Pope Leo XIV Warned against False Mercy in Annulments

By Bai Macfarlane

Pope Leo XIV warned against using false mercy in annulment processes, which should not be seen as a means aimed solely at freeing persons from a previous marriage bond. He gave the closing address on Friday to attendees at an international course promoted by the Tribunal of the Roman Rota, the Church’s appellate tribunal for marriage cases worldwide.  Other presenters included the Promoter of Justice for the Signatura, the Secretary of State of His Holiness, the Prefect Emeritus of the Congregation for Catholic Education, and the Dean of the Roman Rota.

The training course where Pope Leo XIV spoke was titled, “Ten Years After the Reform of the Canonical Matrimonial Process: Ecclesiological, Juridical, and Pastoral Interpretation.” He said the relationship between these three approaches—ecclesiological, juridical, and pastoral—is often forgotten, as if the “more legal approach were to the detriment of the other two,” meaning that legal rigor is wrongly perceived as harmful to ecclesial and pastoral care.

Promoting reconciliation, according to Pope Leo, is “very important,” and “efforts must be made to find agreements that, while guaranteeing justice, resolve disputes through mediation and conciliation.”  However, in the United States, virtually all dioceses require anyone questioning the validity of one’s marriage to be civilly divorced first, which further introduces more barriers to reconciliation. Dioceses do not publicize the canon law on marriage separation and civil divorce.

Pope Leo XIV said, “Any activity contrary to the service of the process of truth must certainly be deemed unjust.”  St. Augustine was quoted by the Pope, “What is compassion but a fellow-feeling for another’s misery, which prompts us to help him if we can? And this emotion is obedient to reason, when compassion is shown without violating right, as when the poor are relieved, or the penitent forgiven.” In other words, the Pope told attendees it is not compassionate to violate what is right. Tribunals practice false mercy when they declare a marriage invalid that is, in reality, valid.

In my work (Mary’s Advocates), I regularly collaborate with defendants in annulment cases, helping them uphold their rights and request that tribunals follow proper procedure. Mary’s Advocates is a non-profit organization which opposes no-fault divorce and supports those who remain faithful to their marriage after separation or divorce.

My regular readers know that Pope John Paul II, Pope Benedict XVI, and Fr. John Hardon are critical of tribunals granting annulments excessively and misapplying the psychological ground for nullity of marriage. Cardinal Raymond Burke has been both the Prefect and the Defender of the Bond at the Supreme Tribunal of the Apostolic Signatura, and he gives instructions similar to those of Pope Leo.  Cardinal Burke wrote the foreword to a book now published by Mary’s Advocates, titled “When is the Marriage Null? Guide to the Grounds of Matrimonial Nullity for Pastors, Counselors, and Lay Faithful” and he addressed the tendency of tribunal judges to compromise the truth:

Nonetheless, this past January, a highly accredited canon lawyer told me that 90% of marriages are invalid due to immaturity. In 2016, Pope Francis said that “the vast majority of marriages are invalid.”

I’ve heard reports of diocesan priests or other staff teaching that annulments are the Church’s pastoral care for those with failed marriages. I remember attending a conference for divorced Catholics where priest presented annulments as the ‘eighth sacrament,’ likening them to receiving forgiveness for a failed marriage.

I’ve seen tribunals require a petitioner only to answer a questionnaire about pre-marriage and post-marriage history, name a couple of witnesses, and sign a set of pre-printed tribunal forms.  Some tribunals define the psychological grounds for annulment so broadly that anyone could conclude their marriage is invalid.

Although petitioners receive a letter indicating the grounds under investigation, the canonical terminology used is so highly specialized that petitioners end up not truly understanding the meaning. They consequently—but incorrectly—conclude their marriage is invalid because of whom they chose as a spouse, or due to general normal immaturity.  My research shows that these events due not prove invalidity for psychological grounds.

“Every faithful person, every family, every community needs truth about their ecclesial situation,” Pope Leo said, “in order to walk in the path of faith and charity. The truth about personal and community rights is situated in this context.”

During a wedding ceremony, one makes promises to the other spouse and the community regarding each other and their children. When a marriage is valid, those obligations endure until one spouse dies.  On behalf of separated-faithful persons, we hope Pope Leo’s presentation will lead tribunals to uphold the validity of marriage more steadfastly. We want tribunals to instruct parties of their obligation to uphold their true marriage obligations: i.e. reconcile with a spouse who he/she abandoned or cease committing adultery if one is doing so. The long-term goal should be to pursue reconciliation.