MARRIAGE AND ANNULMENTS IN THE PAPACY OF FRANCIS: THEMES OF MERCY AND ACCOMPANIMENT Thesis Submitted to The College of Arts and Sciences of the UNIVERSITY OF DAYTON In Partial Fulfillment of the Requirements for The Degree of Master of Arts in Theological Studies By Victoria Ellie Vela, B.A. Dayton, Ohio August 2020 MARRIAGE AND ANNULMENTS IN THE PAPACY OF FRANCIS: THEMES OF MERCY AND ACCOMPANIMENT Name: Vela, Victoria Ellie APPROVED BY: ________________________________________________ William H. Johnston, Ph.D. Faculty Advisor ________________________________________________ Jana M. Bennet, Ph.D. Faculty Reader ________________________________________________ Dennis M. Doyle, Ph.D. Faculty Reader ________________________________________________ Daniel S. Thompson, Ph.D. Chairperson ii © Copyright by Victoria Ellie Vela All rights reserved 2020 iii ABSTRACT MARRIAGE AND ANNULMENTS IN THE PAPACY OF FRANCIS: THEMES OF MERCY AND ACCOMPANIMENT Name: Vela, Victoria Ellie University of Dayton Advisor: Dr. William H. Johnston The focus of my thesis is on the indissolubility of sacramental marriage in light of Pope Francis’ changes to canon law in his motu proprios, Amoris Laetitia, and the 2014 and 2015 Synod on the Family. I proceed through a close reading of the primary texts related to marriage, namely, the midterm and final reports on the Synod of the Family and Pope Francis’ Mitis Iudex Dominus Iesus, Mitis et Misericors Iesus, and Amoris Laetitia. In addition to these primary texts, my study draws on relevant, scholarly works on Francis and his initiatives. Each of the primary texts provide unique developments to the teaching and practice of the Catholic Church and ought to be understood in light of the predominant themes of Francis’ papacy, particularly mercy and accompaniment. I will present these ecclesial developments as consistent with and advancing the spirit of the traditions of the Catholic Church. I will also argue that these primary sources serve as a way to move past polarization and find common ground in terms of the different understandings of marriage today. The paper begins with an investigation of the history of the indissolubility of marriage in order to understand how this concept has evolved and where there may be room for further development. I then briefly discuss the Synod on the Family and its documents, and this provides the context for understanding the foundation on which Amoris Laetitia was developed. Next, the changes Pope Francis made to the iv annulment process through the motu proprios are analyzed to determine how they contribute to the way the Church cares for people in “irregular” situations. In doing so, I hope to shed more light on the subject of canon law as inherently related to theology and pastoral care. My thesis also seeks to understand why and how the Catholic Church can reconcile the statement that “divorce is an evil and the increasing number of divorces is very troubling”1 with the streamlined changes made by Francis in the annulment process. The thesis concludes with an analysis of the Post-Synodal Apostolic Exhortation Amoris Laetitia, which provides the final explanation of marital indissolubility. The goal of this thesis is to contribute my own assessment of the doctrine of the indissoluble bond of marriage as a necessary teaching that deserves further exploration and to suggest that the changes made by Pope Francis are done in the spirit of developing the Church’s efforts in ministering to her people. Through critically evaluating the traditional notion of marriage on which the Catholic Church relies, we arrive at a place where dialogue can take place. This is the climate Pope Francis is seeking to foster for the Church, and this thesis aims to defend the legitimacy of his perspective. 1 Pope Francis, The Joy of Love: Amoris Laetitia (Washington, D.C.: United States Conference of Catholic Bishops Communications, 2016), no. 246. v DEDICATION Dedicated to my parents and my husband. vi ACKNOWLEDGMENTS My sincere thanks go to Dr. William Johnston, my advisor, for aiding me in bringing this thesis to its completion with tremendous patience and expertise and for providing feedback that improved my writing. It was a joy and a pleasure to work with you. I would also like to express my appreciation to everyone who has helped me with this work. This includes my husband, who helped me think through my research and whose patience and willingness to learn together means the world to me. I also deeply appreciate the support of my parents whose constant faith in me helped more than they know. Thank you for storming the heavens with your prayers. I am grateful for the Theology Department at St. Mary’s University for being the impetus in my critical discernment process. I would especially like to thank Dr. William Buhrman, whose kindness and insight extended far beyond what his position required. I am also grateful for the Department of Religious Studies at the University of Dayton, which played a critical role in shaping my theological education. The completion of this thesis is a small miracle. God is good! vii TABLE OF CONTENTS ABSTRACT ................................................................................................................ iv DEDICATION ............................................................................................................ vi ACKNOWLEDGMENTS .......................................................................................... vii INTRODUCTION ........................................................................................................ 1 CHAPTER 1 MARRIAGE IN THE MIDDLE AGES ................................................... 5 First Millennium........................................................................................................ 5 Second Millennium ................................................................................................. 16 CHAPTER 2 SYNOD ON THE FAMILY .................................................................. 28 CHAPTER 3 REFORMS TO THE MARRIAGE NULLITY PROCESS .................... 36 CHAPTER 4 MARRIAGE INDISSOLUBILITY IN THE PAPACY OF FRANCIS: MERCY AND ACCOMPANIMENT ......................................................................... 64 CONCLUSION .......................................................................................................... 89 BIBLIOGRAPHY ...................................................................................................... 91 viii INTRODUCTION I will argue that both of Pope Francis’ major works on marriage we will discuss have not changed anything doctrinally and in fact have continued the discussion in the spirit of traditional Church doctrine. As a result of his mission of building a church of encounter, he seeks to have major effects on the practical application and outworking of our faith. This becomes clear through the lens of mercy and accompaniment as influential values of his theology. Francis’ primary goal is to foster a Church that practices and teaches a spirit of service to the common good. In a culture that is plagued with polarization, Francis is challenging us to realize that we can and should do better as a church. By doing so, he is breathing new life into Catholic tradition. As Littleton and Maher plainly state: “What we encounter in Francis’ writings and personality is not any real doctrinal innovation (he upholds the Church’s stance on celibacy, same-sex marriage, abortion and the ordination of women), but rather a change in tone and emphasis.”2 The emphasis is changed towards the welcoming of those people who feel estranged, of which there are many. Littleton describes Francis thusly: “The essence of Francis’ theology is formed by a commitment to the poor and the marginalized, an unwillingness to pass moral judgements on others.”3 He is rethinking the way the Church presents herself and fundamentally he is aiming for a “reform of ‘attitude’” for the Church and her people.4 Francis is striving to address the needs of the Church in a way 2 John Littleton and Eamon Maher, eds., The Francis Factor: A New Departure (Blackrock, County Dublin: The Columba Press, 2014), XX. 3 Littleton and Maher, The Francis Factor, XVIII 4 Louise Fuller, “Pope Francis: A Pastor Bearing Witness,” in The Francis Factor: A New Departure, ed. John Littleton and Eamon Maher (Blackrock, County Dublin: The Columba Press, 2014), 76. 1 that moves beyond an ‘us versus them’ mentality. Instead of effectively giving up on people who have failed or sinned in some way, Francis proposes a new pastoral method of accompaniment. A major part of this method requires a change in attitude about people in irregular unions, for example. The hope that guides this pope is for a Church that reaches out and does everything humanly possible to care for the faithful. Another note on the roots of Francis' actions is that “he is also challenging Church leaders to see the Church not merely as a place of ideology, but a place where people experience the mercy and forgiveness of God and feel themselves loved and valued.”5 This is a call for renewed pastoral care that is positioned in line with traditional church teaching. Collins accepts that “it is wise to admit that the mood music has changed, but the album is still the same.”6 The doctrine of the indissolubility of marriage is of great importance for a document such as Amoris Laetitia, and one that Francis holds as a true gift. This doctrine’s presence in Francis’ thinking and in Amoris Laetitia has come