Pope Denounces Divorce

February 1, 2002 permalink

In a speech to the Vatican court on January 28, 2002 pope John Paul II denounced divorce, going so far as to ask lawyers not to participate in divorce proceedings. And the pope appears not to have heard of the shotgun divorce, in which social workers remove children from a home, then advise one of the parents to get a divorce as a means of recovering their children. The following extract comes from the BBC:

The essential testimony on the value of indissolubility is given through the matrimonial life of spouses, in the faithfulness to their bond that leads through the joys and tests of life.

Nonetheless, the value of indissolubility cannot be considered as the object of a private choice: it relates to one of the benchmarks of the whole of society.

And thus, while the many initiatives promoted by Christians and other people of good will for the good of families must be encouraged (such as the celebration of wedding anniversaries), the risk of permissivism in issues concerning the essence of marriage and family must be averted (see Letter to the families, n. 18).

Among these initiatives, there must be those aimed at the public recognition of the indissolubility of marriage by civil law systems.

A constructive attitude must be coupled with stern opposition to all legal and administrative measures which introduce divorce or consider de facto unions, even homosexual ones, equal to marriage.

This must happen through judicial measures that tend to improve the social acknowledgement of true marriage, in the framework of a legal structure that unfortunately admits divorce.

Conscientious objection

On the other hand, those who work with civil law must avoid being directly involved in what might imply a co-operation with divorce.

This can be difficult for judges, because legal systems do not envisage a conscientious objection that can exempt them from passing a sentence.

For serious and well-grounded reasons, they may thus act according to the traditional principles of material co-operation with the evil.

But they, too, must find effective means to favour marriage unions, particularly by wisely acting in order to favour reconciliation.

Lawyers, as independent professionals, must always decline the use of their profession for an end that clashes with justice, such as divorce.

They should only collaborate with an action in this sense - when the intention of the client is not aimed at breaking up the marriage, but at other legitimate purposes that can be reached only in that judicial way within a particular legal system (see Catechism of the Catholic Church, n. 2383).

In this way, by aiding and reconciling people who go through a marriage crisis, judges will truly serve the rights of the individuals and will avoid becoming mere technicians who serve any interest.