INDISSOLUBILITY OF MARRIAGE DOES NOT LIMIT THE LIBERTY OF SPOUSES

VATICAN CITY, JAN 28, 2002 (VIS) - Following annual tradition, on the occasion of the inauguration of the judicial year, the Pope this morning received the dean, prelate auditors, officials, and lawyers of the Tribunal of the Roman Rota.

In his speech, John Paul II spoke of the indissolubility of marriage as an asset for the spouses, for the children, for the Church, and for all of mankind.

"It is important to present in a positive way the indissoluble union," the Holy Father said, "in order to rediscover the good and the beauty of it. Above all, the vision of the indissolubility of marriage as a limit to the liberty of spouses and as a burden, sometimes unbearable, must be overcome. ... To this, it can be added the idea, widespread enough, that indissoluble marriage belongs only to believers, therefore they cannot 'impose' it on the civil society as a whole."

The Holy Father stressed that the indissolubility of marriage "has an objective dimension. It is not merely a subjective fact. Consequently, the good of indissolubility is the good of marriage itself, and the incomprehension of this indissoluble nature constitutes the incomprehension of the essence of marriage."

"One must not surrender to the divorcing mentality: our trust in the natural and supernatural gifts of God to man prevents us. Pastoral activity must sustain and promote the indissolubility of marriage."

John Paul II emphasized that "Every right judgement of the validity or nullity of marriage is a contribution to the culture of indissolubility, not only within the Church but in the world. ... Against the truth of a conjugal bond it is not correct to invoke the liberty of the spouses who, by freely assuming it, committed themselves to respect the objective needs of the marriage reality, which cannot be altered by human freedom."

"It would almost seem," the Pope went on, "that divorce is so much rooted in certain circles of society, that it is not worthwhile to go on opposing it by advocating a mentality of indissolubility in both social customs and civil legislation.
Indeed it is worthwhile!".

The Holy Father then affirmed that, "The essential testimony on the value of the indissolubility is given through the matrimonial life of the spouses, in the fidelity to their bond through the joys and the tests of life. The value of indissolubility cannot be thought to be the object of a simple private choice, it concerns one of the cornerstones of the whole of society."

"To the strong opposition to all legal and administrative measures introducing divorce or that make equal to marriage defacto unions, even homosexual union, it must be coupled a principle, throughout juridical measures, favoring the improvement of the social recognition of true matrimony in the sphere of legal system which unfortunately admits divorce."

On the other hand, civil lawyers "must avoid being personally involved in what could imply a cooperation to divorce. For judges this can be difficult, because the legal systems do not recognize an objection of the conscience that can exempt them from imposing judgment. Despite serious and well-grounded reasons judges can act according to the traditional principles of the actual cooperation to the bad. But they too must find effective means to favour the marriage union, above all by an operation of reconciliation wisely led".

"Lawyers, as independent professionals", the Holy Father concluded, "must always decline to use their profession to an end contrary to justice, such as divorce. They should only collaborate to an action in this sense, when such action is, in the intention of the client, not aimed to the breaking of marriage, but to other legitimate purposes."

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