Amoris Laetitia and Reception of Communion by Divorced and Remarried

In this post I want to consider what the exhortation Amoris Laetitia seems to suggest regarding the reception of Communion by divorced and remarried Catholics, in relation to canon law and to previous statements about it.

According to canon law, nn. 915 (which forbids admitting to Communion those who obstinately persist in manifest grave sin) & 916 (which forbids receiving Communion in a conscious state of sin), as interpreted by the pontifical council for legislative texts in its declaration concerning the admission to Holy Communion of those who are divorced and remarried, those who are divorced and remarried may receive Eucharistic Communion without separating from each other under the following conditions:

  • For serious motives they are not able to separate
  • They intend to refrain from acts proper to spouses
  • They have received the sacrament of Penance with this intention
  • They receive in such a way as to avoid scandal

If we generalize these conditions somewhat and refer them to that which gives them their moral and ecclesial significance, we can say, those who appear to be publicly persisting in sin can receive Eucharistic Communion when:

  • For serious reasons they are not able to remove that which gives the public appearance of persisting in sin
  • They intend to refrain from sin
  • They reasonably believe themselves to be in the state of grace, or at least should not reasonably conclude that they are in a state of sin (*)
  • They receive in such a way as to avoid leading other persons to disrespect of the Eucharist or of the good that seems to be contradicted by their public apparent sin

How do these conditions compare with the conditions for non-Catholics, and in particular, Orthodox oriental Christians, to receive the Eucharist from a Catholic minister? (As I pointed out five years ago in that post on the Church's declarations on the matter, this allowance of non-Catholics to receive Communion is the basis of one of the strongest arguments that the Church's current legislation on the reception of Communion by the divorced and remarried is not in its entirety a necessary consequence of the nature of Eucharist and marriage.) Canon 844 § 3 requires that:

  • The non-Catholic members of the oriental Churches ask on their own for the sacraments
  • The non-Catholic members of the oriental Churches are properly disposed.

Since these Christians are in a public state of material schism or material heresy, why doesn't canon 915 exclude them from Eucharistic Communion?

I'm not aware of any even semi-authoritative account, but suggest that the presumption is made that they are not culpable for their schism or heresy, and that this is a common and public presumption. Consequently:

  • they are not able at the time to cease from the public schism, as that would be contrary to their convictions in conscience
  • They are well-disposed, having confessed any grave sins they are aware of and intending to avoid them in the future, etc.
  • It is common knowledge that orthodox are sincerely convinced of their position rather than moved by bad-will, so their receiving communion on their own request causes no great scandal with respect to the obligation to seek and adhere to the true Church.
  • There is no general invitation made to non-Catholics to receive, so it remains clear that it is not a normal, but an exception for them to receive

Would canon 915 require excluding from Eucharistic Communion a divorced and remarried Orthodox Christian who is permitted Communion in his own Church? Or would not the common and public presumption of good-will apply to them in this matter just as much as it does in regard to their schism, so that the objective disorder, the objective sin of adultery would not be an instance of "manifest grave sin" in the sense intended by canon 915?

Are there also particular circumstances in which there can be and is a de facto, common, and reasonable presumption of good-will on the part of divorced and remarried Catholics? If so, the objective disorder and sin as such would be per se no greater grounds for exclusion from Eucharistic Communion than the objective disorder and sin of the separated Orthodox Christians is.

As I pointed out in my previous post, Pope Francis seems to deliberately avoid an express mention of Eucharistic Communion with divorced and remarried Catholics. But the tenor and trend of comments made at multiple places in the exhortation suggests, I think, this view and the corresponding pastoral practice.

What would this look like, concretely? Something along the following lines, perhaps? Everyone in a parish knows that a couple in an irregular marital-like union discussed their situation with the pastor, everyone knows that they would have talked about the Church's teaching on marriage and the Eucharist in their talks with the pastor, and everyone knows that they would not go up to receive unless after those talks with the pastor they were doing the best to follow their conscience (whether trying to abstain from sexual intercourse with each other, or whether yet unable in conscience to accept/believe that abstinence from sexual intercourse was God's will for them).

The big question is, is such a thing really possible, and is it really desirable? How is the congregation going to determine whether a given couple is only going to go up to receive if they are sincerely doing their best to follow their conscience, without classifying people into the "good, sincere and well-intentioned folks" and others who are less well-regarded by the congregation? If the congregation cannot determine that, and the pastor has to allow communion to one couple who have had talks with him (including confidential talks pertaining to the interior forum), and refuse communion to another, is that not a violation of the interior forum?

I note, however, that this big question was, in a sense, just as much a question prior to Amoris laetitia, even if it was pertinent to much fewer couples. If a divorced and remarried couple was refraining from sexual intercourse with each other, it was still the big question, how can they receive Communion in such a way as to avoid scandal?

(*) Cases could, at least, in principle occur where a divorced and remarried person is not guilty of the sin of adultery: e.g., (1) a woman with good reason divorces a husband who abuses her and their children, he goes missing in war, she remarries, he turns out to be alive again, and from the time she discovers that, she ceases marital intercourse with her new partner; or (2) a catholic turned protestant who was married in the Catholic Church is led to believe his first marriage was declared invalid by the Church, he remarries as a protestant, then later converts to Catholicism, and discovers there was no declaration of nullity by the Church)

Leave a Reply

Your email address will not be published. Required fields are marked *