Scandal versus Scandal, and Controversial Cardinals

I believe that, 10 or 20 years in the future, people will look back on “the Francis Effect” as they now look at “the Spirit of Vatican II.”  In the meantime, we seem to be reliving the 1960s and 70s.
Two cases in point: the upcoming Synod on the Family, which is supposed to be about determining how to more effectively articulate the Church’s teachings, but the media and some cardinals–most notably Walter Cardinal Kasper–are trying to make it about changing teaching.  Meanwhile, there are the still-unofficial rumors that Raymond Cardinal Burke will be removed from his post as Prefect of the Apostolic Signatura, in the wake of a book that Burke and other “conservatives” published that upholds the Church’s teachings against Cardinal Kasper’s “approach” to divorce.
Simultaneously, Timothy Cardinal Dolan will grand marshal the first ever New York St. Patrick’s Day Parade to include “gays” marching as homosexuals.  Dolan defends this position by appealing to the “Francis Effect,” and the idea–which he used a year ago to applaud openly homosexual football player Michael Sam for his “courage”–that the Church says it’s OK to identify with a disordered inclination so long as one doesn’t act on it.  Kevin O’Brien asks if he can start a chapter of Irish Adulterers and march in the St. Patrick’s Day parade, since–following Cardinal Dolan’s reasoning–having a disordered inclination to adultery makes one an “adulterer.”
Sadly, though, Dolan’s reasoning is not that far off from Kasper’s.  Kasper contends that we cannot know for certain if a couple who are divorced and remarried are living in a Josephite marriage.  Kasper has

accused his opponents of faulty interpretation of Scripture, saying, “We cannot simply take one phrase of the Gospel of Jesus and from that deduce everything.” That would be Luke 16:18, which quotes Jesus saying, “Every one who divorces his wife and marries another commits adultery, and he who marries a woman divorced from her husband commits adultery.”

He apparently has not read St. John Paul II’s _Theology of the Body_, since that’s exactly what John Paul does (though “induce” would probably be the more accurate verb).  Cardinal Kasper heads into dangerous ground by suggesting that those who are divorced and remarried “don’t look like they’re committing adultery,” that somehow superficial happiness and later fidelity can atone for the previous infidelity–neo-pelagianism, indeed!

So, on the one hand, we have “you can be a homosexual, and be in a ‘homosexual relationship,’ and not act on it.”  Then we have “you can be divorced and remarried and not act on it.”  Both propositions are *technically* true.

Then we have the more important question, one of the foundational questions of Christian spirituality and praxis and the juridical question of Catholic governance.  If we set aside Cardinal Kasper’s 1960s theology of “conscience,” let’s focus on the objective viewpoint.  Technically, he’s correct that people can sometimes live in Josephite marriages or similar situations.  Technically, he’s correct that we shouldn’t assume the worst of other people.  However, in practice, his views defy common sense.

Why would someone get divorced and remarried and not act on it? Even if it is possible, and people are willing to (sometimes, they are), the Church should still say, “this is what you’re supposed to do in this situation.”

This is a paradox at work in much of “pastoral” theology and canon law: two meanings of the word “scandal.”  To the world, and many members of the clergy, scandal means rumor-mongering.   If Y knows X is divorced and remarried with no annulment and Y sees X receiving Communion, it is true that Y is possibly breaking the 8th Commandment in one or more respects to be scandalized by it in the secular sense and definitely breaking the 8th Commandment to gossip about it.

However, in traditional Catholic parlance, “scandal” means behavior that encourages other people to sin.  Maybe N is thinking about divorce and follows X’s example.  Maybe B *is* divorced and remarried and thinks it’s OK.  . . .

There are other times where the Church says precisely that we shouldn’t endanger people’s souls by encouraging people to put themselves into a possible occasion of sin, or of setting a bad example.  Another topic being hotly debated in mass and social media is Pope Francis’s example of officiating a wedding of couples who have been cohabiting.  Conventionally, pastors have discouraged marriage of cohabiting couples, although canonically they cannot refuse to marry anyone.  Sacramentally, as with any sacrament, a state of grace is necessary to confer the Sacrament of Matrimony, which is why couples are expected to go to Confession before their weddings.   The reasoning behind discouraging such practices is to discourage setting a bad example.  Since our society is heavily scandalized in that regard already, and in some ways always has been, I suspect the Holy Father is right that it’s better to encourage marriage.

Nevertheless, there is that understanding that people of opposite sexes who are not related by law or biology should usually not live under the same roof because they put themselves into situations of temptation and setting a bad example.

More surprisingly, I was reading an article somewhere recently about the notion of impediments–how, just as an annulment can be granted for inability to consummate, supposedly one of the few reasons the Church will preemptively deny a request for marriage is if one of the spouses is known to be incapable of consummation.  To the question of how that’s to be known without presuming attempts at fornication, I was told that obvious cases include people who are mutilated or paralyzed.

Apparently, go figure, the reasoning is that the non-deformed partner cannot be expected to go through life with a person of the opposite sex and not act on it, that he or she cannot be expected to contract marriage and be continent!  Of course, any argument in favor of such a relationship raises complex issues about those who struggle with same sex attraction, and “what about those who become deformed after marriage” was answered with little more than “That’s complicated.”

So, we cannot expect heterosexuals to live in continence (even though it has been done), but we cannot presume those who are married are having marital relationships, and we can expect people who identify as homosexual, have homosexual “significant others,” kiss in public, and so on, to be courageously living in chastity.

On the other end of the spectrum is Cardinal Burke, who argues in favor of presuming sacramentality in the vast majority of cases.  Perhaps such a presumption is good, but there is much to be said for simplification of the annulment process.

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