THE FAITH NECESSARY FOR THE VALID MARRIAGE CONSENT OF THE BAPTIZED
Introduction
It very much pleases me to make some small contribution to the studies writ ten to honor Monsignor Giinter Assenmacher, distinguished canonist of the Archdiocese of Cologne, on the occasion ofhis 65th birthday. Monsignor As senmacher and I undertook and completed the studies for the Licentiate in Canon Law from October of 1980 to June of 1982. During those years, I came to admire him both as a priest and as a student of the sacred canons. Over the years, I have followed his faithful service to the Church, especially in the ad ministration of justice. During my service at the Supreme Tribunal of the Ap ostolic Signatura, first as Defender of the Bond (1989-1995) and then as Pre fect (2008-2014), I came to know in more depth how tirelessly Monsignor As senmacher has dedicated himself to the canonical discipline which safeguards and promotes the most sacred realities of the Church, the Mystical Body of Christ. His dedication as a priest and canonist has surely been inspired by his faith in the words of Our Lord in the Gospel: "If you continue in my word, you are truly my disciples, and you will know the truth, and the truth will make you free" (Jn 8, 31-32). To honor, in particular, Monsignor Assenmacher's service in the matrimo nial tribunal in which the truth regarding claims of nullity of marriage is safe guarded and promoted, I offer a reflection on a somewhat frequent topic of discussion in the Church over the recent decades, namely, the discussion of the faith which is required for the valid matrimonial consent of the faithful. It was a principal topic of discussion during the assembly of the Synod of Bish ops in October of2014, in which I was privileged to participate. The Instrumentum Laboris for the Fourteenth Ordinary General Assembly of the Synod of Bishops, dedicated to the discussion of the topic "The Voca tion and Mission of the Family in the Church and the Contemporary World," issued on June 23, 2015, described a position regarding the matrimonial nulli ty process which was taken by a certain portion of the Synod Fathers at the October 2014 session of the Synod of Bishops, the Third Extraordinary Gen eral Assembly dedicated to a discussion of "The Pastoral Challenges of the Family in the Context of Evangelization." The Instrumentum Laboris reports not only the text of the Relatio Synodi but also a ''process of reflection and 336 RAYMOND LEO BURKE study" of the entire People of God, evoked by a series of questions integrated into the document. 1 The part of the Instrumentum Laboris regarding the matrimonial nullity process is found in Chapter III, "The Family and Accompaniment by the Church," in a section subtitled, "Streamlining the Annulment Procedure and the Importance of Faith in Cases of Nullity." It is comprised of two numbers, nos. 114 and 115. No. 114 is no. 48 of the Relatio Synodi and reads: (48) A great number of synod fathers emphasized the need to make the proce dure in cases of nullity more accessible and less time-consuming, and, if possi ble, at no expense. They proposed, among others, the dispensation of the re quirement of second instance for confirming sentences; the possibility of estab lishing an administrative means under the jurisdiction of the diocesan bishop; and a simple process to be used in cases where nullity is clearly evident. Some synod fathers, however, were opposed to these proposals, because they felt that they would not guarantee a reliable judgment. In all these cases, the synod fa thers emphasized the primary character of ascertaining the truth about the validi ty of the marriage bond. Among other proposals, the role which faith plays in persons who marry could possibly be examined in ascertaining the validity of the Sacrament of Marriage, all the while maintaining that the marriage of two bap tized Christians is always a sacrament.2 Already before the 2015 Ordinary Assembly of the Synod of Bishops, the Roman Pontiff addressed the frrst proposal, namely, the so-called streamlining of the process for the declaration of nullity of marriage by means of legislation given motu proprio.3 I now treat the second proposal, namely, the examination
1 " ••• processo di riflessione e approfondimento." Sinodo dei Vescovi, XN Assemblea Genera te Ordinaria, "La vocazione e la missione della famiglia nella Chiesa e nel mondo contempo raneo," lnstrumentum laboris (Citta del Vaticano: Segreteria Generale del Sinodo dei Vescovi e Libreria Editrice Vaticana, 2015), p. 9. [Hereafter, IL]. English translation: Synod of Bish ops, XIV Ordinary General Assembly, "The Vocation and Mission of the Family in the Church and in the Contemporary World," Instrumentum Laboris (Vatican City: The General Secretariat of the Synod of Bishops and Libreria Editrice Vaticana, 2015), p. xi. [Hereafter, ILEng]. 2 "Un grande numero dei Padri ha sottolineato la necessita di rendere piu accessibili ed agili, possibilmente del tutto gratuite, le procedure per il riconoscimento dei casi di nullita. Tra le proposte sono stati indicati: la possibilita di determinare una via arnministrativa sotto la re sponsabilita del Vescovo diocesano; un processo sommario da avviare nei casi di nullita noto ria. Alcuni Padri tuttavia si dicono contrari a queste proposte perche non garantirebbero un giudizio affidabile. Va ribadito che in tutti questi casi si tratta dell'accertamento della verita sulla validita del vincolo. Secondo altre proposte, andrebbe poi considerata la possibilita di dare rilevanza al ruolo della fede dei nubendi in ordine alia validita del sacramento del ma trimonio, tenendo fermo che tra battezzati tutti i matrimoni validi sono sacramento." IL, p. 64. n. 114. English translation: ILEng, pp. 56-57, no. 114. 3 Cf. Franciscus PP, Litterae Apostolicae Motu proprio datae Mitus Iudex Dominus Iesus, "Quibus canones Codicis Iuris Canonici de Causis ad Matrimonii nullitatem declarandam reformantur," 15 Novembris 2015, Acta Apostolicae Sedis 107 (2015), 958-970; Franciscus PP, Litterae Apostolicae Motu proprio datae Mitis et misericors Iesus, "Quibus canones Codicis Canonum Ecclesiarum Orientalium de Causis ad Matrimonii nullitatem declarandam reformantur," 15 Novembris 2015, Acta Apostolicae Sedis 107 (2015), 946-957.