LAW IS INTRINSICALLY LINKED TO THE ESSENCE OF MARRIAGE

VATICAN CITY, 22 JAN 2011 (VIS) - This morning in the Vatican, Benedict XVI received the dean, judges, promoters of justice, defenders of the bond, officials and lawyers of the Tribunal of the Roman Rota, for the occasion of the inauguration of the judicial year.

  In his address the Holy Father examined the juridical aspect of marriage which, he said, "is inherent to the pastoral activity of preparation for and admission to marriage".

  The Pope highlighted how "there is only one marriage, which is, by its fundamental nature, a real juridical bond between a man and a woman. It is upon this bond that authentic married life and love rests. ... The juridical aspect is intrinsically linked to the essence of marriage".

  "It is in this light that the right to get married, or the 'ius connubii', should be seen", he said. "It is not some subjective pretext which must be fulfilled by pastors through a mere formal and independent recognition of the effective existence of a union. The right to contract marriage presupposes that the parties can and do intend to celebrate it properly; that is, in the truth of its essence, as taught by the Church. No-one has the right to a marriage ceremony; 'ius connubii' refers to the right to celebrate an authentic marriage".

  "It must never be forgotten that the immediate objective of preparation [for matrimony] is that of promoting the free celebration of a true marriage; in other words, creating a bond of justice and love between the spouses; a bond which possesses the characteristics of unity and indissolubility, which is ordered for the good of the spouses and the procreation and education of their children and which, among the baptised, represents one of the Sacraments of the New Covenant. This does not mean that some extrinsic ideological message is addressed to the couple, nor that a cultural model is imposed upon them. Rather, they are put in a position in which they are able to discover the truth of the natural inclinations and capacity for commitment which are inscribed in their man-woman relationship. This is the foundation of the law as an essential component of matrimonial relations: it is rooted in the natural potential of the spouses and actualised by their consensual [reciprocal] donation".

  The Holy Father then turned his attention to "the means of ascertaining whether the project of the betrothed is truly directed at marriage", foremost among them "the pre-matrimonial examination. The aim of this", he said, "is principally juridical: to ascertain that nothing stands in the way of the valid and legal celebration of the marriage. Juridical, however, does not mean formulaic, as if it were some bureaucratic routine consisting in the compilation of a form on the basis of ritual questions. Rather, it is a unique pastoral opportunity, ... as the pastor seeks to lead the parties to a serious examination of the truth about themselves and about their human and Christian vocation to marriage. In this sense dialogue, always conducted separately with each of the two fiances (though without undervaluing the importance of other interviews with them as a couple) requires a climate of complete sincerity in which emphasis should be given to the fact that the betrothed are those who are most interested, and most obliged in conscience, to celebrate a valid marriage".

  "With the various means available for careful preparation and verification, it is possible to develop effective pastoral activities aimed at avoiding the nullification of marriages. Every effort must be made, insofar as possible, to break the vicious circle which often arises between automatic admission to marriage without adequate preparation or a serious examination of the requirements laid down for its celebration, and a juridical declaration, sometimes equally automatic but of an opposing tendency, in which the marriage is considered null only on the basis of the ascertainment of its failure".

  In this context, Benedict XVI highlighted the need for the necessary training in basic aspects of canon law "for all pastoral workers, especially those who operate in the field of the pastoral care of families".

  The work of ecclesiastical tribunals must "transmit a univocal message concerning the essential aspects of marriage, in harmony with the Magisterium and with canon law, speaking with a single voice", said the Pope. Referring then to "causes concerning consensual incapacity", he pointed out that, "unfortunately, many incorrect positions still remain, such as that of identifying the discretion of judgement required for marriage with the prudence it is to be hoped people will show in deciding to wed. This confuses a question of capacity with another question which is unrelated to validity, rather it concerns the degree of practical wisdom with which a decision - but in any case an authentically matrimonial decision - was taken. And the misunderstanding would be even more serious if we were to attribute invalidating power to imprudent choices made during married life.

  "Regarding nullity through exclusion of the essential properties of marriage, there must be a serious commitment to ensure that juridical pronouncements reflect the truth of marriage, the same truth which must illuminate the moment of admission to wedded state", the Holy Father added. In this context, he made particular mention of "the exclusion of 'bonum coniugum'" which, he said, seems to involve the danger "of seeking reasons for nullity in forms of behaviour which are not related to the constitution of the conjugal tie but to its realisation in life".

  The Pope went on: "It is important to resist the temptation of transforming simple shortcomings the spouses may show during their married life into defects of consent. In fact, true exclusion only comes about when the ordering of marriage towards the good of the spouses is ... excluded by a positive act of the will".

  Finally, the Pope returned to the question of the relationship between law and pastoral care. "In all sectors", he said, "and especially in the field of marriage and the family, it is important to encourage ... profound harmony between pastoral care and the juridical sphere, which will certainly prove fruitful in the service we offer to those who are approaching marriage".
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ANGELUS: SEEKING THE FULL UNITY OF ALL CHRISTIANS

VATICAN CITY, 23 JAN 2011 (VIS) - At midday today Benedict XVI appeared at the window of his study overlooking St. Peter's Square to pray the Angelus with faithful gathered below.

  In his remarks he reflected on the Week of Prayer for Christian Unity, which takes place annually from 18 to 25 January and the theme of which this year is drawn from the Acts of the Apostles: "one in the Apostles' teaching, fellowship, breaking of bread and prayer". The Pope pointed out that "it is highly significant that this theme should have been proposed by the Churches and Christian communities of Jerusalem, meeting in ecumenical spirit. We know how many trials our brothers and sisters in the Holy Land and the Middle East have to face. Their service is ... strengthened by a witness which, in some cases, even goes so far as the sacrifice of their lives. And so, while we joyfully welcome the points for reflection suggested by the communities living in Jerusalem, we gather close around them and this becomes another factor of communion for us all.

  "Today too", he added, "in order to live in the world as a sign and instrument of intimate union with God and of unity among men, we Christians must base our lives on these four pillars: life founded on the faith of the Apostles transmitted through the living Tradition of the Church, fraternal communion, the Eucharist and prayer. Only in this way, remaining firmly united to Christ, can the Church carry out her mission effectively, despite the limits and shortcomings of her members, despite her divisions".

  The Holy Father then went on to refer to this Sunday's Gospel reading in which St. Paul, concerned about disagreements in the Christian community of Corinth, poses the question: "Has Christ been divided?" By saying this, the Pope explained, the Apostle is affirming that "any division in the Church is an offence to Christ. At the same time he is saying that it is in Christ, the one Head and Lord, that we can become united by the endless power of His grace".

  "A serious commitment to convert to Christ is the way that leads the Church - at a time that God will decide - to full visible unity. One sign of this are the ecumenical meetings taking place throughout the world over these days", he concluded.
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POPE RECEIVES EVANGELICAL LUTHERAN CHURCH OF GERMANY

VATICAN CITY, 24 JAN 2011 (VIS) - This morning in the Apostolic Palace of the Vatican, Benedict XVI received a group from the Evangelical Lutheran Church of Germany, who have come to Rome for the close of the Week of Prayer for Christian Unity.

  Addressing the group in German, the Holy Father recalled how dialogue between Catholics and Lutherans began fifty years ago and how, despite the fact that theological differences persist in certain fundamental fields, great progress has been made towards unity, and the foundations laid for a spirituality and communion experienced in the faith.

  At the present time, the Pope remarked, some people feel that the goal of full and visible unity among Christians seems to be getting further away. In this context he noted that he shared the concern of many Christians that the fruits of ecumenical efforts are not sufficiently visible. Nonetheless, he went on, ecumenical dialogue under the guidance of the Holy Spirit continues to be a fundamental instrument for overcoming obstacles, and he reaffirmed the important contribution of theological debate to help understand outstanding questions.

  Benedict XVI also spoke of the need for a shared position on questions concerning the defence and dignity of human beings, and on the great issues that regard the family, marriage and sexuality.

  Finally, he pointed out that 2017 will mark the five-hundredth anniversary of the publication of Martin Luther's 'Theses', which gave rise to the division between Catholics and Lutherans. In this context, he insisted that for both sides the commemoration should be characterised not by triumphalism but by an ecumenism which highlights the shared faith in the One and Triune God. That date will also be an opportunity to reflect on the causes of division and to undertake a purification of heart. At the same time, the Pope continued, it will be an occasion to evaluate the 1500 years that preceded the Reform, the patrimony of which is shared by both Catholics and Lutherans.

  The Holy Father concluded by calling for prayers to the Holy Spirit for help in continuing the journey towards unity, without resting on the laurels of what has already been achieved.
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TELEGRAM FOR THE DEATH OF TULLIA ZEVI

VATICAN CITY, 24 JAN 2011 (VIS) - The Holy Father, through Cardinal Secretary of State Tarcisio Bertone S.D.B., has sent a telegram of condolence to Renzo Gattegna, president of the Union of Italian Jewish Communities, for the death of Tullia Zevi, author, journalist and former president of the Union, who died on Saturday at the age of 91.

  "Having learned the news of the death of Tullia Zevi", the telegram reads, "the Supreme Pontiff spiritually participates in the mourning of her relatives and of the Jewish communities in Italy. He gives assurances of his prayers and recalls her exalted moral profile and authoritative contribution to the development of values of democracy, peace and freedom in Italian society, and to sincere and profound dialogue between Jews and Christians".
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CATHOLIC MEDIA WORKERS: LIVE IN CONFORMITY TO THE GOSPEL

VATICAN CITY, 24 JAN 2011 (VIS) - This morning in the Holy See Press Office, the Message for the forty-fifth World Day of Social Communications was presented. Its theme this year is: "Truth, Proclamation and Authenticity of Life in the Digital Age".

  Participating in today's press conference were Archbishop Claudio Maria Celli, Msgr. Paul Tighe, Msgr. Giuseppe Antonio Scotti and Angelo Scelzo, respectively president, secretary, adjunct secretary and under secretary of the Pontifical Council for Social Communications.

  Archbishop Celli affirmed that "this year's Message has its starting point in a reality that is becoming increasingly evident today: the fact that an authentic cultural transformation is taking place as new technologies alter not only the way we communicate, but communication itself".

  "The new technologies", he continued, "offer mankind great opportunities to come together, overcoming the limitations of distance and of culture of origin. They create the possibility to form new friendships, despite the inevitable risks".

  "The new relational opportunities offered by modern technology highlight how today it is possible not only to exchange information, but to share a world view, to share hopes and ideals", the archbishop said.

  "The Pope links three human aspects which are very important in modern life: digital communications, image of self and coherence of life. Communicational dynamics in the digital world create new ways to construct personal identity, and its is here that the Holy Father makes a call for coherence and authenticity".

  The Message, Archbishop Celli concluded, "speaks of a 'Christian way' of being present" in the digital world. "This is what makes the title of the Message meaningful, in the sense that the Christian testimony of Catholic professionals cannot be limited to simply dealing with religious topics, but is called to reveal itself in the form of concrete personal witness. Living a life that conforms to the Gospel is itself a form of proclamation, an explicit form of communication which makes the proclamation credible. More than ever, the requirement of making the Gospel known in all its integrity must become a distinctive sign of the digital age".
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