs in Amoris laetitia may ask the question, has Pope Francis said anything new in Amoris laetitia concerning cohabitation? The answer is yes. Mercy is the key to understanding Pope Francis’s message in this Exhortation. This can be seen in Pope Francis’s comments on a gradualness understanding of mercy. In paragraphs 293 through 295, of Amoris laetitia entitled, “Gradualness in Pastoral Care”, Pope Francis discusses the need for a merciful and helpful pastoral dialogue with young people who are in situations that are in contrast with the church’s teaching on marriage and the family. In paragraph 293 he suggests young people need a pastoral care that is not only merciful, but also helpful. Pope Francis writes: For the Church’s pastors are not only responsible for promoting Christian marriage, but also the “pastoral discernment of the situations of a great many who no longer live this reality. Entering into pastoral dialogue with these persons is needed to distinguish elements in their lives that can lead to a greater openness to the Gospel of marriage in its fullness.” In this pastoral discernment, there is a need “to identify elements that can foster evange- lization and human and spiritual growth”. (AL 293) Pope Francis emphasizes that pastoral dialogue should reach out and include those persons who do not currently live in the ideal reality of Christian marriage, including those in civil marriages, remarriages and cohabiting couples. Pope Francis recognizes that many Catholics live in many different situations for a variety of reasons, and he wants the Church to do a better job of connecting to these people in a way that deals with their individual and unique situations with compassion and sensitivity. The ideal for Catholics in these situations is to find a path that leads to Christian marriage, and while that is not a possibility for many people at the present time, Pope Francis does not want a pastoral approach that seeks to condemn these persons. He focuses on the gradualness of mercy and understanding for these unique situations. In paragraph 295, Pope Francis reflects on the gradualness understanding of moral norms. Along these lines, Saint John Paul II proposed the so-called “law of gradualness” in knowledge that the human being “knows, loves and accomplishes moral good by different stages of growth”. This is not a “gradualness of law” but rather

43 Marriage, Families & Spirituality 23 (2017) a gradualness in the prudential exercise of free acts on the part of subjects who are not in a position to understand, appreciate, or fully carry out the objective demands of the law. For the law is itself a gift of God which points out the way, a gift for everyone without exception; it can be followed with the help of grace, even though each human being “advances gradually with the progressive integra- tion of the gifts of God and the demands of God’s definitive and absolute love in his or her entire personal and social life” (AL 295). Pope Francis understands the complexity of cohabitation and the reasons why so many people across the world, not just in the United States, opt for this situation over having a sacramental marriage in the church. He uses a merciful approach of understanding and acceptance rather than a judgmental and critical condemnation. He further illustrates his compassion in paragraph 294:

We know that there is “a continual increase in the number of those who, after having lived together for a long period of time, request the celebration of marriage in Church. Simply to live together is often a choice based on general attitude opposed to anything institutional or definitive; it can also be done while awaiting more security in life (a steady job and steady income). In some countries, de facto unions are very numerous, not only because of a rejection of values concerning the family and matrimony, but primarily because celebrating a marriage is considered too expensive in the social circumstances. As a result, material poverty drives people into de facto unions.’ Whatever the case, ‘all these situations require a constructive response seeking to transform them into opportunities that can lead to the full reality of marriage and family in conformity with the Gospel. These couples need to be welcomed and guided patiently and discreetly.” (AL 294)

Pope Francis is realistic about the challenges couples are facing. He encourages a merciful approach which evaluates the unique circumstances and reasons why couples are choosing to cohabit. However, with more couples choosing to cohabit, even those who are aged fifty years of age and older, the need for a realistic view on the situation needs to be addressed. In Amoris laetitia, Pope Francis’s goal for these unions is for them to become “fully realized” by making them into sacramental marriages. This approach of reaching out to Catholics in “irregular situations” is deeply embedded in the pastoral and personal discernment concept using mercy. He stresses in paragraphs 310 through 312, that mercy is essential in the pastoral activity of the church in dealing with situations like cohabitation and divorced and remarried Catholics. He stresses that mercy cannot be conditional. In paragraph 311 Pope Francis writes,

At times we find it hard to make room for God’s unconditional love in our pastoral activity. We put so many conditions on mercy that we empty it of its concrete meaning and real significance.Th at is the worst way of watering down the Gospel. It is true, for example, that mercy does not exclude justice and truth, but first and foremost we have to say that mercy is the fullness of justice and the most radiant manifestation of God’s truth…This offers us a framework and a setting which help us avoid a cold bureaucratic

44 M.C. O’Reilly-Gindhart

morality in dealing with more sensitive issues. Instead, it sets us in the context of a pastoral discernment filled with merciful love, which is ever ready to understand, forgive, accompany, hope and above all integrate. (AL 311) Pope Francis is promoting a pastoral approach which avoids judging people for their sexual situations, but instead lends a hand to welcome people into the Catholic Church with mercy. There is not a new set of guidelines or a new set of rules on the issues of Catholic sexuality, instead Pope Francis is trying to focus the world-wide Catholic Church on the true meaning of the Gospel, which is inclusion and mercy for all. He wants to change how clergy and lay persons view the message of the church, which could previously be understood or seen as a church that is obsessed with rules and laws on sexuality, and condemns people for their situations instead of listening to and understanding each individual situation. Sensitivity and compassion are at the center of the Pope’s message on sexuality. Pastoral discernment in this area is meant to be an opportunity to assist and to invite those who feel excluded due to their situation, and to be part of the church. An example of this pastoral discernment can even be seen by Pope Francis before the publication of Amoris Laetita. In September 2014, Pope Francis married twenty couples at a ceremony at St. Peter’s Basilica.15 This story received world-wide attention because some of the couples were living together. Through his publication of Amoris laetitia, Pope Francis is advocating for a renewed encouragement of pastoral discernment in the Catholic Church, which can be seen already through his own actions of marrying cohabiting couples. Personal discernment is another opportunity of renewed encouragement that Pope Francis identifies when discussing “irregular situations”. Personal discernment is deeply connected to a person’s conscience. The Catholic Church has a long history of telling Catholics how they should be living morally, and what they need to do in order to be accepted into the church. However, in Amoris laetitia, Pope Francis opens this discussion up and tells Catholics that their conscience is important and it should be used in discernment. He writes, “We have long thought that simply by stressing doctrinal, bioethical and moral issues, without encouraging openness to grace, we were providing sufficient support to families, strengthening the marriage bond and giving meaning to marital life.” (Al 37) However, the conscience is always a part of a person’s relationship with God and Pope Francis asks Catholics to use their conscience. We also find it hard to make room for the consciences of the faithful, who very often respond as best they can to the Gospel amid their limitations, and are capable of carrying out their own discernment in complex situations. We have been called to form consciences, not to replace them. (AL 37)

15 BBC News: “Pope marries 20 cohabiting couples in sign of papacy shift”, September 14, 2014, http://www.bbc.co.uk/news/world-europe-2919849; accessed April 27, 2017.

45 Marriage, Families & Spirituality 23 (2017)

Personal discernment can be seen as an individual journey for many Catholics since every “irregular situation” is unique and no one person has the same factors that contribute to their living situation. It is hard to fully come to a conclusion of what Pope Francis means by personal discernment, other than the obvious definition of a person using their conscience to come to a decision of how to proceed with their life and at the same time their relationship with the Catholic Church. Many Catholics, including clergy and lay persons, have questioned the Pope’s Exhortation on the issues of personal discernment as well as pastoral discernment and mercy. Many ask, what does he mean by mercy, and what does pastoral and personal discernment really mean? These are questions that many Catholics around the United States have been asking.

3. Response of The Catholic Church in America on Amoris Laetitia and Cohabitation

The Catholic Church in the United States of America has had a varied response to Amoris laetitia, especially on the issue of cohabitation. Some bishops across the United States have received the Exhortation with open arms, while others have given public criticism. The Catholic Church in the United States represents over seventy million people, making it one of the largest practicing religions in the United States, accounting for over twenty-two percent of the population.16 These numbers have just been recently released by the Archdiocese of Reno in their 2016-2017 directory. An even larger statistic to consider concerning Catholics in the United States was published by the Pew Research Center in 2014. According to their report from 2014, forty-five percent of Americans are Catholic or connected to Catholicism.17 In their report they state, “Fully 45% of Americans are connected to Catholicism in some way, including one-fifth who claim the faith as their current religion, one-tenth who were raised in the faith and have now fallen away, and a similar share who maintain a cultural connection to Catholicism.”18 Therefore, Amoris laetitia has the potential to affect many Americans, even those who are not nominally Catholic. Since the publication of Amoris laetitia in the Spring of 2016, many Catholic bishops in the United States have publically made comments concerning the section Pope Francis has outlined on divorced, remarried and cohabiting Cath- olics. The reception of the Exhortation in the United States by church officials including clergy and lay persons has been exceptionally diverse, which has become an issue for the Catholic Church and Catholics in the United States.

16 “Diocese of Reno Directory 2016-2017”, http://www.renodiocese.org/documents/2016/9/2016%20 2017%20directory.pdf; accessed 25.04.2017. 17 “US Catholics Open to Non-traditional Families”, http://www.pewforum.org/2015/09/02/u- s-catholics-open-to-non-traditional-families/; accessed 27.04.2017. 18 Ibid.

46 M.C. O’Reilly-Gindhart

The Archdiocese of Philadelphia and the Archdiocese of Washington DC had varying receptions on Amoris laetitia after it was published. Both Archbishop Charles J. Chaput of Philadelphia and Cardinal Donald Wuerl of Washington DC, publically discussed their differing perceptions of the Apostolic Exhortation, which has since caused questions on how to approach Amoris laetitia on the topics of “irregular situations”. In the Archdiocese of Philadelphia, Archbishop Charles J. Chaput published a document on July 1, 2016 entitled, “Pastoral Guidelines for Implementing Amoris laetitia”. This seven-page document focuses on the issues of divorced, remarried, and cohabiting Catholics and gives guidelines meant for priests, dea- cons, seminarians and lay persons who work in the field of marriage and minis- try on how to apply Amoris laetitia in these specific circumstances. In the section entitled, “For couples who cohabit and are unmarried”, the Archdiocese of Phil- adelphia focuses on two issues, and proposes the questions: does the couple have children together and are the two parties willing to leave cohabitation and enter into a marital commitment?19 In dealing with the first issue, if the cohabiting couple has children together, the Archdiocese of Philadelphia suggests supporting these families and to strengthen their relationship as best as the parish can. This point is left rather ambiguous. For the second issue, the Archdiocese suggests that the couple should practice sexual abstinence until they are sacramentally married, and if the couple has no children together, then they should separate for a period of time before the marriage. The guidelines state, “Couples who have no children should ready themselves for marriage by a time of domestic separation. Where a cohabiting couple already has children, the good of the young may require the couple to remain living together, but in chastity.”20 If Catholics who are cohabiting do not want to participate in living in chastity then they would be excluded from the Eucharist.21 While some of these points might be understandable in how the Archdiocese constructs their guidelines, the Archdiocese completely refuses to address paragraph 301 in Amoris laetitia, which suggests not all of those in “irregular situations” are living in a state of mortal sin and deprived of sanctifying grace. Therefore, the standard for cohabiting couples, regardless if they have children or not, is to remain chaste and separate. This approach dismisses Pope Francis’s attempt to focus not on the laws of the church, but on the people and their own individual situations. Cardinal Donald Wuerl, of the Archdiocese of Washington DC, adopted a different approach to that of Archbishop Chaput. Cardinal Wuerl is known to be an open admirer of Pope Francis. It came as no surprise that Cardinal Wuerl was supportive of the Pope’s message of mercy and personal and pastoral discernment for families facing “irregular situations” including cohabitation. In an open

19 “Pastoral Guidelines for Implementing Amoris Laetitia: Archdiocese of Philadelphia”, July 1, 2016, http://archphila.org/wp-content/uploads/2016/06/AOP_AL-guidelines.pdf; accessed 27.04.2017. 20 Ibid. 21 Ibid.

47 Marriage, Families & Spirituality 23 (2017) letter to the priests of the Washington Archdiocese, Cardinal Wuerl argues that a person’s conscience is very important when discussing the issues of “irregular situations”. He writes: A key part of discernment is the formation of conscience. The Holy Father insists that the Church’s pastors must ‘make room for the consciences of the faithful, who very often respond as best they can to the Gospel amid their limitations, and are capable of carrying out their own discernment in complex situations. We have been called to form consciences, not to replace them.’…But it is families themselves who must be invited to understand how to apply and begin to live out this teaching in the particularity of their situations.22 Cardinal Wuerl makes the point that families are the ones who must discern for themselves, in conjunction with pastoral discernment from their parishes. He supports the idea of personal discernment and using one’s own conscience as a means to fully understand and evaluate one’s unique situation. He is pursu- ing the idea that Catholics are responsible for their own actions to a degree that differs from Archbishop Chaput’s guidelines. His view and reception of Amoris laetitia in the United States was met with criticism by conservatives. The Cath- olic News Service wrote, “Some critics have questioned the document for seem- ing to allow an opening for some civilly divorced and remarried Catholics to receive communion.”23 The same criticism would also refer to Catholics who are cohabiting. Cardinal Wuerl’s comments on Amoris laetitia demonstrate a different emphasis on mercy and personal discernment than what is represented in the guidelines sent out by Archbishop Chaput and the Philadelphia Archdiocese. It would be wrong to suggest that the Catholic Church in the United States is confused about what is said in Amoris laetitia concerning persons in “irregular situations”, but I do not think it is a stretch to say the bishops in the United States have no clear uniform plan on how to incorporate Pope Francis’s new message to Catholics. Cardinal Kevin J. Farrell, the previous bishop of the Arch- diocese of Dallas, publically declared that bishops across the United States need a shared approach to Amoris laetitia. He announced in an interview with Catho- lic News Service that implementing the Pope’s Exhortation has to be done with all the bishops in communion.24 He says, “I think that it would have been wiser to wait for the gathering of the conference of bishops where all the bishops of the United States or all the bishops of a country would sit down and discuss these

22 Cardinal D. Wuerl: “Cardinal Wuerl’s Letter to Priests on ‘Amoris Laetitia’”, http://cathstan. org/Content/News/Cardinal-Wuerl/Article/Cardinal-Wuerl-s-letter-to-priests-on-Amoris- Laetitia-/2/410/7323; accessed 23.04.2017. 23 Catholic News Service: “Cardinal Wuerl: ‘Amoris Laetitia is a part of Church’s faithful and living tradition’”, January 25, 2017, http://www.catholicherald.co.uk/news/2017/01/25/cardinal- wuerl-amoris-laetitia-is-part-of-churchs-faithful-and-living-tradition/; accessed 28.04.2017. 24 C. Wooden: “Bishops Need Shared Approach to ‘Amoris Laetitia,’ New Cardinal Says”, November 16, 2016, http://www.catholicnews.com/services/englishnews/2016/bishops-need- shared-approach-to-amoris-laetitia-new-cardinal-says.cfm; accessed 24.04.2017.

48 M.C. O’Reilly-Gindhart things.”25 I agree with Bishop Farrell, which invites the question, how can the Catholic Church in the United States of America offer a shared approach on Amoris laetitia? This question does not come with a simple answer. There are many things to consider when trying to offer a unified approach to a diverse group of Catholics in the United States. One might even ask, if national guidelines are appropriate to begin with. One thing is for certain, dioceses or archdioceses should not be promoting individual approaches, like the Archdiocese of Philadelphia with their own individual guidelines to Amoris laetitia. If each diocese in the United States would publish their own pastoral guidelines on understanding and even “implementing” what Amoris laetitia has to say on matters of sexual ethics, uncertainty and divisions within and among dioceses could then occur. The Archdiocese of Philadelphia might believe the guidelines are helpful, in an attempt to clear up any confusion concerning the interpretation of Amoris Laetita, but it has only caused more confusion, since the approach is Archbishop Chaput’s own interpretation and not the interpretation of Pope Francis or a conference of bishops. Cardinal Wuerl from the Arch- diocese of Washington DC did not publish his own guidelines, like those of Archbishop Chaput. However, Cardinal Wuerl’s comments on conscience and personal discernment illustrate a clear difference of opinion within the hierarchy in the United States concerning issues of cohabitation and other “irregular situations” addressed in Amoris laetitia. Instead of individual diocesan guidelines, I believe there could be national guidelines, in which the Bishops’ Conferences of individual countries publish guidelines on Amoris laetitia for their Catholic parishes. By having the Bishops’ Conference of individual countries publish their own guidelines there would be no confusion across the dioceses within a country on how to understand and apply Amoris laetitia. The question then becomes: are their different interpretations of Amoris laetitia? I believe the answer is yes since it is not clear exactly what Pope Francis means in terms of personal discernment when it comes to “irregular situations”. In paragraph 300, Pope Francis writes, If we consider the immense variety of concrete situations such as those I have mentioned, it is understandable that neither the Synod nor this Exhortation could be expected to provide a new set of general rules, canonical in nature and applicable to all cases. What is possible is simply a renewed encouragement to undertake a responsible personal and pastoral discernment of particular cases, one which would recognize that, since “the degree of responsibility is not equal in all cases”, the consequences or effects of a rule need not necessarily always be the same. (AL 300) Pope Francis has made it clear that he is not offering new rules that are applicable to all cases. Therefore, it is fair to ask, why should any archdiocese take it upon themselves to do the opposite? Pope Francis is expressing a renewed encouragement to undertake personal and pastoral discernment. He does not offer a new

25 Ibid.

49 Marriage, Families & Spirituality 23 (2017) guideline or rule himself on this topic, since he says that “the consequences of a rule need not necessarily always be the same” (AL 300). This is an important point that the Archdiocese of Philadelphia and other dioceses and archdioceses across the United States need to consider. It is also important to point out that Arch- bishop Chaput has missed the mark on Pope Francis’s comments on “irregular situations” in Amoris laetitia. While Archbishop Chaput and the Philadelphia Archdiocese promote a separation of couples who are cohabiting along with advocating chastity between these couples until they are able to enter into Christian marriage, Pope Francis offers a different approach. Pope Francis writes, For this reason, a pastor cannot feel that it is enough simply to apply moral laws to those living in ‘irregular’ situations, as if they were stones to throw at people’s lives. This would bespeak the closed heart of one used to hiding behind the Church’s teachings, ‘sitting on the chair of Moses and judging at times with superiority and superficiality difficult cases and wounded families.’…Because of forms of conditioning and mitigating factors, it is possible that in an objective situation of sin – which may not be subjectively culpable, or fully such –a person can be living in God’s grace, can love and can also grow in the life of God’s grace and charity, while receiving the Church’s help to this end. (AL 305) Furthermore, at the end of the sentence above in Amoris Laetita, Pope Fran- cis extends his explanation of what he means in the footnote. In this footnote he writes, “In certain cases, this can include the help of the sacraments. Hence, “I want to remind priests that the confessional must not be a torture chamber, but rather an encounter with the Lord’s mercy (Apostolic Exhortation Evangelii Gaudium [24 November 2013], 44: AAS 105 [2013], 1038).” (AL, footnote 351) Archbishop Chaput’s guidelines are doing the opposite of what Pope Francis is asking. Archbishop Chaput seems to completely ignore footnote 351 and instead advocates guidelines which force cohabiting Catholics to separate and remain chaste in order to receive the sacraments, which is not what Pope Francis is specifically asking priests and parishes to do. A larger dialogue is needed to understand the different interpretations of Amoris laetitia so that American Catholics, as well as Catholics world-wide are not left with a diocese promoting their own pastoral discernment of Amoris laetitia, concerning the topics of cohabitation, divorce and civil remarriage.

50 M.C. O’Reilly-Gindhart

Summary Discerning Cohabitation: Amoris Laetitia in the United States of America Cohabitation is a growing phenomenon in the United States concerning over 18 million people. With cohabitation rates only likely to rise, the Catholic Church in the United States is at a crossroads on how to include these couples within the Church. This article examines Pope Francis’s new Apostolic Exhortation, Amoris laetitia, which offers a new merciful tone and pastoral approach to deal with the increasing cultural phenomenon of cohabitation across the world. Although the exhortation was welcomed by many bishops and cardinals in the United States, the issues of implementing and discussing the impli- cations of the exhortation on the daily lives of Catholics have been diverse. The article examines the reactions to Pope Francis’s Apostolic Exhortation by bishops including Archbishop Chaput, who has published his own guidelines for the Archdiocese of Philadelphia, as well as the comments made by the Archbishop of Washington, Cardinal Wuerl. At the end of this article the author offers her own thoughts concerning Pope Francis’s approach to “irregular situations” in Amoris laetitia and gives her own suggestions on how the United States bishops should receive this new exhortation.

Mary Catherine O’Reilly-Gindhart is a PhD candidate at the University of Glasgow. She received the Nostra Aetate Scholarship from the Conforti Institute for her research and is currently working for the Bishops’ Conference of Scotland for the Committee of Interreligious Dialogue. Mary Catherine’s research interests in Catholic ethics include sexual, medical and environmental ethics.