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PONTIFICAL COUNCIL FOR THE FAMILY FAMILY, MARRIAGE AND “DE FACTO”
UNIONS Presentation One very widespread phenomenon that calls strongly upon the
conscience of the Christian community today is the growing number of de
facto unions in society as a whole, with the disaffection for the
stability of marriage that this entails. The Church cannot fail to shed
light on this reality in its discernment of the “signs of the times”. Aware of the grave repercussions of this social and pastoral
situation, the Pontifical Council for the Family organized a series of
study meetings in 1999 and during the first months of the year 2000. Some
outstanding persons and well-known experts from different parts of the
world took part in order to analyze this delicate problem that has such
great transcendence for the Church and the world. The present document is the fruit of this study. It takes up a current and
difficult problem that touches the very heart of human relations, the most
delicate part of the intimate union between the family and life, the most
sensitive areas of the human heart. At the same time, the undeniable
public transcendence of the present international political juncture makes
it fitting and urgent to offer a word of guidance addressed especially to
those who have responsibilities in this area. It is they in their legislative
task who can give juridical consistency to the institution of marriage or,
on the contrary, based on an unreal understanding of personal problems,
weaken the consistency of the common good that protects this natural
institution. These reflections are also addressed to pastors who must receive
and guide so many Christians today and accompany them along the way toward
appreciating the natural value that is protected by the institution of
marriage and ratified by the Christian sacrament. The family based on marriage
corresponds to the Creator’s design “at the beginning” (Mt. 19:4). In the Kingdom of God, where no
seed can be sowed other than that of the truth that is already written in
the human heart, the only seed capable of “bearing fruit through
perseverance” (Lk. 8:15), this
truth becomes mercy, understanding and a call to recognize in Jesus the
“light of the world” (Jn.
8:12), and the power that frees from the bonds of evil. This document also proposes to contribute in a positive way to a
dialogue that will clarify the truth about these matters and the
requirements that come from the natural order itself, and to take part in
the socio-political debate and the responsibility for the common
good. May God grant that these serene and responsible considerations,
which are shared by so many persons of good will, redound to the benefit
of that community of life that is necessary for the Church and the world:
the family. Vatican City, July 26, 2000
Alfonso Cardinal López
Trujillo
Most Rev. Francisco Gil Hellín Introduction (1) The so-called “de facto unions” have been taking on special
importance in society during these past years. Some initiatives insist on their
institutional recognition and even their equivalence to families
originating in a marriage commitment. Before a question of such
importance with so many future repercussions for the entire human
community, this Pontifical Council proposes in the following reflections
to call attention to the danger that such recognition and equivalence
would represent for the identity of the matrimonial union, and the grave
damage this would entail for the family and the common good of
society.
In this document, after considering the social aspect of de facto
unions, their constitutive elements, and their existential motivations,
the problem is taken up of the juridical recognition and equivalency of de
facto unions, first with regard to the family based on marriage, and then
with regard to the whole of society.
The document then deals with the family as a social value, the
objective values to be fostered, and the duty in justice on the part of
society to protect and promote the family rooted in marriage. Afterwards, some aspects raised in
relation to Christian marriage are studied in depth. Some general criteria are also
presented for pastoral discernment which are necessary to guide the
Christian communities. The considerations presented here are not only addressed to those
who explicitly recognize the Catholic Church as “the church of the living
God, the pillar and bulwark of truth” (1 Tm. 3:15), but also to all
Christians who belong to the different Churches and Christian communities,
and to all those who are sincerely committed to the precious good of the
family, the fundamental cell of society. As the Second Vatican Council
teaches, “The well-being of the individual person and of human and
Christian society is intimately linked with the healthy condition of that
community produced by marriage and family. Hence Christians and all men
who hold this community in high esteem sincerely rejoice in the various
ways by which men today find help in fostering this community of love and
perfecting its life, and by which parents are assisted in their lofty
calling”[1]. I – “De facto Unions” Social aspect of de facto unions (2) The term “de facto unions” includes a whole series of many
heterogeneous human realities whose common element is that of being forms
of cohabitation (of a sexual kind) which are not marriage. De facto unions are characterized
precisely by the fact that they ignore, postpone, or even reject the
conjugal commitment. Grave
consequences are derived from this. In marriage, through the covenant of conjugal love, all the
responsibilities that result from the bond that has been made are taken on
publicly. From this public
assumption of responsibilities a good results not only for the spouses
themselves and for the children in their affective and formational growth,
but also for the other members of the family. Therefore, the family based on
marriage is a fundamental and precious good for the whole society whose
most solid fabric is built on the values that are developed in family
relations and guaranteed by stable marriage. The good generated by marriage is
basic for the Church which recognizes the family as the “domestic
Church”.[2] All this is endangered by
abandoning the institution of marriage, which is implicit in de facto
unions. (3) Some may wish to, and may use sexuality in a way other than
that written by God into human nature and the specifically human end of
their acts. This goes against
the interpersonal language of love and seriously endangers, through an
objective disorder, the true dialogue of life willed by the Creator and
Redeemer of humankind. The
doctrine of the Catholic Church is well known by public opinion, and it is
not necessary to repeat it here.[3] It is the social dimension of the
problem that requires greater reflection and makes it possible to point
out, especially to those with public responsibilities, the
inappropriateness of elevating these private situations to the category of
public interest. With the
pretext of regulating one context of social and juridical cohabitation,
attempts are made to justify the institutional recognition of de facto
unions. In this way, de facto
unions would turn into an institution, and their rights and duties would
be sanctioned by law to the detriment of the family based on marriage. The
de facto unions would be put on a juridical level similar to marriage;
moreover, this kind of cohabitation would be publicly qualified as a
“good” by elevating it to a condition similar to, or equivalent to
marriage, to the detriment of truth and justice. In this way, a very strong
contribution would be made toward the breakdown of the natural institution
of marriage which is absolutely vital, basic and necessary for the whole
social body. Constitutive elements of de facto
unions (4) Not all de facto unions have the same social weight or the same
motivations. When describing
their positive characteristics, over and above their common negative trait
of postponing, ignoring or rejecting the matrimonial union, some elements
stand out. First, there is
the purely factual character of the relationship. It should be pointed out that
these unions imply cohabitation that includes a sexual relationship (which
distinguishes them from other forms of cohabitation), and a relative
tendency toward stability (which distinguishes them from sporadic or
occasional forms of cohabitation).
De facto unions do not imply marital rights and duties, and they do
not presume to have the stability that is based on the marriage bond. They are characterized by their
strong assertion to not take on any ties. The constant instability that
comes from the possibility of terminating the cohabitation is consequently
a characteristic of de facto unions.
There is also a certain more or less explicit “commitment” to
“mutual fidelity”, so to speak, as long as the relationship lasts. (5) Some de facto unions are clearly the result of a decisive
choice. “Trial” unions are
common among those planning to marry in the future, but on the condition
that they have the experience of a union without a marriage bond. This is
a kind of “conditioned stage” for marriage, similar to “trial” marriage,
[4] but, different from
this, a certain social recognition is presumed. Some other persons who live together justify this choice because of
economic reasons or to avoid legal difficulties. The real motives are
often much deeper. In using
this type of pretext, there is often an underlying mentality that gives
little value to sexuality.
This is influenced more or less by pragmatism and hedonism, as well
as by a conception of love detached from any responsibility. The
commitment is avoided to the stability, the responsibilities, and the
rights and duties that real conjugal love includes. In other cases, de facto unions are formed by persons who were
previously divorced and are
thus an alternative to marriage.
Through pro-divorce legislation, marriage often tends to lose its
identity in personal conscience. In this sense, a lack of confidence in
the institution of marriage should be pointed out which sometimes comes
from the negative experience of persons who have been traumatized by a
previous divorce or by their parents’ divorce. This distressing phenomenon is
beginning to become important from a social viewpoint in the more
economically developed countries. It is not uncommon for persons living together in a de facto union
to make their rejection of marriage for ideological reasons known
explicitly. This then is the
choice of an alternative, a certain way of living one’s sexuality. These persons consider marriage as
something to be rejected, something that is opposed to their ideology, an
“unacceptable form of abusing personal well-being”, or even as “the tomb
of passionate love”, expressions that denote a lack of knowledge about the
real nature of human love and sacrifice, and of the nobility and beauty of
constancy and fidelity in human relations. (6) De facto unions are not always the result of a clear and
positive choice. Sometimes
persons who are living together in these unions show that they tolerate or
bear this situation. In some
countries, the increasing number of de facto unions is due to a
disaffection regarding marriage not for ideological reasons, but because
of a lack of adequate formation in responsibility, which is the product of
the poverty and marginalization of their environment. A lack of confidence in marriage,
however, can also be due to family conditioning, especially in the Third
World. One important factor
to be taken into consideration are the situations of injustice and the
structures of sin. The
cultural predominance of macho or racist attitudes come together and
aggravate this difficult situation very much. In these cases, it is not unusual to find de facto unions where,
from the beginning, in principle, the partners want an authentic life
together, consider themselves united as husband and wife, and make efforts
to fulfill obligations similar to those of marriage.[5] Poverty, that is often the result
of imbalances in the world economic order and structural educational
shortcomings, poses serious obstacles that keep them from forming a real
family. In other places, cohabitation (for more or less extended periods of
time) is frequent until the conception or birth of the first child. These customs correspond to
ancestral and traditional practices which are very strong in some regions
of Africa and Asia and are related to the so-called “marriage by
stages”. These practices are
in contrast with human dignity, difficult to uproot, and create a negative
moral situation with a characteristic and well-defined social problem.
This kind of union should not be identified with the de facto unions we
are concerned with here (which are formed on the margin of a traditional
kind of cultural anthropology), and pose a challenge for the inculturation
of the faith in the Third Millennium of the Christian era. The complexity and diversity of the problem of de facto unions can
be clearly seen if we consider, for instance, that in some cases, their
most immediate cause can be related to social security and welfare
systems. This is the case,
for example, in the most developed systems where elderly persons form de
facto relationships because they fear that marriage would involve tax
burdens or the loss of their pensions. Personal reasons and the cultural factor (7) It is important to ask the deep reasons why contemporary
culture is witnessing a crisis in marriage, both in its religious and
civil dimensions, and the attempt to gain recognition and equivalency for
de facto unions. In this way,
unstable situations, which are defined more by their negative aspect (the
omission of marriage) than by their positive characteristics, seem to be
on a level similar to marriage.
In fact, all these situations are consolidated in different kinds
of relations, but all are in contrast with a real and full reciprocal
self-giving that is stable and recognized socially. In a context of
privatization of love and the elimination of the institutional character
of marriage, the complexity of the economic, sociological and
psychological reasons suggests the need to delve into the ideological and
cultural background on which the phenomenon of de facto unions, as we know
it today, has been progressively growing and becoming affirmed. The progressive decrease in the number of marriages and families
recognized as such by the laws of different States, and the increase in
some countries in the number of unmarried couples who are living together
cannot be explained adequately as an isolated and spontaneous cultural
movement. It seems to be a
response to the historical changes in societies in the contemporary
cultural moment that some authors describe as “post-modernism”. It is certain that the decreased
influence of the agricultural world, the development of the tertiary
sector of the economy, the increase in the average life span, the
instability of work and personal relationships, the reduction in the
number of family members living under the same roof, and the globalization
of social and economic phenomena have produced great instability in
families and favored the ideal of a smaller family. But is this enough to
explain the contemporary situation of marriage? The institution of
marriage is experiencing a lesser crisis where family traditions are
stronger. (8) In the process that could be described as the gradual cultural
and human de-structuring of the institution of marriage, the spread of a
certain ideology of “gender” should not be underestimated. According to this ideology, being
a man or a woman is not determined fundamentally by sex but by
culture. Therefore, the very
bases of the family and inter-personal relationships are attacked. Some considerations should be made
in this regard because of the importance of this ideology in contemporary
culture and its influence on the phenomenon of de facto unions. In the integrative dynamics of the human personality, one very
important factor is identity.
During childhood and adolescence, a person progressively gains
awareness of being “him/herself”, an awareness of his/her own
identity. This is integrated
into a process of recognition of one’s being and, consequently, of the
sexual dimension of one’s being.
This is therefore awareness of identity and difference. Experts usually make a distinction
between sexual identity (i.e., awareness of the psycho-biological identity
of one’s sex, and the difference with regard to the other sex), and
generic identity (i.e., awareness of the psycho-social and cultural
identity of the role which persons of a determined sex play in
society). In a correct and
harmonious process of integration, sexual and generic identity are
complementary because persons live in society according to the cultural
aspects corresponding to their sex.
The category of generic sexual identity (“gender”) is therefore of
a psycho-social and cultural nature.
It corresponds to and is harmonious with sexual identity of a
psycho-biological nature when the integration of the personality is
achieved as recognition of the fullness of the person’s inner truth, the
unity of body and soul. Starting from the decade between 1960-1970, some theories (which
today are usually described by experts as “constructionist”) hold not only
that generic sexual identity (“gender”) is the product of an interaction
between the community and the individual, but that this generic identity
is independent from personal sexual identity: i.e., that masculine and
feminine genders in society are the exclusive product of social factors,
with no relation to any truth about the sexual dimension of the
person. In this way, any
sexual attitude can be justified, including homosexuality, and it is
society that ought to change in order to include other genders, together
with male and female, in its way of shaping social life.[6] The ideology of “gender” found a favorable environment in the
individualist anthropology of radical neo-liberalism.[7] Claiming a similar status for
marriage and de facto unions (including homosexual unions) is usually
justified today on the basis of categories and terms that come from the
ideology of “gender”.[8] In this way, there is a certain
tendency to give the name “family” to all kinds of consensual unions, thus
ignoring the natural inclination of human freedom to reciprocal
self-giving and its essential characteristics which are the basis of that
common good of humanity, the institution of marriage. II – The Family based on marriage and de facto unions Family, life and de facto unions (9) It is useful to understand the substantial differences between
marriage and de facto unions.
This is the root of the difference between the family originating
in marriage, and the community that originates in a de facto union. The family community comes from
the covenant of the spouses’ union.
The marriage that comes from this covenant of conjugal love is not
created by any public authority: it is a natural and original institution
that is prior to it. In de
facto unions, on the other hand, reciprocal affection is put in common
but, at the same time, the marriage bond, with its original public
dimension that gives the foundation to the family, is absent. The family and life form a real
unit which must be protected by society because this is the living nucleus
of the succession (procreation and education) of human generations. In today’s open and democratic societies, the State and the public
authorities must not institutionalize de facto unions, thereby giving them
a status similar to marriage and the family, nor much less make them
equivalent to the family based on marriage. This would be an arbitrary use of
power which does not contribute to the common good because the original
nature of marriage and the family proceeds and exceeds, in an absolute and
radical way, the sovereign power of the State. A serenely impartial perspective
free from any arbitrary or demagogical positions invites us to reflect
very seriously in the different political communities on the essential
differences between the vital and necessary contribution to the common
good of the family based on marriage, and the other reality that exists in
merely emotional forms of cohabitation. It does not seem reasonable to
hold that the vital functions of family communities, whose nucleus is the
stable and monogamous institution of marriage, can be carried out in a
large-scale, stable and permanent way by merely emotional forms of
cohabitation. The family
based on marriage must be carefully protected and promoted as an essential
factor in social existence, stability and peace, in a broad future vision
of the society’s common interest. (10) Equality before the law must respect the principle of justice
which means treating equals equally, and what is different differently:
i.e., to give each one his due in justice. This principle of justice would be
violated if de facto unions were given a juridical treatment similar or
equivalent to the family based on marriage. If the family based on marriage
and de facto unions are neither similar nor equivalent in their duties,
functions and services in society, then they cannot be similar or
equivalent in their juridical status. The pretext used for exerting pressure to recognize de facto unions
(i.e., their “non-discrimination”) implies a real discrimination against
the family based on marriage because it would be considered on a level
similar to any other form of cohabitation, regardless of whether there is
a commitment to reciprocal fidelity and the begetting and up-bringing of
children or not. The
orientation of some political communities today of discriminating against
marriage by attributing an institutional status to de facto unions that is
similar, or even equivalent to marriage and the family, is a serious sign
of the contemporary breakdown in the social moral conscience, of “weak
thought” with regard to the common good, when it is not a real and proper
ideological imposition exerted by influential pressure groups. (11) Along the same line of principles, it is good to keep in mind
the distinction between public interest and private interest. Regarding the former, society and
the public authorities must protect and encourage it; as to the latter,
the State must only guarantee freedom. Whenever a matter is of public
interest, public law intervenes, and what , on the contrary, corresponds
to private interests must be referred to the private sphere. Marriage and the family are of
public interest; they are the fundamental nucleus of society and the State
and should be recognized and protected as such. Two or more persons may decide to
live together, with or without a sexual dimension but this cohabitation is
not for that reason of public interest. The public authorities can not get
involved in this private choice.
De facto unions are the result of private behavior and should
remain on the private level.
Their public recognition or equivalency to marriage, and the
resulting elevation of a private interest to a public interest, damages
the family based on marriage.
In marriage a man and a woman constitute a community of the whole
of life which is ordered by its very nature to the good of the spouses and
the generation and up-bringing of offspring. In marriage, different from de
facto unions, commitments and responsibilities are taken on publicly and
formally that are relevant for society and exigibile in the juridical
context. De facto unions and the conjugal covenant (12) The evaluation of de facto unions also includes a subjective
dimension: they are formed by concrete persons with their own vision of
life, their own intentions, in brief, their “history”. We should consider the existential
reality of individual freedom of choice and the dignity of persons which
may be in error. However, in
a de facto union, the presumption to have public recognition does not only
affect the individual area of freedom, and so it is necessary to take up
this problem from the viewpoint of social ethics: the human individual is
a person and therefore social; a human being is no less social than
rational.[9] Persons can meet and refer to shared values and needs regarding the
common good in dialogue. The
universal reference point, the criterion in this area, can be none other
than the truth about the human good which is objective, transcendent and
equal for all. To attain this
truth and remain in it is a condition for freedom and personal maturity,
and the real objective of an orderly and fruitful social coexistence. Exclusive attention to the
subject, to the individual, his intentions and choices, without referring
to the social and objective dimension, oriented to the common good, is the
result of an arbitrary and unacceptable individualism that is blind to
objective values, against the dignity of the person, and harmful to the
social order.
“Therefore, it is necessary to promote a reflection that will help
not only believers but all men of good will to rediscover the value of
marriage and the family. In
the Catechism of the Catholic
Church, we can read: ‘The
family is the original cell of social life. It is the natural society in which
husband and wife are called to give themselves in love and in the gift of
life. Authority, stability
and a life of relationships within the family constitute the foundations
for freedom, security and fraternity within society.[10] If reason
listens to the moral law written in the human heart, it can arrive at the
rediscovery of the family. As a community based on and enlivened by love, [11] the family derives its strength
from the definitive covenant of love whereby a man and a woman give
themselves to one another mutually and together become God’s cooperators
in the gift of life”.[12] The Second Vatican Council points out that so-called free love
(“amore sic dicto libero”)[13] constitutes a
factor that breaks down and destroys marriage because it lacks the
constitutive element of conjugal love which is based on the personal and
irrevocable consent whereby the spouses give and receive one another
mutually, giving rise to a juridical bond and a unit sealed by a public
dimension of justice. What
the Council calls “free” love, which opposes true conjugal love, was
then—and is now—the seed that produces de facto unions. Later, with the speed of today’s
socio-cultural changes, it has also given rise to the current projects to
confer public status on de facto unions. (13) Like every other human problem, the problem of de facto unions
must also be taken up from a rational perspective, more precisely, from
“right reason”.[14] With this term
from classical ethics, it is stressed that the interpretation of reality
and the judgment of reason must be objective, and free from conditioning,
such as disorderly affectivity or weakness in considering sorrowful
situations that inclines toward a superficial kind of compassion, eventual
ideological prejudices, social or cultural pressures, conditioning by
lobbies or political parties.
Of course, Christians have a vision of marriage and the family
whose anthropological and theological foundation is rooted harmoniously in
the truth that comes from the Word of God, Tradition, and the Magisterium
of the Church.[15] But the light of the faith itself
teaches that the reality of the sacrament of marriage is not something
subsequent or extrinsic, or just an external “sacramental” addition to the
spouses’ love; it is the natural reality of conjugal love that has been
assumed by Christ as a sign and means of salvation in the order of the New
Law. Consequently, the
problem of de facto unions can and must be faced from the viewpoint of
right reason. It is not a
question primarily of Christian faith but of rationality. The tendency to oppose
denominational “Catholic thought” on this matter to “lay thought” is
erroneous.[16] III – De facto unions in the whole of
society Social and political dimension of the problem of
equivalency (14) Some radical cultural influences (such as the ideology of
“gender”, which we mentioned earlier) result in damage to the family
institution. “Still more distressing is the direct attack on the family
institution that is developing both on the cultural as well as on the
political, legislative and administrative levels...The tendency is clear
to make the family equivalent to other very different forms of
cohabitation, apart from fundamental considerations of an ethical and
anthropological order”.[17] For this reason, the definition of
the family’s identity is a priority.
The value of and the need for stability in the marriage
relationship between a man and a woman are pertinent to this identity, and
this stability is expressed and confirmed in a perspective of procreation
and up-bringing of children which benefits the entire social fabric. Such
marital and family stability does not only depend on the good will of
concrete persons; it takes on an institutional character of public
recognition by the State of the choice of conjugal life. The recognition, protection and
promotion of this stability contributes to the general interest,
especially of the weakest, i.e., the children. (15) Another risk in the social consideration of the problem that
concerns us is its trivialization.
Some affirm that recognition and equivalency of de facto unions
should not cause excessive concern because the number of these cases is
relatively small. If this
were the case, however, the opposite should be concluded because a
quantitative consideration of the problem ought to lead to doubting the
advisability of raising the problem of de facto unions to one of primary
importance, especially where adequate attention is barely given to the
grave problem (both present and future) of protecting marriage and the
family through adequate family policies that really affect social
life. The undifferentiated
exaltation of individuals’ freedom of choice, with no reference to a
socially relevant value order, obeys a completely individualistic and
private approach to marriage and the family that is blind to its objective
social dimension. It must be
kept in mind that procreation is the “genetic” principle of society, and
that the children’s upbringing is the first place for the transmission and
cultivation of the social fabric as well as the essential nucleus of its
structural configuration. Recognition and equivalence of de facto unions discriminates
against marriage (16) Through public recognition of de facto unions, an asymmetrical
juridical framework is established. Whereas society would take on
obligations towards the partners in a de facto union, they in turn would
not take on the essential obligations to society that are proper to
marriage. Making them
equivalent aggravates this situation because it privileges de facto unions
with respect to marriages by exempting the former from fulfilling
essential duties for society.
In this way, a paradoxical disassociation is accepted that is
ultimately detrimental to the institution of the family. With regard to the recent
legislative attempts to make the family and de facto unions equivalent,
including homosexual unions (it is good to keep in mind that their
juridical recognition is the first step toward their equivalency), members of parliament should be
reminded about their grave responsibility to oppose them, for “lawmakers,
and in particular Catholic members of parliaments, should not favor this
type of legislation with their vote because it is contrary to the common
good and the truth about man and thus truly unjust”.[18] These legal initiatives present
all the characteristics of non-conformity to the natural law which makes
them incompatible with the dignity of the law. As Saint Augustine says, “Non
videtur esse lex, quae iusta non fuerit”.[19] An ultimate foundation of the
juridical system must be recognized.[20] This does not mean presuming to
impose a given behavior “model” on the whole of society, but rather the
social need for recognition, by the legal system, of the indispensable
contribution of the family based on marriage to the common good. Wherever the family is in crisis,
the society falters. (17) The family has a right to be protected and promoted by
society, as many Constitutions in force in States around the whole world
recognize.[21] This is a recognition in justice
of the essential function which the family based on marriage represents
for society. A duty of
society, which is not only moral but civil too, corresponds to this
original right of the family.
The right of the family based on marriage to be protected and
promoted by society and the State must be recognized by laws. This is a question that affects
the common good. With clear
argumentation, Saint Thomas Aquinas rejects the idea that moral law and
civil law can be in opposition: they are different but not in opposition;
both are distinguished from one another, but they are not disassociated
from one another; between them there is neither unanimity nor
contradiction.[22] As John Paul II stated: “It is
important that all who are called to guide the destiny of nations
recognize and strengthen the institution of marriage; in fact, marriage
has a particular juridical status that recognizes the rights and duties of
the spouses to one another and to their children, and families play an
essential role in society, whose permanence they guarantee. The family fosters the
socialization of the young and helps curb the phenomena of violence by
transmitting values and the experience of brotherhood and solidarity which
it allows to become a reality each day. In the search for justified
solutions in modern society, the family cannot be put on the same level as
mere associations or unions, and the latter cannot enjoy the particular
rights exclusively connected with the protection of the conjugal
commitment and the family based on marriage, a stable community of life
and love, the result of the total and faithful gift of the spouses, open
to life”.[23] (18) Those who are involved in politics ought to be aware of the
seriousness of this problem.
In the West, current political activity often tends to privilege
pragmatic aspects in general and the so-called “policy of balances” on
very concrete matters, without entering into a discussion of principles
that may endanger difficult and precarious compromises between parties,
alliances and coalitions. But
shouldn’t these balances be based on clear principles, fidelity to
essential values, and clarity in the fundamental postulates? “ If there is
no ultimate truth to guide and direct political activity, then ideas and
convictions can easily be manipulated for reasons of power. As history
demonstrates, a democracy without values turns easily into open or thinly
disguised totalitarianism”.[24] The legislative function
corresponds to political responsibility; in this sense, it is up to
politicians to be vigilant (not only on the level of principles but also
of applications) to avoid a breakdown, with serious present and future
consequences, of the relationship between moral and civil law, and the
defense of the educational and cultural value of the juridical system.[25] The most effective way to watch
over the public interest does not consist in demagogic concessions to
pressure groups that promote de facto unions, but rather the energetic and
systematic promotion of organic family policies, which consider the family
based on marriage as the center and motor of social policy, and which
cover the extensive area of the rights of the family.[26] The Holy See has dedicated its
attention to this aspect in the Charter of the Rights of the
Family, [27] going beyond a
merely welfare conception of the State. Anthropological foundations of the difference between marriage
and “de facto” unions (19) Marriage is based on some well-defined anthropological
foundations which distinguish it from other kinds of union and
which—beyond the realm of concrete action and what is “factual”—root it in
the very essence of the person of the woman or the man. These presuppositions include: equality between men and women, for
both are persons equally [28] (although in
different ways); the complementary character of the sexes[29] from which comes
their natural inclination toward the generation of children; the
possibility to love one another precisely because they are sexually
different and complementary in such a way that “this love is expressed and
perfected uniquely through the acts proper to marriage”;[30] the possibility—of
freedom—to set up a stable and definitive relationship, i.e., one that is
due in justice;[31] and, lastly, the
social dimension of the conjugal and family condition which constitutes
the first context of education and openness to society through family
relations (which contribute to shaping the identity of the human
person).[32] (20) If the possibility is accepted of a specific love between a
man and a woman, it is obvious that this love is inclined (in itself)
toward intimacy, a certain exclusivity, the generation of offspring, and a
joint life project. When this
is what is wanted and in such a way that the other is given the ability to
be entitled to this, then real self-giving and acceptance between the man
and woman comes about which constitutes the conjugal communion. “Amor coniugalis, therefore, is not
only or primarily a feeling, but essentially a commitment to the other
person, a commitment made through a precise act of the will. It is this commitment which gives
amor the quality of coniugalis. Once a commitment has
been made and accepted through consent, love becomes conjugal and never loses
this character”.[33] This, in the Western Christian
historical tradition, is called marriage. (21) Marriage is therefore a stable, joint project that comes from
the free and total self-giving of fruitful conjugal love as something due
in justice. Since an original
social institution is founded (and which gives origin to society), the
dimension of justice is inherent in conjugality itself. “They are free to
celebrate marriage, after having chosen each other with equal freedom, but
as soon as they perform this act, they establish a personal state in which
love becomes something that is owed, entailing effects of a juridical
nature as well”.[34] Other ways of living sexuality can
exist—even against natural tendencies-, other forms of living together,
other friendly relationships –whether based or not on the sexual
difference-, and other ways of bringing children into the world. But what
is specific about the family based on marriage is that it is the only
institution that incorporates and unites all the elements mentioned at the
same time and in an original way. (22) Consequently, it seems necessary to stress the gravity and the
irreplaceable character of some anthropological principles regarding the
man-woman relationship, which are fundamental for human cohabitation, and
all the more so for safeguarding the dignity of all persons. The central nucleus and the
essential element of these principles is the conjugal love between two persons
who have equal dignity but are different and complementary in their
sexuality. It is the essence
of marriage, as a natural and human reality, which is at stake, and it is
the good of all society that is up for discussion. “As everyone knows, not only are
the properties and ends of marriage called into question today, but even
the value and the very usefulness of the institution. While avoiding undue
generalizations, we cannot ignore, in this regard, the growing phenomenon
of mere de facto unions (cf. Familiaris Consortio, 81), and the
unrelenting public opinion campaigns to gain the dignity of marriage even
for unions between persons of the same sex”.[35] This is a basic principle: in order to be real and free conjugal
love, love must be transformed into one that is due in justice through the
free act of marital consent. The Pope concluded in this way: “In the light
of these principles, we can identify and understand the essential
difference between a mere de facto union –even though it claims to be
based on love—and marriage, in which love is expressed in a commitment
that is not only moral but rigorously juridical. The bond reciprocally assumed has
a reinforcing effect in turn on the love from which it is derived,
fostering its permanence to the advantage of the partners, the children
and society itself”.[36] Marriage, in fact, the foundation of the family, is not a “way of
living sexuality as a couple”.
If it were only this, it would be just one of many possible ways.[37] Nor is it simply the expression of
a sentimental love between two persons: this characteristic is usually
present in every loving friendship.
Marriage is more than that: it is a union between a man and a
woman, precisely as such, and in the totality of their male and female
essence. This union can only
be established through an act of the partners’ free will, but its specific
content is determined by the structure of the human being, the woman and
the man: mutual self-giving and the transmission of life. Such self-giving, in the whole
complementary dimension of a woman and a man, together with the
willingness to owe oneself in justice to the other, is called conjugality,
and the partners in this way become spouses: “This conjugal communion
sinks its roots in the natural complementarity that exists between man and
woman, and is nurtured through the personal willingness of the spouses to
share their entire life-project, what they have and what they are: for
this reason such communion is the fruit and the sign of a profoundly human
need”.[38] Making homosexual relations equivalent to marriage is much more
grave (23) The truth about conjugal love also makes it possible to
understand the serious social consequences of the institutionalization of
homosexual relations: “We can also see how incongruous is the demand to
grant ‘marital’ status to unions between persons of the same sex. It is opposed, first of all, by
the objective impossibility of making the partnership fruitful through the
transmission of life according to the plan inscribed by God in the very
structure of the human being.
Another obstacle is the absence of the conditions for that
interpersonal complementarity between male and female willed by the
Creator at both the physical-biological and the eminently psychological
levels”.[39] Marriage cannot be reduced to a
condition similar to that of a homosexual relationship: this is contrary
to common sense.[40] In the case of
homosexual relations, which demand to be considered de facto unions, the
moral and juridical consequences take on special relevance.[41] “Lastly, ‘de facto
unions’ between homosexuals are a deplorable distortion of what should be
a communion of love and life between a man and a woman in a reciprocal
gift open to life”.[42] However, the presumption to make
these unions equivalent to “legal marriage”, as some recent initiatives
attempt to do, is even more serious.[43] Furthermore, the attempts to
legalize the adoption of children by homosexual couples adds an element of
great danger to all the previous ones.[44] “The bond between two men or two
women cannot constitute a real family and much less can the right be
attributed to that union to adopt children without a family”.[45] To recall the
social transcendence of the truth about conjugal love and consequently the
grave error of recognizing or even making homosexual relations equivalent
to marriage does not presume to discriminate against these persons in any
way. It is the common good of
society which requires the laws to recognize, favor and protect the
marital union as the basis of the family which would be damaged in this
way.[46] IV – Justice and the Family as a Social Good
The family, a social good to be protected in justice (24) Marriage and the family are a social good of the first order:
“The family always expresses a new dimension of good for mankind, and it
thus creates a new responsibility. We are speaking of the responsibility
for that particular common good which includes the good of the person, of
every member of the family community. While certainly a ‘difficult’ good
(‘bonum arduum’), it is also an
attractive one”.[47] It is certain that not all spouses
nor all families really develop all the personal and social good possible.
[48] As a result,
society must do its part by making the means as accessible as possible
that will facilitate the development of its values: “Every effort should
be made so that the family will be recognized as the primordial and, in a certain sense
‘sovereign’ society! The
‘sovereignty’ of the family is essential for the good of society”.[49] Objective social values to be fostered (25) In this sense, marriage and the family constitute a good for
society because they protect a precious good for the spouses themselves, for
“the family, a natural society, exists prior to the State or any other
community, and possesses inherent rights which are inalienable”.[50] On the one hand, the social
dimension of being married persons postulates a principle of juridical
security. Since becoming a wife or a husband pertains to the area of
being—and not just of acting, the dignity of this new sign of personal
identity has a right to public recognition which society should give, as
the good it constitutes deserves.[51] Obviously the right order of
society is aided when marriage and the family are formed as they truly
are: a stable reality.[52] Moreover, the complete self-giving
as a man and a woman in their potential fatherhood and motherhood, with
the resulting union—that is also exclusive and permanent—between the
parents and the children, expresses unconditional trust that is expressed
in strength and enrichment for all.[53] (26) On the one hand, the dignity of human persons requires their
origin to be from parents joined in marriage, from the necessary intimate,
integral, mutual and permanent union that comes from being spouses. This then is a good for the children. This is the only origin that
adequately safeguards the principle of the children’s identity not only
from the genetic or biological viewpoint, but also from the biographical
and historical perspective.[54] On the other hand, marriage itself
constitutes the most human and humanizing context for welcoming children,
the context which most readily provides emotional security and guarantees
greater unity and continuity in the process of social integration and
education. “The union between a mother and a conceived child and the
irreplaceable function of the father require the child to be welcomed into
a family which will guarantee it if possible the presence of both
parents. The specific
contribution offered by them to the family, and through it, to the
society, is worthy of great consideration”.[55] Furthermore, the continued
sequence between conjugality, motherhood/fatherhood and kinship
(filiation, fraternity, etc.) avoids many serious problems for society
which come up precisely when the chain of the different elements is broken
in such a way that each of them acts independently from the others.[56]
(27) Also for the other
members of the family, the marriage union as a social reality, is a
good. In fact, in the family that grows from the conjugal bond, not only
are the new generations welcomed and taught to cooperate in what is proper
to them, but also the previous generations (the grandparents) have the
opportunity to contribute to the common enrichment: to contribute their
own experiences, to feel valid once more in their service, to confirm
their full dignity as persons who are valued and loved for themselves and
accepted in an inter-generational dialogue that is often fruitful. In fact, “the family is the place
where different generations come together and help one another to grow in
human wisdom and to harmonize the rights of individuals with other demands
of social life”.[57] At the same time,
elderly persons can look to the future with confidence and certainty
knowing they are surrounded and taken care of by those whom they have
taken care of for many years.
Moreover, it is known that when the family really lives as such,
the quality of the attention to the elderly cannot be substituted—at least
for certain aspects—by the care provided by outside institutions, even
though they are conscientious and have advanced technological means.[58] (28) Other goods for the
whole of society, which are derived from the conjugal communion as the
essence of marriage and the origin of the family, can also be considered,
such as: the principle of a citizen’s identification; the principle of the
unitary character of kinship—which constitutes the origin of relations in
society as well as their stability; the principle of the transmission of
cultural goods and values; the principle of subsidiarity, because the
disappearance of the family would oblige the State to substitute it in
tasks which are its own by nature; the principle of economy also in legal
matters, because when the family breaks down, the State must increase its
interventions in order to solve problems directly which ought to remain
and be solved in the private sphere, with great traumatic effects and high
economic costs as well. To summarize, in addition to what has been
mentioned, it must be remembered that “the family constitutes, much more
than a mere juridical, social and economic unit, a community of love and
solidarity, which is uniquely suited to teach and transmit cultural,
ethical, social, spiritual and religious values, essential for the
development and well-being of its own members and of society”.[59] Moreover, far from contributing to
a greater sphere of freedom, the breakdown of the family would leave the
individual more and more vulnerable and defenseless before the power of
the State and impoverish him by requiring a progressive juridical
complexity. Society and the State must protect and promote the family based
on marriage (29) To summarize, the human, social and material promotion of the
family based on marriage, and the juridical protection of the elements
that comprise it in its unitary character are not only a good for the
members of the family considered individually, but also for the structure
and appropriate functioning of the interpersonal relations, the balance of
powers, the guarantees of freedom, the educational interests, the
personalization of the citizens, and the distribution of functions between
the different social institutions: “Consequently the role of the family in
building a culture of life is decisive and irreplaceable”.[60] We cannot forget
that if the crisis of the family has been, on certain occasions and for
certain aspects, the cause of greater intervention by the State in its
sphere, it is also certain that in many other cases and for many other
aspects it has been the initiative of lawmakers that has facilitated or
promoted the difficulties and breakdowns of many marriages and families.
“The experience of different cultures throughout history has shown the
need for society to recognize and defend the institution of the family;
society, and in a particular manner the State and International
Organizations, must protect the family through measures of a political,
economic, social and juridical character, which aim at consolidating the
unity and stability of the family so that it can exercise its specific
function”.[61] Today more than ever, adequate attention becomes necessary—for the
sake of the family and for society itself—to the current problems of
marriage and the family, a special respect for its freedom, legislation
that will protect its essential elements and not weigh on its free
decisions regarding: women’s work that is not compatible with their
situation as wives and mothers,[62] a “culture of
success” which does not allow those who work to reconcile their
professional competence with dedication to their family, [63] the decision to
have the number of children which the spouses decide in conscience, [64] protection of the
permanent character to which married couples legitimately aspire, [65] religious freedom
and the dignity and equality of rights,[66] the principles and
carrying out of the kind of education desired for their children, [67] fiscal treatment
and other norms of a patrimonial nature (inheritance, housing, etc.),
treatment of their legitimate autonomy, and respect and encouragement of
their initiative in the social and political sphere, especially with
regard to their own families. [68] From this comes the social need to
distinguish phenomena that are different in their legal aspect and in
their contribution to the common good, and to treat them accordingly as
being different. “The institutional value of marriage should be upheld by
the public authorities; the situation of non-married couples must not be
placed on the same level as marriage duly contracted”.[69] V – Christian Marriage and de facto unions Christian marriage and social pluralism (30) More intensely in recent times, the Church has repeatedly
stressed the trust that is due to the human person, his freedom, dignity
and values, and the hope that comes from God’s saving action in the world
which helps overcome all weakness.
At the same time, it has made its grave concern known regarding
different attempts against the human person and his dignity and pointed
out some ideological presuppositions typical of the so-called
“post-modern” culture which make it difficult to understand and live the
values required by the truth about the human person. “It is no longer a
matter of limited and occasional dissent, but of an overall and systematic
calling into question of traditional moral doctrine, on the basis of
certain anthropological and ethical presuppositions. At the root of these
presuppositions is the more or less obvious influence of currents of
thought which end by detaching human freedom from its essential and
constitutive relationship to truth”.[70] When freedom is disconnected form truth, “any reference to common
values and to a truth absolutely binding on everyone is lost, and social
life ventures on to the shifting sands of complete relativism. At that
point, everything is negotiable, everything is open to bargaining, even
the first of the fundamental rights, the right to life”.[71] This is also a
warning that is surely applicable to the reality of marriage and the
family, the sole source and fully human channel for the realization of
that first right. There is “a
corruption of the idea and the experience of freedom, conceived not as a
capacity for realizing the truth of God’s plan for marriage and the
family, but as an autonomous power of self-affirmation, often against
others, for one’s own selfish well-being”.[72] (31) In the same way, from the beginning the Christian community
has held that the constitution of Christian marriage is a real sign of
Christ’s union with the Church. Marriage was elevated by Christ to a
saving event in the new order set up in the economy of the Redemption:
i.e., marriage is a sacrament of the New Covenant, [73] an essential
aspect for understanding the content and importance of the marital
community between baptized persons.
The Magisterium of the Church has also pointed out clearly that
“the sacrament of Matrimony has this specific element that distinguishes
it from all the other sacraments: it is the sacrament of something that
was part of the very economy of creation; it is the very conjugal covenant
instituted by the Creator ‘in the beginning’”.[74] In the context of a society that is often de-Christianized and
removed from the values of the truth about the human person, it is now of
interest to emphasize the content of “the matrimonial covenant, by which a
man and a woman establish between themselves a partnership of the whole of
life, [which] is by its nature ordered toward the good of the spouses and
the procreation and education of offspring”,[75] as instituted by
God “from the beginning”, [76] in the natural
order of Creation. A serene
reflection is useful not only for faithful believers, but also for those
who are now far from religious practice, who lack faith, or hold beliefs
of a different kind: for every human person, men and women, members of a
civil community and responsible for the common good. It is also useful to recall the
nature of the family that originates in marriage, its ontological and not
only historical and conjunctural character, over and above the changes in
time, place and culture, and the dimension of justice that flows from its
very essence. The process of the family’s secularization in the West (32) At the beginning of the process of secularization of the
matrimonial institution, the first and almost only thing that was
secularized was the wedding or the way of celebrating marriage, at least
in the Western countries with Catholic roots. For a certain period of time, both
in the people’s conscience and in the secular systems, the basic
principles of marriage persisted, such as the precious value of the
indissolubility of marriage and, in particular, the absolute
indissolubility of sacramental marriage between baptized persons, ratified
and consummated.[77] The widespread introduction of
legislative systems which the Second Vatican Council described as “the
divorce epidemic”, gave rise to a progressive darkening in the social
conscience regarding the value of what constituted a great conquest of
humanity over the ages. The
early Church did not succeed while in making sacred or Christianizing the
Roman concept of marriage, it did restore this institution to its origins
from creation, as explicitly willed by Jesus Christ. It is certain that in the
conscience of the early Church it was already understood clearly that the
natural essence of marriage had been conceived originally by God the
Creator as a sign of God’s love for his people, and when the fullness of
time came, of Christ’s love for his Church. But the first thing the Church
did, guided by the Gospel and the explicit teachings of Christ, was to
bring marriage back to its beginning, aware that “God himself is the
author of marriage which he endowed with various goods and ends”[78]. Moreover, the Church was well
aware that the importance of this natural institution has “a very decisive
bearing on the continuation of the human race, on the personal development
and eternal destiny of the individual members of a family, and on the
dignity, stability, peace and prosperity of the family itself and of human
society as a whole”[79]. Those who get married according to
the stablished formalities (by the Church and the State, according to the
cases), can and normally want to contract a real marriage. The inclination toward the conjugal
union is innate in human persons, and the juridical aspect of the conjugal
covenant and the origin of a real conjugal bond is based on this
decision. Marriage, the institution of conjugal love and other kinds of
unions (33) The natural reality is taken into consideration in the
canonical laws of the Church.[80] Canonical law describes
substantially the essence of marriage between baptized persons, both in
its moment in fieri – the
conjugal covenant – and as a permanent state in which the conjugal and
family relations are situated.
In this sense, the ecclesiastical jurisdiction over marriage is
decisive and represents an authentic protection for family values. The basic principles of the
essence of marriage with regard to conjugal love and its sacramental
nature are not always sufficiently understood and respected. (34) As to the first, love is often spoken about as the basis of
marriage, a community of life and love, but its real condition as a
conjugal institution is not always affirmed clearly by not including the
dimension of justice proper to consent. Marriage is an institution. Failure to note this deficiency
usually produces a grave misunderstanding between Christian marriage and
de facto unions. Partners in
de facto unions can also say that they are based on “love” (but a “love”
described by the Second Vatican Council as “sic dicto libero”), and that
they constitute a community of life and love, but they are substantially
different from the “communitas vitae et amoris coniugalis” of marriage.[81] (35) With regard to the basic principles related to the
sacramentality of marriage, the question is more complex because the
pastors of the Church have to consider the immense wealth of grace that
gives dynamism to the sacramental essence of Christian marriage and its
influence on the family relations derived from marriage. God wanted the conjugal covenant
from the beginning, the marriage of Creation, to be a permanent sign of
Christ’s union with the Church and thus a real sacrament of the New
Covenant. The problem lies in
understanding properly that this sacramentality is not something that is
added or extrinsic to the natural essence of marriage, but that it is the
same indissoluble marriage willed by the Creator that was elevated to a
sacrament through the redeeming action of Christ, without this implying
any “de-naturalization” of the reality. By not understanding the
particular feature of this sacrament compared to the others, some
misunderstandings can arise that obscure the notion of sacramental
marriage. This is especially
important in marriage preparation: the praiseworthy efforts to prepare the
engaged to celebrate the sacrament can vanish if there is no clear
understanding of what the absolutely indissoluble marriage is which they
are about to contract.
Baptized persons do not present themselves to the Church just to
celebrate a feast with some special rites, but to contract a lifetime
marriage which is a sacrament of the New Alliance. Through this sacrament they share
in the mystery of the union of Christ and the Church, and they express
their intimate and indissoluble union.[82] VI – Christian Guidelines Basic approach to the problem: “At the beginning it was not that
way” (36) The Christian community is challenged by the phenomenon of de
facto unions. The unions
without any legal institutional bond –civil or religious—constitute an
increasingly frequent phenomenon to which the pastoral action of the
Church must pay attention.[83] Not only through reason, but also
and above all through the “splendor of truth”, which has been given to
them through faith, believers are capable of calling things by their own
name: good, good and evil, evil.
In the current context, which is highly relativist and tends to
dissolve all differences, including essential ones between marriage and de
facto unions, greater wisdom and more courageous freedom are needed to
avoid errors or compromises,
with the conviction that “the most dangerous crisis which can afflict
man…[is] the confusion between good and evil, which makes it impossible to
build up and to preserve the moral order of individuals and
communities”.[84] When carrying out a specifically
Christian reflection on the signs of the times before the apparent
obscuring in the hearts of some of our contemporaries of the profound
truth about human love, it is good to draw closer to the pure waters of
the Gospel. (37) “Some Pharisees came up to him and said, to test him, ‘May a
man divorce his wife for any reason whatever?’ He replied, ‘Have you not read
that at the beginning the Creator made them male and female, and declared,
‘For this reason a man shall leave his father and mother and cling to his
wife, and the two shall become as one’? Thus they are no longer two but
one flesh. Therefore, let no
man separate what God has joined.’. They said to him, ‘Then why did Moses
command divorce and the promulgation of a divorce decree?’ ‘Became of your stubbornness Moses
let you divorce your wives,’ he replied; ‘but at the beginning it was not
that way’” (Mt 19:3-8). These words of the Lord are well
known, like the reaction of the disciples: “If that is the case between
man and wife, it is better not to marry” (Mt 19:10). This reaction was certainly framed
in the prevailing mentality of the time, a mentality that broke with the
Creator’s original plan.[85] The concession by Moses expressed
the presence of sin which took on the form of a “duritia cordis”. Today, perhaps more than in other
eras, this obstacle of the intelligence must be taken into consideration,
the hardening of the will, the fixation of the passion, which is the
hidden root of many of the factors of fragility that influence the present
spread of de facto unions. De facto unions, factors of fragility and sacramental
grace (38) The presence of the Church and of Christian marriage over the
ages has made civil society capable of recognizing marriage in its
original condition to which Christ alludes in his response. [86] The original
condition of marriage and the difficulty of recognizing it and living it
as an intimate truth in the depths of one’s being, “propter duritiam
cordis”, always seems to be a current question. Marriage is a natural
institution whose essential characteristics can be recognized by
intelligence, over and above cultures.[87] This recognition of the truth
about marriage is also of a moral nature.[88] However, the fact cannot be
ignored that human nature, wounded by sin and redeemed by Christ, does not
always succeed in recognizing clearly the truths written by God in the
human heart. Hence Christian
witness in the world, the Church and its Magisterium have to be a living
teaching and a testimony in the world.[89] In this context it is also
important to stress in this context the real and proper need for grace so
that married life can reach its true fullness.[90] Therefore, when making a pastoral
discernment of the problem of de facto unions, it is important to consider
human fragility and the importance of a truly ecclesial experience and
catechesis which will guide toward a life of grace, prayer, the sacraments
and in particular Reconciliation. (39) Different elements must be distinguished among these factors
of fragility that give rise to de facto unions characterized by what is
called “free” love which neglects or excludes the bond characteristic of
conjugal love. Moreover, as
we said earlier, a distinction must be made between the de facto unions
into which some consider themselves compelled by difficult situations, and
the others which are sought by people who “scorn, rebel against or reject
society, the institution of the family and the social and political order,
or who are solely seeking pleasure”.[91] It is also necessary to consider
those who are driven into de facto unions “by extreme ignorance or
poverty, sometimes by a conditioning due to situations of real injustice,
or by a certain psychological immaturity that makes them uncertain or
afraid to enter into a stable and definitive union”.[92] Ethical discernment, pastoral action and Christian engagement in
political realities will thus have to take into consideration the many
real situations included under the common term “de facto unions” as we
said earlier.[93] Whatever the causes that give rise
to these unions, they entail “serious pastoral problems, because of the
grave religious and moral consequences that are derived from them (loss of
the religious meaning of marriage seen in the light of God’s Covenant with
his People, deprivation of the sacramental grace, serious scandal), as
well as social consequences (destruction of the concept of family,
lessening of the significance of fidelity, also toward society, possible
psychological traumas in the children, and the reaffirmation of
selfishness)”.[94] For this reason, the Church is
sensitive to the spread of non-matrimonial unions due to the moral and
pastoral dimensions of the problem. Witness of Christian marriage (40) The efforts to obtain legislation favorable to de facto unions
in many countries with an ancient Christian tradition are of great concern
to pastors and the faithful.
Often it might seem that one does not know what answer to give to
this phenomenon, and that the reaction is merely defensive, thus giving
the impression that the Church only wants to maintain the status quo, as if the family based
on marriage were simply the cultural model (a “traditional” model) of the
Church that it wants to keep, despite the great transformations in our
era. In this regard, the positive aspects of conjugal love must be
deepened so that it will be possible to return to inculturating the Gospel
truth in a way similar to that of the Christians during the first
centuries of our era. The
privileged subject of this new evangelization of the family are Christian
families because they, being the subjects of evangelization, are the first
evangelizers of the “Good News” of “fair love”, [95] not only through
their words, but above all through their personal witness. It is urgent to rediscover the
social value of the wonder of conjugal love because the phenomenon of de
facto unions is not on the margin of the ideological factors that obscure
it and which correspond to an erroneous conception of human sexuality and
of the man-woman relationship.
From this comes the transcendental importance of the life of grace
in Christ of Christian marriages: “The Christian family too is part of
this priestly people which is the Church. By means of the sacrament of
marriage, in which it is rooted and from which it draws its nourishment,
the Christian family is continuously vivified by the Lord Jesus and called
and engaged by him in a dialogue with God through the sacraments, through
the offering of one’s life, and through prayer. This is the priestly role which
the Christian family can and ought to exercise in intimate communion with
the whole Church, through the daily realities of married and family
life. In this way the
Christian family is called to be sanctified and to sanctify the ecclesial
community and the world”.[96] (41) The very presence of Christian married couples in many milieus
in society is a privileged way of showing contemporary people (whose
subjectivity is destroyed to a good extent, who are exhausted in a vain
search for “free” love, opposed to real conjugal love, through a multitude
of fragmented experiences) that it is really possible for human beings to
find themselves again and to help them to understand the reality of a
fully realized subjectivity in marriage in Christ the Lord. Only in this kind of “clash” with
reality can the nostalgia emerge for a homeland of which every person has
an indelible memory. To the
disillusioned men and women who ask themselves cynically, “Can anything
good come from the human heart?”, it is necessary to be able to answer
them: “Come and see our marriage, our family”. This can be a decisive departure
point, a real witness whereby the Christian community, with God’s grace,
will manifest God’s mercy toward men. It can be seen that the
substantial influence exercised by faithful Christians in many milieus is
very positive. By reason of a
conscious choice of faith and life, in the midst of their contemporaries,
they appear to be the ferment in the mass, the light in the midst of the
darkness. Pastoral attention
to their preparation for marriage and the family and follow-up in their
married and family life is of fundamental importance for the life of the
Church and the world.[97] Adequate marriage preparation (42) The Magisterium of the Church, especially since the Second
Vatican Council, has referred repeatedly to the importance and the
irreplaceability of marriage
preparation in ordinary pastoral care. This preparation cannot be reduced
to simple information about what marriage is for the Church; it has to be
a real path of personal formation based on education in the faith and
education in the virtues. The
Pontifical Council for the Family has dealt with this important aspect of
the Church’s pastoral care in the documents: Truth and Meaning of Human
Sexuality (December 8, 1995), and Preparation for the Sacrament of
Marriage (May 13, 1996). (43) “Preparation for marriage, for married and family life, is of
great importance for the good of the Church. In fact, the sacrament of Marriage
has great value for the whole Christian community and, in the first place,
for the spouses whose decision is such that it cannot be improvised or
made hastily. In the past,
this preparation could count on the support of society which recognized
the values and benefits of marriage.
Without any difficulties or doubts, the Church protected the
sanctity of marriage with the awareness that this sacrament represented an
ecclesial guarantee as the living cell of the People of God. At least in
the communities that were truly evangelized, the Church’s support was
solid, unitary and compact.
In general, separations and marriage failures were rare, and
divorce was considered a social ‘plague’ (cf. Gaudium et Spes, 47). Today, on the contrary, in many
cases, we are witnessing an accentuated deterioration of the family and a
certain corrosion of the values of marriage. In many nations, especially
economically developed ones, the number of marriages has decreased. Marriage is usually contracted at
a later age and the number of divorces and separations is increasing, even
during the first years of married life. All this inevitably leads to a
pastoral concern that comes up repeatedly: Are the persons contracting
marriage really prepared for it?
The problem of preparation for the sacrament of Marriage and the
life that follows emerges as a great pastoral need, first for the sake of
the spouses, for the whole Christian community and for society. Therefore, interest in, and
initiatives for providing adequate and timely answers to preparation for
the sacrament of Marriage are growing everywhere”.[98] (44) At present, the problem is not limited, as in other eras, to
young people being unprepared for marriage. Due in part to a pessimistic
anthropological vision that de-structures and breaks down subjectivity,
many young people even doubt that it is possible to achieve real
self-giving in marriage that will give rise to a faithful, fruitful and
indissoluble bond. In some
cases, this view results in the rejection of the institution of marriage
as an illusory reality to which only persons with very special preparation
can aspire. Hence the
importance of Christian formation in a correct and realistic idea of
freedom in relation to marriage as the ability to choose and direct
oneself toward the good of self-giving in marriage. Family catechesis (45) In this sense, preventive action through family catechesis is very
important. The witness of
Christian families is irreplaceable both with regard to their own children
and the society in which they live.
Not only pastors must defend the family; the families themselves
must demand respect for their rights and for their identity. The important place of family
catecheses today in pastoral care of the family must be emphasized. In
such catecheses, the family realities are tackled in an organic, complete
and systematic way, subjected to the criterion of faith, and clarified by
the Word of God interpreted in an ecclesial way, in fidelity to the
Magisterium of the Church, by legitimate and competent pastors who will
truly contribute, in a catechetical process, to deepening the saving truth
about man. Efforts must be
made to show the rationality and the credibility of the Gospel on marriage
and the family by re-structuring the Church’s educational system.[99] In this way, the explanation of
marriage and the family based on a correct anthropological vision will not
fail to surprise Christians themselves. They will discover that it is not
only a question of faith and will find reasons for confirming this to
themselves, acting through personal life witness, and developing a
specifically lay apostolic mission. Means of communication (46) In our times, the crisis of family values and the concept of
the family in State systems and in the means of transmitting
culture—press, television, Internet, film, etc.—require a special effort
to make family values present in
the communications media.
Consider, for example, the great influence of these media in the
loss of social sensitivity with regard to situations such as adultery,
divorce or even de facto unions, as well as the pernicious deformation in
many cases of the “values” (or rather the “non-values”) that the media
sometimes present as normal possibilities in life. Moreover, it should be kept in
mind that on some occasions, and despite the praiseworthy contribution of
committed Christians who collaborate in these media, some programs and
television series contribute to misinformation and the growth of religious
ignorance rather than to religious formation. Even if these factors are not
found among the fundamental elements that shape a culture, their influence
is not negligible among the sociological factors to be kept in mind in
pastoral care inspired by realistic criteria. Social commitment (47) For many of our contemporaries whose subjectivity has been
ideologically “demolished”, so to speak, marriage appears to be more or
less unthinkable. For these
persons, the reality of marriage has no meaning. In what way can the Church’s
pastoral care be an event of salvation for them too? In this sense, the political and legislative
commitment of Catholics who have responsibilities in this area is
decisive. Laws constitute to
a great extent the “ethos” of a people. With regard to this point, it
seems very useful to make an appeal to overcome the temptation to be
indifferent in the political-legislative area, and to stress the need for
public witness to the dignity of the person. As we said earlier, making de
facto unions equivalent to the family implies an alteration in the system
for the common good of society, and this is detrimental to the institution
of the family based on marriage.
Therefore, it is an evil for persons, families and societies. What is “politically possible” and
its evolution over time cannot be detached from the ultimate principles of
truth about the human person which must inspire attitudes, concrete
initiatives and future programs.[100] It also seems
useful to criticize the “dogma” of the inseparable connection between
democracy and ethical relativism that is at the basis of many legislative
attempts to make de facto unions equivalent to the family. (48) The problem of de facto unions constitutes a real challenge
for Christians in their ability to
demonstrate the rational aspect of the faith, the profound rationality
of the Gospel of marriage and the family. A proclamation of the Gospel
without this challenge to rationality (in the sense of an intimate
correspondence between man’s desiderium naturale and the Gospel
proclaimed by the Church) would be ineffective. For this reason, today more than
in other eras, it is necessary to make known in believable terms the inner
credibility of the truth about man which is at the basis of the
institution of conjugal love.
Different from what occurs with the other sacraments, marriage also
pertains to the economy of Creation and is inscribed in the natural
dynamics of humankind.
Secondly, a renewed reflection is also necessary on the fundamental
bases, the essential principles that inspire educational activities in the
different milieus and institutions.
What is the philosophy today of the educational institutions in the
Church, and what is the way in which these principles flow into an
appropriate education to marriage and the family as both fundamental and
necessary nuclear structures for society itself? Pastoral care and closeness (49) Understanding the existential problems and the choices of
persons living in de facto unions is legitimate and, in some cases, a
duty. Some of these
situations should even arouse real and proper compassion. Respect for the dignity of persons
is not subject to discussion.
However, understanding circumstances and respect for persons are
not equivalent to a justification.
On the contrary, in these circumstances, it is a matter of
emphasizing that truth is an essential good of persons and a factor of
authentic freedom, and that from the affirmation of truth an offense will
not result, for “it is an outstanding manifestation of charity towards
souls to omit nothing from the saving doctrine of Christ”.[101] On the other hand, “this must
always be joined with tolerance and charity. Of this, the Lord himself in
his conversation and dealings with men has left an example”.[102] Therefore, Christians must try to
understand the personal, social, cultural and ideological reasons for the
spread of de facto unions. It
must be remembered that intelligent and discreet pastoral care can, on
certain occasions, favor the “institutional” recovery of some of these
unions. The persons who find
themselves in these situations must be kept in mind in a detailed and
prudent way in the ordinary pastoral care of the ecclesial community. This care implies nearness,
attention to the related problems and difficulties, patient dialogue, and
concrete assistance, especially with regard to the children. Prevention, also in this aspect of
pastoral care, is a priority concern. Conclusion (50) Over the ages, the wisdom of peoples, albeit with limitations,
has substantially been capable of recognizing the essence and the
fundamental and irreplaceable mission of the family based on
marriage. The family is a
necessary and indispensable good for the whole of society, and it has a
real and proper right in justice to be recognized, protected and promoted
by the whole of society. It
is this whole of society that is damaged when this precious and necessary
good of humanity is wounded in any way. Before the social phenomenon of de
facto unions, and the postponing of conjugal love which this implies,
society itself cannot remain indifferent. Merely erasing the problem through
the false solution of granting them recognition and placing them on a
public level similar to, or even equivalent to families based on marriage,
is a detrimental comparison to marriage (which further damages this
natural institution, that is so necessary today, rather than providing
real family policies). Moreover, this implies a profound lack of
recognition of the anthropological truth about the human love between a
man and a woman, and its inseparable aspects of stable unity and openness
to life. This lack of
recognition is still more grave when the essential and very profound
difference is ignored between conjugal love, that comes from the
institution of marriage, and homosexual relationships. The “indifference” of public
administrations toward this aspect is very similar to a kind of apathy
with regard to the life or death of society, an indifference about its
future projection or its degradation. If suitable remedies are not
applied, this “neutrality” would lead to a serious breakdown of the social
fabric and of the pedagogy of the future generations. The under-evaluation of conjugal love and its intrinsic openness to life, with the instability of family life that this entails, is a social phenomenon that requires proper discernment by all those who feel committed to the good of the family, and in a very special way by Christians. This means first of all recognizing the real causes (ideological and economic) of the situation, and not giving in to demagogic pressures by lobbies that do not take the common good of society into consideration. The Catholic Church, in following Jesus Christ, recognizes in the family and in conjugal love a gift of communion of the merciful God with humanity, a precious treasure of holiness and grace that shines in the midst of the world. Therefore, it invites those who are fighting for the cause of man to unite their efforts in promoting the family and its intimate source of life which is the conjugal union. NOTES [1] SECOND
VATICAN COUNCIL, Constitution Gaudium et spes, No. 47. [2] SECOND
VATICAN COUNCIL, Constitution Lumen
Gentium, No. 11; Decree Apostolicam Actuositatem, No.
11. [3] Catechism of the Catholic Church,
Nos. 2331-2400, 2514-2533; Cf. PONTIFICAL COUNCIL FOR THE FAMILY, Truth and Meaning of Human
Sexuality, December 8, 1995. [4] JOHN
PAUL II, Apostolic Exhortation, Familiaris consortio, No. 80. [5] The
humanizing and pastoral activity of the Church, in her preferential choice
for the poor, has generally been directed in these countries at
“regularizing” these unions through the celebration of marriage (or
through validation or healing, according to the cases) in the ecclesial
position of a commitment to the sanctification of Christian homes. [6] Different
constructionist theories today hold different conceptions about the way in
which society—in their opinion—ought to change by adapting itself to the
different “genders” (think, for example, of education, health, etc.). Some support three genders, others
five, others seven, others a different number, according to different
considerations. [7] Both
Marxism and structuralism have contributed to a different extent to the
consolidation of this ideology of “gender” which has undergone various
influences, such as the “sexual revolution”, with postulates such as those
put forth by W. Reich (1897-1957) regarding the call to a “liberation”
from all sexual discipline, or Herbert Marcuse (1898-1979) and his
invitation to experience all kinds of sexual situations (in the sense of a
sexual polymorphism or indifferently “heterosexual” orientation – i.e.,
the natural sexual orientation—or homosexual), detached from the family
and from any natural end of differentiation between the sexes, as well as
from any obstacle derived from procreational responsibility. A certain radical and extreme
feminism, represented by the contributions of Margaret Sanger (1879-1966)
and Simone de Beauvoir (1908-1986), cannot be put on the margin of this
historical process of consolidation of an ideology. In this way, “heterosexuality” and
monogamy no longer seem to be considered anything but one of the possible
cases of sexual practice. [8] This
position has unhappily had a favorable reception in a good number of
important international institutions, with the resulting damage to the
very concept of family whose foundation is and must be marriage. Among these institutions, some
organisms of the United Nations recently seem to support some of these
theories, thereby avoiding the authentic meaning of article 16 of the 1948
Universal Declaration of Human
Rights which indicates the family as “a natural and fundamental
element of society”. Cf. PONTIFICAL COUNCIL FOR THE FAMILY, The Family and Human Rights, 1999,
No. 16. [9] Cf. ARISTOTLE, Politica I, 9-10 (Bk 1253a). [10] Catechism of the Catholic Church,
No. 2207. [11] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No. 18. [12] JOHN
PAUL II, Allocution during the General Audience of December 1, 1999. [13] SECOND
VATICAN COUNCIL, Constitution Gaudium et spes, No. 47. [14] “…beyond
different schools of thought, there exists a body of knowledge which may
be judged a kind of spiritual heritage of humanity. It is as if we had come upon an
implicit philosophy, as a result of which all feel that they possess these
principles, albeit in a general and unreflective way. Precisely because it is shared in
some measure by all, this knowledge should serve as a kind of
reference-point for the different philosophical schools. Once reason successfully intuits
and formulates the first universal principles of being and correctly draws
from them conclusions which are coherent both logically and ethically,
then it may be called right reason or, as the ancients called it,
orth(o-)s logos, recta ratio”. JOHN PAUL II, Encyclical Fides et ratio, No. 4. [15] Cf.
SECOND VATICAN COUNCIL, Constitution Dei Verbum, No. 10. [16] “The
preaching of Christ crucified and risen is the reef upon which the link
between faith and philosophy can break up, but it is also the reef beyond
which the two can set forth upon the boundless ocean of truth. Here we see
not only the border between reason and faith, but also the space where the
two may meet”. JOHN PAUL II, Encyclical Fides et ratio, No. 23. “The
Gospel of life is not for believers alone: it is for everyone. The issue of life and its defense
and promotion is not a concern of Christians alone”. JOHN PAUL II,
Encyclical Evangelium vitae,
No. 101. [17] JOHN
PAUL II, Allocution to the Forum of Catholic Associations of Italy, June
27, 1998. [18] PONTIFICAL
COUNCIL FOR THE FAMILY, Statement
on the Resolution by the European Parliament making de facto unions,
including same sex unions, equal to the family, March 17, 2000. [19] ST. AUGUSTINE, De libero arbitrio, I,5,11. [20] “Social
life and its juridical apparatus require an ultimate foundation. If there is no other law than
civil law, then we must admit that some value, including those for which
men have fought and considered crucial steps in the slow march toward
freedom, can be cancelled by a simple majority vote. Those who criticize moral law must
close their eyes before this possibility, and when they promote laws—that
go against the common good in its fundamental requirements—they must take
all the consequences of their actions into consideration because they can
drive the society in a dangerous direction”. Card. A. Sodano, Discourse
during the Second Meeting of European Politicians and Lawmakers, organized
by the Pontifical Council for the Family, Vatican City, October 22-24,
1998. [21] In
Europe, for instance, in the Constitution of Germany: “Marriage and the
family have special protection in the State system” (Art. 6); Spain: “The
public authorities assure the social, economic and juridical protection of
the family” (Art. 39); Ireland: “The State recognizes the family as the
primary and fundamental natural group of society and as a moral
institution endowed with inalienable and permanent rights that are prior
and superior to all positive law.
For this reason, the State is committed to protect the constitution
and the authority of the family as the necessary foundation of the society
and as indispensable for the well-being of the Nation and the State” (Art.
41); Italy: “The Republic recognizes the rights of the family as a natural
society based on marriage” (Art. 29); Poland: “Marriage, i.e., the union
of a man and a woman, as well as the family, fatherhood and motherhood,
must find protection and care in the Republic of Poland” (Art. 18);
Portugal: “The family, as the fundamental element of society, is entitled
to the protection of society and the State and the attainment of all the
conditions that will permit the personal realization of its members” (Art.
67). Also in Constitutions around the world: Argentina: “…the law will
decree…the integral protection of the family” (Art. 14); Brazil: “The
family, the basis of society, is the object of special protection by the
State” (Art. 226); Chile: “The family is the fundamental nucleus of
society…It is the State’s duty…to give protection to the people and to the
family…” (Art. 1); People’s Republic of China: “The State protects
marriage, the family, motherhood and children” (Art. 49); Colombia: “The
State recognizes, with no discrimination, the primacy of the inalienable
rights of the person and protects the family as the basic institution of
society” (Art. 5); South Korea: “Marriage and family life are founded on
the basis of individual dignity and equality between the sexes; the State
will use all the means at its disposal to attain this end” (Art. 36); The
Philippines: “The State recognizes the Filipino family as the foundation
of the Nation. In accord with this, it must promote intensely solidarity,
its active promotion, and its complete development. Marriage is an
inviolable social institution; it is the foundation of the family and must
be protected by the State” (Art. 15); Mexico: “…The Law…will protect the
organization and the development of the family” (Art. 4); Peru: “The
community and the State…also protect the family and promote marriage. They recognize them as the natural
and fundamental institutions of society” (Art. 4); Rwanda: “The family, as
the natural basis of the Rwandan people, will be protected by the State”
(Art. 24). [22] “Every
law made by men has reason to be law in that it is derived from natural
law. If, on the other hand,
something is opposed to natural law, then it is not law but corruption of
the law”. SAINT THOMAS AQUINAS, Summa Teologica, I-II, q. 95,
a.2. [23] JOHN
PAUL II, Discourse to the Second
Meeting of European Politicians and Lawmakers, organized by the
Pontifical Council for the Family, Vatican City, October 23, 1998. [24] JOHN
PAUL II, Encyclical Centesimus
Annus, No. 46. [25] “As
politicians and legislators faithful to the 1948 Universal Declaration of Human
Rights, we commit ourselves to promote and defend the rights of the
family founded on marriage between a man and a woman. This must be done at all levels:
local, regional, national and international. Only in this way can we be true
servants of the common good, both in the national and international
fields”. Conclusions of the Second
Meeting of European Politicians and Lawmakers, organized by the
Pontifical Council for the Family, Vatican City, October 22-24, 1998. [26] “The
family is the central nucleus of civil society. It certainly has an important
economic role, which cannot be overlooked, because it constitutes the
greatest human capital, but its mission encompasses many other tasks. It is above all a natural
community of life, a community that is based on marriage and for this
reason it has a cohesiveness that surpasses that of any other social
community”. Final Declaration of
the Third Meeting of Politicians and Lawmakers of America, Buenos
Aires, August 3-5, 1999. [27] Cf.
Charter of the Rights of the
Family, Preamble. [28] JOHN
PAUL II, Letter to Families Gratissimam sane, No. 6. [29] Cf.
Catechism of the Catholic
Church, No. 2333; JOHN PAUL II, Letter to Families Gratissimam sane, No. 8. [30] SECOND
VATICAN COUNCIL, Constitution Gaudium et spes, No. 49. [31] Cf.
Catechism of the Catholic
Church, No. 2332; JOHN PAUL II, Discourse to the Tribunal of the Roman
Rota, January 21, 1999. [32] Cf.
JOHN PAUL II, Letter to Families Gratissimam sane, No. 7-8. [33] JOHN
PAUL II, Discourse to the Tribunal of the Roman Rota, January 21,
1999. [34] Ibid. [35] Ibid. [36] Ibid. [37] “Marriage
creates the juridical framework that fosters the stability of the
family. It makes the renewal
of the generations possible.
It is not a simple contract or a private matter but rather it
constitutes one of the fundamental structures of society which it keeps
united in coherence”. Statement of the Permanent Council of the French
Bishops’ Conference, regarding the legislative bill “Civil Pact of
Solidarity”, September 17, 1998. [38] JOHN
PAUL II, Apostolic Exhortation, Familiaris consortio, No. 19. [39] JOHN
PAUL II, Discourse to the Tribunal of the Roman Rota, January 2, 1999 [40] “There
is no equivalence between the relationship of two persons of the same sex
and the relationship formed by a man and a woman. Only the latter can be described
as a couple because it implies sexual difference, the conjugal dimension,
the ability to exercise fatherhood and motherhood. Obviously, homosexuality cannot
represent this symbolic whole”. Statement by the Permanent Council of the
French Bishops’ Conference regarding the legislative bill “Civil Pact of
Solidarity”, September 17, 1998. [41] With
regard to the grave, intrinsic moral disorder, contrary to natural law, of
homosexual acts, see: Catechism of
the Catholic Church, Nos. 2357-2359; CONGREGATION FOR THE DOCTRINE OF
THE FAITH, Instruction Persona
Humana, December 29, 1975; PONTIFICAL COUNCIL FOR THE FAMILY, Truth and Meaning of Human
Sexuality, December 8, 1995, No. 104. [42] JOHN
PAUL II, Discourse to the Participants in the XIV General Assembly of the
Pontifical Council for the Family, June 4, 1999; Cf. JOHN PAUL II,
Angelus, June 19, 1994. [43] Cf.
PONTIFICAL COUNCIL FOR THE FAMILY, Statement on the Resolution by the
European Parliament making de facto unions, including same sex unions,
equal to the family, March 17, 2000 [44] “It
cannot be overlooked that, as some of its promoters acknowledge, this
legislation constitutes a first step toward, for example, the adoption of
children by persons living in a homosexual relation. We fear for the future as we
deplore what has happened”. Statement by the Chairman of the French
Bishops’ Conference after the promulgation of the “Civil Pact of
Solidarity”, October 13, 1999. [45] JOHN
PAUL II, Angelus, February 20, 1994. [46] Cf.
Note of the Permanent Commission of the Spanish Bishops’ Conference (June
24, 1994) on the occasion of the Resolution of the European Parliament of
February 8, 1994 on equal rights of homosexuals and lesbians. [47] JOHN
PAUL II, Letter to Families Gratissimam sane, No. 11. [48] Ibid., No. 14. [49] Ibid., No. 17. [50] Charter of the Rights of the
Family, Preamble, D. [51] Ibid., Preamble passim and Art. 6. [52] Ibid., Preamble B and I. [53] Ibid., Preamble C and G. [54] Cf.
JOHN PAUL II, Letter to Families Gratissimam sane, No. 9-11. [55] JOHN
PAUL II, Allocution, December 26, 1999. [56] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No. 21 and
Letter to Families Gratissimam
sane, No. 13-15. [57] Charter of the Rights of the
Family, Preamble, F; Cf. JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No. 21. [58] Cf.
JOHN PAUL II, Encyclical Evangelium
vitae, Nos. 91, 94. [59] Charter of the Rights of the
Family, Preamble, E. [60] JOHN
PAUL II, Encyclical Evangelium
vitae, No. 92. [61] Charter of the Rights of the
Family, Preamble, H-I. [62] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No.
23-24. [63] Cf.
Ibid., No. 25. [64] Cf.
Ibid., Nos. 28-35; Charter of the Rights of the
Family, Art. 3. [65] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No. 20; Charter of the Rights of the
Family, Art. 6. [66] Cf.
Charter of the Rights of the
Family, Art 2, b and c; Art. 7. [67] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No. 36-41;
Charter of the Rights of the
Family, Art. 5; JOHN PAUL II, Letter to Families Gratissimam sane, No. 16. [68] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, 42-48; Charter of the Rights of the
Family, Art. 8-12. [69] Charter of the Rights of the
Family, Art. 1, c. [70] JOHN
PAUL II, Encyclical Veritatis
Splendor, No. 4. [71] JOHN
PAUL II, Encyclical Evangelium
vitae, No. 20; Cf. Ibid.,
No. 19. [72] JOHN
PAUL II, Apostolic Exhortation, Familiaris consortio, No. 6; Cf.
Letter to Families Gratissimam
sane, No. 13. [73] Cf.
COUNCIL OF TRENT, Sessions VII and XXIV. [74] JOHN
PAUL II, Apostolic Exhortation, Familiaris consortio, No. 68. [75] Code of Canon Law, Canon 1055, §1;
Catechism of the Catholic
Church, No. 1601. [76] Cf.
SECOND VATICAN COUNCIL, Constitution Gaudium et spes, No. 48-49. [77] Cf.
JOHN PAUL II, Discourse to the Roman Rota, January 21, 2000. [78] SECOND
VATICAN COUNCIL, Constitution Gaudium et spes, No. 48. [79] Ibid. [80] Cf.
Code of Canon Law and Code of
Canons of the Eastern Churches, 1983 and 1990 respectively. [81] Cf.
SECOND VATICAN COUNCIL, Constitution Gaudium et spes, No. 49. [82] Cf.
JOHN PAUL II, Apostolic Exhortation, Familiaris consortio, No. 68. [83] Cf.
Ibid., No. 81. [84] JOHN
PAUL II, Encyclical Veritatis
Splendor, No. 93. [85] Cf.
JOHN PAUL II, Allocution during the General Audience of September 5,
1979. With this Allocution,
the Cycle of catechesis began known as the “Catechesis on Human
Love”. [86] “Christ
does not accept the discussion on the level which his speakers try to
introduce it; in a certain
sense, he does not approve the dimension they try to give to the
problem. He avoids becoming
involved in juridical-legal controversies and instead makes reference
twice to the ‘beginning’”. Ibid. [87] “It
must certainly be admitted that man always exists in a particular culture,
but it must also be admitted that man is not exhaustively defined by that
same culture. Moreover, the
very progress of cultures demonstrates that there is something in man
which transcends those cultures.
This ‘something’ is precisely human nature: this nature is itself
the measure of culture and the condition ensuring that man does not become
the prisoner of any of his cultures, but asserts his personal dignity by
living in accordance with the profound truth of his being”. JOHN PAUL II,
Encyclical Veritatis Splendor,
No. 53. [88] Natural
law “is none other than the light of the intelligence instilled in us by
God. Thanks to this, we know
what must be done and what must be avoided. God has given this light and this
law in Creation”. SAINT THOMAS AQUINAS, Summa Theologica, I-II, q. 93, a.
3, ad 2um. Cf. JOHN PAUL II, Encyclical Veritatis Splendor, No.
35-53. [89] Cf.
JOHN PAUL II, Encyclical Veritatis
Splendor, No. 62-64. [90] Through
the grace of marriage, the spouses “help one another to attain holiness in
their married life and in welcoming and educating their children”. SECOND
VATICAN COUNCIL, Lumen Gentium,
No. 11. Cf. Catechism of the
Catholic Church, Nos. 1641-1642. [91] JOHN
PAUL II, Apostolic Exhortation, Familiaris consortio, No. 81. [92] Ibid. [93] Cf.
above Nos. 4-8. [94] Ibid. [95] JOHN
PAUL II, Letter to Families Gratissimam sane, No. 20. [96] JOHN
PAUL II, Apostolic Exhortation Familiaris consortio, No. 55. [97] Cf.
Ibid., No. 66. [98] PONTIFICAL
COUNCIL FOR THE FAMILY, Preparation
for the Sacrament of Marriage, 1996, No. 1. [99] JOHN
PAUL II, Encyclical Fides et
ratio, No. 97. [100] Cf.
JOHN PAUL II, Encyclical Evangelium
vitae, No. 73. [101] PAUL
VI, Encyclical Humanae vitae,
No. 29. [102] Ibid. | |