Mark
                                                      Texas

Elsie Radtke
Divorce and Annulment Support Ministry
Associate Director for the Family Ministries Office,
Archdiocese of Chicago
divorce@archchicago.org

May 22, 2004

Dear Elsie,

I have some observations and questions about the information published on your website?
Eleven items are listed below and each item has a title, an obervation, quotes from your website or recommended sources, quotes from church teaching, and possible interpretations with questions.

I look forward to learning your answers to my questions.

Sincerely,

Mark Feliz
Divored/Widowed Parish Ministry Coordinator
Texas

cc: Cardinal Francis George O.M.I.,  Archbishop of Chicago
 
 

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1.     CANON 1153.1

1a.  Excerpts from Canon 1153.1 are taken out of context on your website.

1b.  Your website states,
        "Must two people remain in a marriage at all costs?
        "Church law states that if either of the spouses causes "serious danger of spirit or body to the other spouse or the children, or otherwise renders common life too hard," the spouses may separate (c1153.1).
        "The Church is always concerned that human life must be protected from things that would destroy it.  If the marriage relationship is threatening the life or well being one of the parties or the children, or if the continuation of the relationship has truly become intolerable, then the Church reminds us of our responsibility to protect human life in all its form, and allows for the separation of the spouses."     (Item 2;  http://www.familyministries.org/time_update.htm  )

1c.  Church teaching states,
        Canon 1141.   A marriage which is ratified and consummated cannot be dissolved by any human power or by any cause other than death.
        Can. 1151.  Spouses have the obligation and the right to maintain their common conjugal life, unless a lawful reason excuses them.
        Can. 1153 §1. A spouse who occasions grave danger of soul or body to the other spouse or the children, or otherwise makes the common life unduly difficult, provides the other spouse with a lawful reason to leave, either by decree of the local Ordinary or, if there is danger in delay, even on his or her own authority.
        Can. 1153 §2.  In all cases, when the cause for the separation ceases, conjugal living must be restored unless ecclesiastical authority has established otherwise.

1d.   Possible interpretations
        The diocese website omitted the requirement in canon 1153.1 to obtain permission for separation from the local ordinary or ecclesiastical authority.  No explanation for the term "too hard" is provided.   Someone could conclude if they feel their marriage is too hard for any reason, then it is natural and good to separate from one's spouse, without checking with any church authority first.   These reasons could be anything: losing the feeling of love for the other, getting on each other's nerves, feeling bored, disagreeing on issues, having trouble communicating,  wanting to be with a new partner, not experiencing the communion of life which one had expected,  disagreeing on how to raise the kids, being tired of their dull spouse or overactive spouse, being tired of their passive spouse or controlling spouse, feeling they aren't being affirmed enough,  or not have an exciting enough sex life, or other such reasons.
        As the director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any incomplete information on your website which might support peoples' decision to get divorced for reasons that aren't morally justified.  Will you please consider providing some moral guidelines on your website explaining the the Church's understanding of the term "too hard," and explain the role of the local ordinary or appropriate ecclesiastical authority?

**************

2. CATECHISM 2382 TAKEN OUT OF CONTEXT

2a. Excerpts from Catechism of the Catholic Church (CCC), specifically paragraph 2382, are presented on your website in isolation from surrounding paragraphs.

2b. Your website states,
        "Does the Church accept the results of a civil divorce?
        "The church teaches that no human power can dissolve the sacramental bond of marriage.  Therefore, the Church does not recognize any civil authority over the marriage bond.  However, in order that a person's civil rights can be protected and so that any children of a marriage can be provided for in an adequate manner, the Church teaches that divorce and be tolerated, if it is the only way that a person's rights can be protected.  (The Catechism of the Catholic Church, n.2382)"  (Item 3; http://www.familyministries.org/time_update.htm  )

2c(i) Church teaching states,
        CCC 2382.  The Lord Jesus insisted on the original intention of the Creator who willed that marriage be indissoluble. He abrogates the accommodations that had slipped into the old Law.
Between the baptized, "a ratified and consummated marriage cannot be dissolved by any human power or for any reason other than death."
        CCC 2383. The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law. Cf. CIC, canon. 1151-1155.
If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offense.
        CCC 2384. Divorce is a grave offense against the natural law. It claims to break the contract, to which the spouses freely consented, to live with each other till death. Divorce does injury to the covenant of salvation, of which sacramental marriage is the sign. Contracting a new union, even if it is recognized by civil law, adds to the gravity of the rupture: the remarried spouse is then in a situation of public and permanent adultery:
If a husband, separated from his wife, approaches another woman, he is an adulterer because he makes that woman commit adultery, and the woman who lives with him is an adulteress, because she has drawn another's husband to herself.
        CCC 2386. It can happen that one of the spouses is the innocent victim of a divorce decreed by civil law; this spouse therefore has not contravened the moral law. There is a considerable difference between a spouse who has sincerely tried to be faithful to the sacrament of marriage and is unjustly abandoned, and one who through his own grave fault destroys a canonically valid marriage.

2c(ii) Church teaching states,
        Canon 1060.  Marriage enjoys the favor of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven.

2c(iii) Church teaching states,
        CCC 2385.  Divorce is immoral also because it introduces disorder into the family and into society. This disorder brings grave harm to the deserted spouse, to children traumatized by the separation of their parents and often torn between them, and because of its contagious effect which makes it truly a plague on society.

2c(iv)  Church teaching states,
        from Pontifical Council for the Family;  "What is needed then is for human societies, and the families who live within them, often in a context of struggle between the civilization of love and its opposites, to seek their solid foundation in a correct vision of man and of everything which determines the full "realization" of his humanity. Opposed to the civilization of love is certainly the phenomenon of so-called "free love"; this is particularly dangerous because it is usually suggested as a way of following one's "real" feelings, but it is in fact destructive of love. How many families have been ruined because of "free love"! To follow in every instance a ‘real’ emotional impulse by invoking a love "liberated" from all conditionings, means nothing more than to make the individual a slave to those human instincts which Saint Thomas calls "passions of the soul". "Free love" exploits human weaknesses; it gives them a certain "veneer" of respectability with the help of seduction and the blessing of public opinion. In this way there is an attempt to "soothe" consciences by creating a "moral alibi". But not all of the consequences are taken into consideration, especially when the ones who end up paying are, apart from the other spouse, the children, deprived of a father or mother and condemned to be in fact orphans of living parents.
        "Being rooted in the personal and total self-giving of the couple, and being required by the good of the children, the indissolubility of marriage finds its ultimate truth in the plan that God has manifested in His revelation: He wills and He communicates the indissolubility of marriage as a fruit, a sign and a requirement of the absolutely faithful love that God has for man and that the Lord Jesus has for the Church."         (Pontifical Council for the Family, Jubilee of Families, October 14-15, 2000, Themes for reflection and dialogue in preparation for the third world meeting of the Holy Father with families, "Children, Springtime of the Family and Society", item 9 "Children, Orphans of Living Parents";    http://www.vatican.va/roman_curia/pontifical_councils/family/documents/rc_pc_family_doc_20001014_rome-jubilee-of-families-preparatory-texts_en.html  )

2d. Possible interpretations.
        By the diocese website ommitting teachings stating divorce is a grave offense;  divorce is immoral; there is a considerable difference between a spouse who has sincerely tried to be faithful to the sacrament of marriage and is unjustly abandoned, and one who through his own grave fault destroys a canonically valid marriage; the canonical validity of a marriage is upheld until proven otherwise; and following one's "real" feelings is in fact destructive of love;  the uninformed website reader could conclude that it is natural and good for one to get divorced if one feels his marriage is too hard for any reason.   He could believe he has the "right" to a marriage which is not hard.
        As the director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any incomplete information on your website which might support one's decision to get divorced for reasons that aren't morally justified.  Will you please consider providing some moral guidelines on your website explaining how divorce is a grave offense and immoral?  Will you explain the difference between the person being unjustly abandoned and the person destroying a valid marriage?  Will you explain the canonical validity of a marriage, and will you explain how "real" feelings can be destructive of love?

* * * *

3.     PSYCHOLOGICAL REASONS FOR ANNULMENT

3a. Your website promotes psychological reasons for invalidating marraiges.

3b. Your website states,
        A recommended resource for information is the article "Understanding Annulments"  from St. Anthony Messenger, by By John T. Catoir, J.C.D.  This article states, "If a person is incapable of fulfilling the burdens and obligations of marriage, the marriage can be annulled. You cannot make a promise to do something you are incapable of doing. For instance, a paranoid schizophrenic may have behaved normally at the time of the wedding, but later, when the illness becomes full-blown, the marriage falls apart.
        "It is only because of our new knowledge in the field of psychology that we have come to understand that a latent condition can affect the consent retroactively. Some of these cases involve persons who are psychotic, but not all. A serious neurosis can also affect the capacity to marry.
        "These cases are becoming more common. Neil Clark Warren, a psychologist and marriage counselor, estimates that in 75 percent of all divorces at least one party is emotionally unhealthy. In countries where there is a vigorous drug subculture, Warren’s claim is not an exaggeration.
        "Forty years ago people were told, 'You made your bed, now lie in it.' This is too simplistic a rule when it comes to mental or emotional illness. We learned this new jurisprudence from the Sacred Roman Rota. Decisions of the Rota are only made available (with names deleted) 10 years after they are issued.
        "When I was the judicial vicar in the Diocese of Paterson in the early 70’s, I began reading the decisions of the Roman Rota on a regular basis and was amazed to find that they were granting annulments to people who were extremely immature. I also found that the Rota had been granting annulments in cases involving psychotics and neurotics as well. The American Church was 10 years behind in its jurisprudence."    (http://www.familyministries.org/annulment_support.htm  links to article from St. Anthony Messenger,  Section 3, Psychic incapacity;  http://www.americancatholic.org/messenger/sep1998/feature1.asp#F3  )

3c(i)    Church Teaching states,
        Canon 1060.  Marriage enjoys the favor of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven.

3c(ii) Church teaching publicized,
        "This morning, the dean, judges, promoters of justice, defenders of the bond, officials and attorneys of the Roman Rota, were received by the Pope on the occasion of the inauguration of the judicial year.
        " 'The tendency to increase the number of annulments through manipulation, forgetting the perspective of objective truth, implies a structural distortion of the entire process. The fundamental dimension of the justice of marriage which bases its existence on a intrinsically juridical reality, is substituted by empirical theories which are sociological, psychological in nature, etc, as well as by different ways of juridical positivism.' "        (The Pope to Roman Rota:  Presumption of the validity of marriage. Vatican City, Jan. 29, 2004 Vatican Information Service;  http://www.ewtn.com/vnews/getstory.asp?number=43327  )

3c(iii) Church teaching publicized
        "However, sources in Rome report that the pontiff has this week placed his firm backing behind the present system in a move clearly calculated to protect the Sacrament of Marriage. ...
        "As the rules currently stand, there have to be serious grounds for a Catholic to be granted an annulment.
        "These can include one party being forced to marry; the decision by one party, from the beginning, to exclude having children; the non-acceptance of the indissolubility of marriage by one party; the imposition of certain conditions when entering marriage which are against the essence of marriage; or the concealment of grave defects such as permanent impotency before the marriage."        (The Universe; the most popular Catholic newspaper in the UK and Ireland, News Archives, January 26, 2004, Pope’s hard line on annulments;  http://www.totalcatholic.com/ )

3c(iv) Church teaching states,
        from the Holy Father, "5. Then what can one say to the argument which holds that the failure of conjugal life implies the invalidity of the marriage? Unfortunately, this erroneous assertion is sometimes so forceful as to become a generalized prejudice that leads people to seek grounds for nullity as a merely formal justification of a pronouncement that is actually based on the empirical factor of matrimonial failure. This unjust formalism of those who are opposed to the traditional favor matrimonii can lead them to forget that, in accordance with human experience marked by sin, a valid marriage can fail because of the spouses' own misuse of freedom.
        "Admission of true nullities should rather lead to ascertaining with greater seriousness at the time of the marriage the necessary prerequisites for matrimony, especially those concerning the consent and true disposition of the engaged couple. Parish priests and those who work with them in this area have the grave duty not to surrender to a purely bureaucratic view of the pre-matrimonial examination of the parties, specified in can. 1067. Their pastoral intervention must be dictated by awareness that at precisely that moment, people are able to discover the natural and supernatural good of marriage and consequently commit themselves to pursuing it."        (Address of John Paul II to the Members of the Tribunal of the Roman Rota for the Inauguration of the Judicial Year, Thursday, 29 January 2004; http://www.vatican.va/holy_father/john_paul_ii/speeches/2004/january/documents/hf_jp-ii_spe_20040129_roman-rota_en.html  )

3d. Possible interpretations
        Website visitors will not be aware of Church teaching that states marriage is assumed to be valid until proven otherwise, or the Pope's comments about replacing intrinsic justice with sociological and psychological theories.  These visitors might justify divorce by independently determining their marriage is invalid because of latent psychological reasons, simple immaturity, or lack of emotional health. They'd believe they are following the leadership of the Sacred Roman Rota.  If we are all sinners, can anyone claim to be perfectly emotionally healthy?
        As the director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any confusing information on your website which might support peoples' decision to get divorced for reasons that aren't morally justified.  Will you please consider providing some clear explanations of the magisterium's understanding of psychological grounds for annulment, and the relevance of emotional health, mental or emotional illness, maturity, simple sinfulness, and psychological and sociological empirical theories in contrast to intrinsically juridical reality?
 

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4. OBLIGATIONS TOWARD MAGISTERIUM

4a. Your website suggests an interesting relationship between informed conscience and Magisterium authority.

4b. Your website states,
        A recommended resource for information is the article "Understanding Annulments"  from St. Anthony Messenger by By John T. Catoir, J.C.D. The article states,
        "A Catholic is bound to form his or her conscience according to the teaching of the magisterium, which is the Church’s highest teaching authority. What does this mean exactly?
        "Theologian and scholar Father Avery Dulles, S.J., in a talk given at a 1991 workshop for members of the hierarchy from all over North America—an assembly which included cardinals, archbishops and bishops—explained the relationship between conscience and the magisterium in this way:
        'There is no perfect identity between conscience and the magisterium of the Church. Conscience is an interior, not an outer, voice....The magisterium fulfills the aspirations of conscience by enabling it to find the moral good at which it aims....For members of the Church, the magisterium is one, but only one, informant of conscience' (Proceedings of the Tenth Bishops’ Workshop, Dallas, Texas).
        "I was on the same program and I observed that there was no objection to this statement. This means that an informed conscience is not always a conformed conscience. The Church urges us to strive for conformity, but this is not always possible.
        "There is a great mystery here, but the Church upholds freedom of conscience to the extent that, even if a person is in error, he or she must obey an informed conscience. When it is informed, outsiders should respect the person’s conscience even if they disagree with it."   ( http://www.familyministries.org/annulment_support.htm  links to Understanding Annulments,  Section What Is the Internal Forum?,  paragraph 13;  http://www.americancatholic.org/messenger/sep1998/feature1.asp#F5 )

4c(i)  Church teaching states,
        Vatican II.  "That discernment in matters of faith is aroused and sustained by the Spirit of truth. It is exercised under the guidance of the sacred teaching authority, in faithful and respectful obedience to which the people of God accepts that which is not just the word of men but truly the word of God."  (Lumen Gentium, no. 12, paragraph 2)
        "The laity should, as all Christians, promptly accept in Christian obedience decisions of their spiritual shepherds, since they are representatives of Christ as well as teachers and rulers in the Church."  (Lumen Gentium, no. 37, paragraph 2;  http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_const_19641121_lumen-gentium_en.html  )

4c(ii)  Church teaching states,
        CCC 1269. Having become a member of the Church, the person baptized belongs no longer to himself, but to him who died and rose for us. From now on, he is called to be subject to others, to serve them in the communion of the Church, and to "obey and submit" to the Church's leaders, holding them in respect and affection.
        CCC 1785. In the formation of conscience the Word of God is the light for our path, we must assimilate it in faith and prayer and put it into practice. We must also examine our conscience before the Lord's Cross. We are assisted by the gifts of the Holy Spirit, aided by the witness or advice of others and guided by the authoritative teaching of the Church.
        CCC 1790.  IV. Erroneous Judgment.  A human being must always obey the certain judgment of his conscience. If he were deliberately to act against it, he would condemn himself. Yet it can happen that moral conscience remains in ignorance and makes erroneous judgments about acts to be performed or already committed.
        CCC 1791. This ignorance can often be imputed to personal responsibility. This is the case when a man "takes little trouble to find out what is true and good, or when conscience is by degrees almost blinded through the habit of committing sin."  In such cases, the person is culpable for the evil he commits.
        CCC 1792. Ignorance of Christ and his Gospel, bad example given by others, enslavement to one's passions, assertion of a mistaken notion of autonomy of conscience, rejection of the Church's authority and her teaching, lack of conversion and of charity: these can be at the source of errors of judgment in moral conduct.
        CCC 1793.  If - on the contrary - the ignorance is invincible, or the moral subject is not responsible for his erroneous judgment, the evil committed by the person cannot be imputed to him. It remains no less an evil, a privation, a disorder. One must therefore work to correct the errors of moral conscience.
        CCC 1794.  A good and pure conscience is enlightened by true faith, for charity proceeds at the same time "from a pure heart and a good conscience and sincere faith.   "The more a correct conscience prevails, the more do persons and groups turn aside from blind choice and try to be guided by objective standards of moral conduct" (note GS 16).

4c(iii)  Church teaching states,
        Canon 212 §1. Christ's faithful, conscious of their own responsibility, are bound to show Christian obedience to what the sacred Pastors, who represent Christ, declare as teachers of the faith and prescribe as rulers of the Church.

4d. Possible interpretations
        Uninformed readers would not be aware that Catholics are bound to obey the teaching of "sacred Pastors" and "spritual shepherds" or to "obey and submit" to the Church's leaders.   They may not understand what constitutes a "mistaken notion of autonomy of conscience."  Website visitors could conclude that the Chicago Diocese recommends that it is natural and good to reject the "authoritative teaching of the church" when one disagrees with it, and this rejection is justified if one perceives he has an informed conscience and has no responsibility to find out what is true and good according to Catholic teaching.  One could conclude that if according to his conscience, it seems good to separate from one's spouse and get a civil divorce, he must follow his conscience.  He is welcome to disobey any church teaching which states such behavior is immoral and a grave offense.
        As the director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any misleading or confusing information on your website regarding these matters which might support peoples' decision to get divorced for reasons that aren't morally justified.  Will you please consider providing on your website clear explanations of the magisterium's understanding of what constitutes an informed conscience?

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5. DISSENT IS ENDORSED

5a.  Your website recommends North American Conference for Separated or Divorced Catholics (NACSDC) which encourages dissent from authoritative church teachings.

5b.  Your website states,
        A recommended External Resources for information is NACSDC, North American Conference for Separated or Divorced Catholics ( http://www.familyministries.org/divorce.htm ).  NACSDC has a Catholic book section which sells only four books.  The first book in the Catholic section  is "While You Were Gone; A Handbook for Returning Catholics and Those Thinking About It", by William J. Bausch.  The book's description states, "An overview of the changes that have taken place in the church since Vatican II, presented in a non-threatening and welcoming manner.  A very popular book with pastors and leaders" ( http://www.nacsdc.org/estore/ca/ca.html  )
        In his book, Bausch writes, "The council [of Trent] wrapped the church in isolation and fashioned it into a kind of self-sufficient island kingdom untouched by the world.  All kinds of self-protecting regulations were passed: the Index of Forbidden Books, rubrics standardizing the liturgy all over the world, and a single formulation of dogma (up to that time there were many legitimate formulations.) It was the beginning of a static period only ending with the Second Vatican Council in our lifetime (p. 22).
        "The church had to declare loud and clear: We have all the truth; others don't. We would be saved; other lost.  Authority was strict, dialogue was out, and obedience in, and we saw to it that people would be kept safe from "dangerous" ideas.  Even though many wonderful securities and benefits and a rich Catholic devotional life were evident, this ghetto mentality, this separation from the world couldn't hold forever.  It officially burst with Vatican II ( p. 24).
        "They [people who have been hurt at the hands of the church] hate those authoritarian representatives of the church who are supposed to represent a loving God and God's mysterious and pervasive love and box it into rigid rules and regulations. ... Many disagree with the church's stand on sexuality, from masturbation and premarital sex to abortion (p 31).
        "Others are involved in divorce and remarriage and they simply don't know where they stand in the church and they are aggrieved that they can't receive the Eucharist (p 32).
        "Eighty-seven percent of Catholics think the church should permit couples to make their own decision about forms of birth control, (p. 64).
        "You can dissent and remain a faithful Catholic (p. 65).
        "For most people like yourself, the parish is what you identify as "the church." Most don't care what the Vatican does, or the pope or the bishop... the pastor is more significant than the pope (p. 67).
        "There is something to be said about the church's traditional morality of chastity before marriage and fidelity after.  But, of course, there is also unfinished business brought on by modern insights and technology.  What about birth control?... Should there not be nuances within the couple's lives that permit it?  What about sex between those already betrothed, already publicly committed?  How about those who are radically homosexual and cannot live a life of chastity and should not live a life of promiscuity?...Other questions: Is every single instance in every circumstance of an early abortion sinful?  That sixty-eight percent of the Baby Boomers deny that one must obey the church's teaching on abortion shows how wide the gap is and how much dialogue there must yet be.  These are question that have to be continually examined within the framework of great Catholic moral teaching.  Sexual morality is part of our unfinished agenda; it requires a continually formed conscience and a great respect for a communal, not merely a person, context (p 91 & 92).
        "The challenge is to finish up the business God gave you to do and to make a difference.  To correct where you can, change what you might... You too, after all, as we never tire of saying, are the church." (p 94)

5c.  Church Teaching States,
        CCC 85, The task of giving an authentic interpretation of the Word of God, whether in its written form or in the form of Tradition, has been entrusted to the living teaching office of the Church alone. Its authority in this matter is exercised in the name of Jesus Christ.” This means that the task of interpretation has been entrusted to the bishops in communion with the successor of Peter, the Bishop of Rome.
        CCC 2271. Since the first century the Church has affirmed the moral evil of every procured abortion. This teaching has not changed and remains unchangeable. Direct abortion, that is to say, abortion willed either as an end or a means, is gravely contrary to the moral law: You shall not kill the embryo by abortion and shall not cause the newborn to perish. God, the Lord of life, has entrusted to men the noble mission of safeguarding life, and men must carry it out in a manner worthy of themselves. Life must be protected with the utmost care from the moment of conception: abortion and infanticide are abominable crimes.
        CCC 2322. From its conception, the child has the right to life. Direct abortion, that is, abortion willed as an end or as a means, is a “criminal" practice (GS 27 § 3), gravely contrary to the moral law. The Church imposes the canonical penalty of excommunication for this crime against human life.
        CCC 2396. Among the sins gravely contrary to chastity are masturbation, fornication, pornography, and homosexual practices.
        CCC 2399. The regulation of births represents one of the aspects of responsible fatherhood and motherhood. Legitimate intentions on the part of the spouses do not justify recourse to morally unacceptable means (for example, direct sterilization or contraception).
        CCC 2400. Adultery, divorce, polygamy, and free union are grave offenses against the dignity of marriage.

5d.  Possible interpretations
        As director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any misleading or confusing information which contradicts the church's teaching regarding abortion, birth-control, masturbation, homosexuality, divorce and papal authority. Will you please consider providing clear and supportive explanations of the Church's position on these matters whenever you recommend NACSDS as a source for Catholic information?         

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6. OBEYING THE CHURCH IS IRRELEVANT TO "BEING CHURCH"

6a. Your website recommends North American Conference for Separated or Divorced Catholics NACSDC, which proposes a "new perspective on being the church versus obeying the church."

6b.  Your website states,
        A recommended External Resources for information is NACSDC, North American Conference for Separated or Divorced Catholics ( http://www.familyministries.org/divorce.htm ).  NACSDC has a Catholic book section which sells only four books.  The second book is "Good News for Alienated Catholics With Reflection Questions for Teachers and Preachers", by Fr. Henry Fehren.   The book's description states, "If you are a Catholic who feels left out, discriminated against, labeled, ignored or discouraged by Church laws, these commentaries and the accompanying discussion questions will inspire hope, rebuild self-esteem, and give new perspective on being the church versus obeying the church." http://www.nacsdc.org/estore/ca/ca.html
        In his book, Fehren writes, "Mature Catholics, I emphasize, do not confuse the way, the truth, and the life of Jesus with man-made rules (yes, man-made - women, unfortunately, do not yet make rules in the church) (preface p v)
        " 'All Catholics have the right to a voice in all decisions that affect them including the choosing of their leaders'...'Divorced and remarried couples in great numbers, with and without church approbation, consider themselves good Catholics and do not hesitate to come forward for communion'... Finally, 'Why You Can Disagree and Remain a Faithful Catholic' by Father Philip Kaufman, O.S.B. ... This is a carefully researched book, direct and to the point on, among other things, birth control, divorce and remarriage, democracy in the church and 'infallible teaching" (p 52-53).
        " 'But isn't the pope the vicar of Christ?' The bishop of Rome is not THE vicar of Christ; he is A vicar of Christ and so are you. ...'Will my marriage be a sacrament?'  The simplest answer : It will be if you make it such.... Theologians are still discussing what makes a marriage a sacrament. ... 'But now the authorities, the theologians and the canonists are turning to the married to find out what marriage is - and therefore what the sacrament is (p 75-76).
        "The 'Magisterium' is another ill-used word.  theologians who teach are to swear loyalty to it and others are to 'suffer for the truth in silence.'  In effect, the magisterium is one person (he appoints others who agree with him).  'All alike share in the magiserium, or the teaching authority of the Church' (p 90).
        "Gays and lesbians, for instance, experience this rejection. ...  Because of prejudice against them, many remain in hiding, 'in the closet,' for they are afraid to be as God in love make them. ... God does not make clones; each person is different, a tribute to God's creativity.  If we are to love our neighbor as ourself, we must accept people as they are (p 116).
        "No one person makes up the whole church.  That's why 'Will the church recognize my marriage?' is such a stupid question.  Each one of us is as much church as the other (p 123).
        "A writer for the Catholic press must learn to write within the ecclesiastical picket fence that surrounds him. ... [Editors] know they can be sacked if they do not conform.  John Paul II's latest encyclical, Veritatis Splendor, confirms this.  Overstepping his rights as bishop of Rome, he alone appoints every bishop in the world and controls every word in canon law, in the new Roman catechism, taught in the seminaries and written in nearly every publication of the Catholic press.  He has summed up or compacted into one person, himself, the 'church' and the magisterium (the 'teaching church') (p 144).
        "What many Catholics will no longer contenance is the gospels being replaced by The Code of Canon Law. (p 145).
        "The Association for the Rights of Catholics in the Church is also worried:  'The style and numerous measures of the Roman authorities,' it says, 'tend to obstruct our ministry and create either a climate of mistrust, of anxiety, of indifference and eventually, of leaving the church, or an equally questionable religious obedience to human laws' (p 146).
        "Over the years I have heard more and more complaints about the increasing authoritarianism in the church, but I have also seen the laity become more mature and independent. ... I encourage the making of a 'holy rule' for oneself (p 147).

6c.  Church teaching states,
        see 4c(i), (ii) and (iii) above.

6d. Possible interpretations
        As director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any misleading or confusing information which contradicts the church's teaching on homosexuality, divorce and papal authority. Will you please consider providing clear and supportive explanations of the Church's position on these matters whenever you recommend NACSDS as a source for Catholic information?

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7. INTIMATE THAT CHURCH CONDONES DIVORCE

7a.  Your website recommends North American Conference for Separated or Divorced Catholics (NACSDC) which intimates the church condones divorce with no exception.

7b.  Your website states,
        A recommended External Resources for information is NACSDC, North American Conference for Separated or Divorced Catholics ( http://www.familyministries.org/divorce.htm ). NACSDC has an "Awareness" section which provides information about divorce, "what it is and what it isn't."
        NACSDC states, "Although it has been commonly assumed that the Catholic Church does not allow or condone divorce, this is not actually the case. For many years, the Church required the faithful who wanted a divorce to obtain permission from Church authorities.
        ". . . the attitude toward divorce and divorced persons has gradually evolved. All of the canonical penalties related to civil divorce have been dropped. Rather than expect an attitude of condemnation or accusation, divorced persons now can go to their parishes for support, encouragement and help in working through the trauma that goes with the breakdown of a marriage and family (Source: Our Sunday Visitor's Catholic Encyclopedia, 1991, page 318).
        "If you are divorced and not remarried there are no penalties. There are no laws preventing a divorced Catholic from active participation within a parish." ( http://www.nacsdc.org/aware/aware01.html )

7c.  Church teaching is states,
        from the Pope, "Today's strongly secularized mentality tends to affirm the human values of the institution of the family while detaching them from religious values and proclaiming them as fully independent of God. Influenced as it is by models of life that are too often presented by the mass-media, today's mentality asks, 'Why must one spouse always be faithful to the other?' and this question is transformed into an existential doubt in situations of crisis. Marital difficulties can take various forms, but in the end they all amount to a problem of love. For this reason, the preceding question can be reformulated in this way:  why it is always necessary to love the other spouse even when so many apparently justifying reasons, would lead one to leave?
        "Many replies can be given; among them the very powerful ones are the good of the children and the good of the entire society, but the most fundamental reply comes through the recognition of the objectivity of being spouses, seen as a reciprocal gift, made possible and guaranteed by God himself. The ultimate reason, therefore, for the duty of faithful love is none other than what is the basis of the divine covenant with the human person: God is faithful. To make possible the fidelity of heart to one's spouse, even in the hardest cases, one must have recourse to God in the certainty of receiving assistance. The way of mutual fidelity passes, moreover, through an openness to Christ's charity, which 'bears all things, believes all things, hopes all things, endures all things' (I Cor 13,7). In every marriage the mystery of redemption becomes present, brought about by a real participation in the Cross of the Saviour, accepting the Christian paradox that joins happiness with the bearing of suffering in the spirit of faith."     (Address of John Paul  II to the Prelate Auditors, Officials and Advocates of the Tribunal of the Roman Rota, January 30, 2003; Section 5 paragraph 2;  http://www.vatican.va/holy_father/john_paul_ii/speeches/2003/january/documents/hf_jp-ii_spe_20030130_roman-rota_en.html )

7d. Possible interpretations
        When the diocese recommended resource, NACSDC, intimates that the church has no objections to divorce and states, "There are no laws preventing a divorced Catholic from active participation within a parish," inquiring readers who feel their marriage hard, may think the diocese is supporting them when they decide to get divorced. Uninformed website visitors will be unaware of the considerable difference between a spouse who has sincerely tried to be faithful to the sacrament of marriage and is unjustly abandoned, and one who through his own grave fault destroys a canonically valid marriage.  Visitors will be unaware of the information promulgated by the Pope. Specifically, Christ offers solutions to marital problems; one has recourse to God in the certainty of receiving assistance, and being married is made possible and guaranteed by God himself. "God is faithful."
        As the director of the Divorce and Annulment Support Ministry, I'd assume that you would want to clarify any misleading or confusing information which contradicts the church's teaching on divorce. Will you please consider providing clear and supportive explanations of the Church's position on these matters whenever you recommend NACSDS as a source for Catholic information?

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8. DON'T JUDGE

8a. Your website writes "don't judge", and omits tho obligation to defend justice, which includes fraternal correction.

8b. Your website states.
        "Suspend Judgements."  This is one of the items on your list titled, "Divorce & the Rest of the Family" on your Divorce and Annulment Support Ministry webpage. ( http://www.familyministries.org/divorce.htm )

8c(1). Church teaching is states
        "CCC 1435 Conversion is accomplished in daily life by . . . the exercise and defense of justice and right, by the admission of faults to one's brethren, fraternal correction, revision of life, examination of conscience, spiritual direction, acceptance of suffering, endurance of persecution for the sake of righteousness. Taking up one's cross each day and following Jesus is the surest way of penance.
        "CCC 1829 The fruits of charity are joy, peace, and mercy; charity demands beneficence and fraternal correction;  . . ."

8c(2). Church teaching is states,
        from the Congregation for the Clergy, "the teaching of Christ on community life, recounted in the Gospel of St Matthew, calls for attitudes which it is for catechesis to inculcate: the spirit of simplicity and humility ("unless you turn and become like little children..." Mt 18,3); solicitude for the least among the brethren ("but whoever causes one of these little ones who believe in me to sin..." Mt 18,6); particular care for those who are alienated ("Go and search of the one that went astray..." Mt 18,12); fraternal correction ("Go and tell him his fault..." Mt 18,15); . . . "        (Congregation for the Clergy, General Directory for Catechisis, From the Vatican, 15 August 1997, Education for Community Life, paragraph 86 a;  http://www.vatican.va/roman_curia/congregations/cclergy/documents/rc_con_ccatheduc_doc_17041998_directory-for-catechesis_en.html  )

8d. Possible interpretations
        If someone is divorcing one's spouse, his friends and family members who read your website might feel obligated to remain silent, and suspend judgment - even if their first inclination is to believe that this divorce is wrong and to plead with the person to work on reconciling his/her marriage. As the director of the Divorce and Annulment Support Ministry, we'd assume that you would want to clarify any misleading or confusing information which contradicts the church's teaching on divorce. Will you please consider providing clear and supportive explanations of the Church's position on fraternal correction?

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9.  N.A.C.S.D.C. PUBLICIZES CHICAGO SEMINAR

9a.  Apparently the Chicago Diocese works in cooperation with the North American Conference for Seprated or Divorced Catholics (NADSDC), which promotes the diocese seminars.

9b(i).  NACSDC's website states,
        "Annulment Process Day, . . . . Father Peter Schavitz, C.SS.R., and Elsie Radtke, Associate Director for the Family Ministries Office, Archdiocese of Chicago, will examine the meaning of the term "annulment."  ( http://www.nacsdc.org/rgn/r7/r7.html )

9b(ii).  Your website states,
        "We will examine the meaning of the term "annulment", the Archdiocesan process for granting an annulment, and the currently acceptable grounds for obtaining an annulment."   ( http://www.familyministries.org/annulment-day.htm )

9c. Possible interpretations
        Readers will assume the Chicago Diocese agrees with NACSDC’s understanding of divorce, annulments, and the obligations of Catholics. Is this an acceptable conclusion?

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10. DOZENS OF ANNULMENT ADVISORS AVAILABLE

10a.  Your diocese offers over 80 people's names and phone numbers to help those who want to get annulments.

10b.  Your website states,
        '"October 2003, ANNULMENT SUPPORT MINISTRY, Going through an annulment can be a scary prospect. Going through it alone or if you do not know anyone who has completed the process can be scary, too. For that reason the Tribunal and the Family Ministries Office have collaborated to provide some help to those who would like it. Below is the list of parishes that provide this extra help at no charge to you. You do not have to be a member of that parish to ask for help from them."  Many Deacons are listed on the list of over eighty people's names and phone numbers.
( http://216.239.39.104/search?q=cache:gn-imOCCmkMJ:www.familyministries.org/Support_Ministry_List.pdf+Juliet+Beriou&hl=en&ie=UTF-8*************   OR  http://www.familyministries.org/Support_Ministry_List.pdf )

10c(i) Church teaching states,
        from the Pope, "One cannot give in to the divorce mentality: confidence in the natural and supernatural gifts of God to man prevents that. Pastoral activity must support and promote indissolubility. The doctrinal aspects should be transmitted, clarified and defended, but even more important are consistent actions. Whenever a couple is going through difficulties, the sympathy of Pastors, and of the other faithful must be combined with clarity and fortitude in remembering that conjugal love is the way to work out a positive solution to their crisis. Given that God has united them by means of an indissoluble bond, the husband and wife by utilizing all their human resources, together with good will, and by, above all, confiding in the assistance of divine grace, can and should emerge from their moments of crisis renewed and strengthened. . . .
        "At times, in recent years some have opposed the traditional "favor matrimonii" in the name of a "favor libertatis" or "favor personae". In this dialectic it is obvious that the basic theme is that of indissolubility, but the antithesis is even more radical with regard to the truth about marriage itself, more or less openly relativized. Against the truth of a conjugal bond, it is not right to invoke the freedom of the contracting parties, who, in freely consenting to that bond, were bound to respect the objective demands of the reality of marriage that cannot be altered in the name of human freedom. Judicial activity must therefore be inspired by a "favor indissolubilitatis"; that clearly does not mean prejudice against just declarations of nullity, but an active conviction of the good at stake in the processes, together with the ever renewed optimism that derives from the natural character of marriage and from the support of the Lord for the spouses."        ( Address of John Paul II to the Prelate Auditors, Officials and Advocates of the Tribunal of the Roman Rota,  January 28, 2002, Section 5, paragraph 2; and Section 7, paragraph 3;  http://www.vatican.va/holy_father/john_paul_ii/speeches/2002/january/documents/hf_jp-ii_spe_20020128_roman-rota_en.html  )

10c(ii) Church teachings,
        as addresses from the Pope to the Tribunal of the Roman Rota are all are available on the internet. http://www.vatican.va/holy_father/john_paul_ii/speeches/index_spe-roman-rota.htm

10d. Possible interpretations
        Website visitors will know that the diocese is interested in helping them get their annulment, but will they know if they'll be receiving guidance which is consistent with the highest church authority's understanding of annulment?  What sources does the diocese Divorce and Annulment Support Ministry use to determine it's understanding of annulment?

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11.  Receiving Holy Communion

11a. All divorced people can recieve communion in good conscience.

11b(i). Your website states.
        "Divorced Catholics may receive Eucharist and Reconciliation.."  This is one of the items on your list titled, "Catholic Divorce Facts." on your Divorce and Annulment Support Ministry webpage. ( http://www.familyministries.org/divorce.htm )

11b(ii).  Your website states,
        A recommended External Resources for information is NACSDC, North American Conference for Separated or Divorced Catholics ( http://www.familyministries.org/divorce.htm ).  NACSDC has an "Awareness" section which provides information about divorce, "what it is and what it isn't."
        NACSDC states, "The Most Frequently Asked Questions;  Can I still receive the Eucharist? Yes!" and "Must I obtain absolution prior to receiving the Sacraments because I'm divorced? No!" ( http://www.nacsdc.org/aware/aware.html )

11c(i) Church teachings,
        CCC 1415 Anyone who desires to receive Christ in Eucharistic communion must be in the state of grace. Anyone aware of having sinned mortally must not receive communion without having received absolution in the sacrament of penance.
        CCC 1395 By the same charity that it enkindles in us, the Eucharist preserves us from future mortal sins. ...  The Eucharist is not ordered to the forgiveness of mortal sins - that is proper to the sacrament of Reconciliation. The Eucharist is properly the sacrament of those who are in full communion with the Church."
        CCC 1857 "For a sin to be mortal, three conditions must together be met: "Mortal sin is sin whose object is grave matter and which is also committed with full knowledge and deliberate consent."
        CCC 1859 Mortal sin requires full knowledge and complete consent. It presupposes knowledge of the sinful character of the act, of its opposition to God's law. It also implies a consent sufficiently deliberate to be a personal choice. Feigned ignorance and hardness of heart do not diminish, but rather increase, the voluntary character of a sin.
        CCC 2384. Divorce is a grave offense against the natural law. It claims to break the contract, to which the spouses freely consented, to live with each other till death. Divorce does injury to the covenant of salvation, of which sacramental marriage is the sign.
        CCC 1430 IV. INTERIOR PENANCE Jesus' call to conversion and penance, ..., does not aim first at outward works, "sackcloth and ashes," fasting and mortification, but at the conversion of the heart, interior conversion. Without this, such penances remain sterile and false; however, interior conversion urges expression in visible signs, gestures and works of penance.
        CCC 1431 Interior repentance is a radical reorientation of our whole life, a return, a conversion to God with all our heart, an end of sin, a turning away from evil, with repugnance toward the evil actions we have committed. At the same time it entails the desire and resolution to change one's life, with hope in God's mercy and trust in the help of his grace. ....
        CCC 1451 Contrition.  Among the penitent's acts contrition occupies first place. Contrition is "sorrow of the soul and detestation for the sin committed, together with the resolution not to sin again."
        CCC 1457 Anyone who is aware of having committed a mortal sin must not receive Holy Communion, even if he experiences deep contrition, without having first received sacramental absolution, ...
        CCC 1459 Satisfaction. Many sins wrong our neighbor. One must do what is possible in order to repair the harm ... Simple justice requires as much.
        CCC 1466 The confessor is not the master of God's forgiveness, but its servant. The minister of this sacrament should unite himself to the intention and charity of Christ.  He should have a proven knowledge of Christian behavior, experience of human affairs, respect and sensitivity toward the one who has fallen; he must love the truth, be faithful to the Magisterium of the Church, ...
        CCC 2120 Sacrilege consists in profaning or treating unworthily the sacraments and other liturgical actions, as well as persons, things, or places consecrated to God. Sacrilege is a grave sin especially when committed against the Eucharist, for in this sacrament the true Body of Christ is made substantially present for us.

11d. Possible interpretations
        As the director of the Divorce and Annulment Support Ministry, we assume you would want to clarify any confusion about the responsibilities of Catholics regarding the sacraments.   If the church states that divorce is a grave offense against nature, can divorce be a mortal sin if one abandoning one's spouse and destroys a valid marriage?  Will you please clarify the church's understanding of mortal sin,  contrition, and satisifaction for one's sin, and clarify the occasions when one would be obligated to recuse oneself from receiving holy communion?