Catholic marriage separation, permission and sin.

Commentary on Canon 1153+1154

Can. 1153 gives one spouse the authority to separate on own authority if there is danger in waiting for the requisite permission from the local ordinary. Permission to continue living apart must then be ecclesiastically pursued, or the prolonged de facto separation becomes the grave sin of public abandonment, no matter how privately just the cause may be. Public/canonical abandoners are not eligible for Communion.

Canon 1154 says that the parents must provide for the children and educate them in the faith. Therefore, the separating spouse may sue on own authority only for emergency child support in civil court, but never for separation. No spouse may sue for separation ("divorce") w/o first obtaining the bishop's permission - or it's public grave sin.

Description:The 3rd Council of Baltimore decree #126 states that: "We command all (i.e. baptized) married persons that they must not go to the civil courts to obtain a separation from bed and board without previously receiving permission from the ecclesiastical authority. Should anyone attempt this, let him know that he incurs the guilt of grave sin and that he is to be punished as the bishop shall decide."

This legislation remains in force per Canon 6.1n.2.

Card. Cocco & Ed Peters airbrush divine law, spread divorce heresy.

Cardinal Coccopalmerio and Ed Peters, responding to political pressure, are the first ever to publicly flip 180 degrees from centuries-old Church discipline and state that bishop's permission is not required for divorce due to the absence of government concordat. To hold such a position is heretical b/c it denies that the marriage contract (not just the bond) belongs to God. What they are both ignoring is the fact that divorce involves natural/divine law (CCC 2384).  Pope Leo XIII and Fr. John Beal explain that the marriage contract is a matter of natural/divine law. Ed Peters and Card. Cocco are saying it is not. Can. 1692 establishes that the divorce sentence (split the baby) must not be "contrary to divine law." The civil sentence is usually evil which is why a trusted source (bishop or benign state) must ensure justice beforehand. Divorce and separation are canonical issues. Personal conscience is never adequate to adjudicate one's own case and ensure equity. The Catholic divorce do-it-yourself discipline has gotten so bad in the West that Peters and Cocco's politically correct explanation/solution is gladly accepted w/o question as gospel by most. After all, who wants to be the bearer of some truthful but radically bad news? Don't ask, don't tell.

Everything's cool, your bishop has canonized No-Fault divorce.

Jennifer Roback Morse Ad Hominem?

       Dr. Jennifer Roback Morse of the Ruth Institute has requested that you ignore me - "and I do mean ignore" me.

She says I am rude. Is that really it? I am a certified nobody - why bother blogging about little old me and my bad manners?

No, I submit that it's because I persistently raise a direct question that makes Dr. Morse (and almost everybody else) politically uncomfortable.

Are all permanent separation of Catholic spouses properly by bishop's decree only?

Do all Catholic spouses require the bishop's permission to file for divorce?

The questions are one in the same, because they hinge on marriage natural law.

It is a grave offence against natural law to permanently separate unjustly (CCC 2384).

It is an axiom of law that one may not be the judge of one's own case - hence need for bishop's decree/permission.

Ed Peters effectively says no permission required b/c the conjugal life has zero to do w/ natural law. And if that does not square with you, then he offers that Pope John Paul II meant existing canon laws requiring decree/permission to be only "symbolic" - that explains why nobody follows them around here, you see? There is a reason why the status quo will not take further questions.

Dr. Morse says "I am not going to make a pronouncement on this topic, as I am not qualified to do so." One could say they are not qualified to make a pronouncement about abortion without a PhD in biology + a degree in moral theology. Why does one need to be an accomplished canonist to know marriage basics?

To not decide is to decide. In this case, that means to side with the status quo - no permission required. The American Catholic practice default is No-Fault; almost always a violation of natural law, bringing profound suffering to the innocent. The divorce/annulment culture transfers their crosses to these innocent. "Don't ask, don't tell" is the vigorously enforced canonical agnosticism in the USA. To go against this does not sit well in polite Catholic company.

Dr. Morse has made a "pronouncement," that I am rude and that I am not "helping [my] cause," but will not say whether I am right or wrong, so how could she know? Shut up, they explained..

Ad hominem says "I have no argument, so I attack you instead."

If canon law is "not for the faint of heart," than I ask Jennifer Roback Morse, PhD to Joan up, rather than try to have me shut up.

-John Farrell

Painting by Louis Boutet de Monvel in 1911 of Joan of Arc at trial before her judges titled:          "The Trial of Joan of Arc"

The status quo (Ed Peters) fights back

Recently, Ed Peters responded to a piece in 1Peter5 which exposed the don't ask, don't tell policy of the English-speaking Church when it comes to proper meaning and practice of the separation canons (1151-1155 and 1692-1696). To me, he seemed displeased with the author (Clay Rossi) for pointing out the fact that divorce lawyers cannot bank on which spouse is acting "contrary to justice," since the local Church has shirked her responsibility to adjudicate spousal separations and has instead outsourced all to the civil forum, whether the separations are in accord with divine law - or not. Or maybe it was because Rossi hit the nail on the head when he exposed what is really going on with the American hierarchy: the "tried and true avoidance mechanism of  'don’t ask, don’t tell.'" Ouch.

Ed Peters says:

"That is the precise point at issue, whether bishops have to issue such rulings in the first place!" Correct. What is the answer? It is of course "yes," permission is required. But Ed says "no," it is not required. He says that it is wrong to conclude that "these (universal permission for divorce) norms must be applicable everywhere. 

Ed Peters apparently thinks that only canon lawyers can make any conclusions about Church law regarding permission for divorce. Better leave this to the professionals..

Your average beer drinking rock-n-roll Catholic can read the commentaries on canon law by the bestand brightest. "Since divorce laws have proliferated (in the USA)..the bishop's authorization is a necessary precaution.."

Don't ask, don't tell is Ed Peters M.O. when it comes to this question. 

Why do I say this? Because the "no permission required" crowd has no argument. So far, Ed Peters has put forward that everybody is ignoring it, so that makes it OK, and that it's wrong for Americans to feel obligated to follow the law, therefore JP2 really meant that the canons must be merely "symbolic." Neither of his assertions can be defended, so his only defense is silence. The more he speaks on this topic, the more his position crumbles as he gets backed into a corner.

Here are a few questions:

1. Is the legal axiom "no one may be the judge of their own case," true?

2. Did the authors of 3rd Council of  Baltimore. #126 (permission to divorce or grave sin) mean for it to be "symbolic" as well? Has human nature or marriage changed since the council?

3. Is said legislation null and void simply because everybody ignores it?

CCC 2384 says that it is a "grave offense against natural law" for spouses to break the "contract" to live together. Not good.

4. Since No-Fault divorce is almost always a grave offense because one spouse forces an injustice on the other, shouldn't all the tribunal websites be amended to explain that actually not 100% of divorcees are eligible for Communion without a firm purpose of amendment? (return to common life or obtain separation decree from bishop)


Clay Rossi has put his finger on the elephant in the living room - marriage is a contract and a bond. The "no permission required to divorce" crowd focuses on the bond only, while confusing mere civil effects with those which flow directly from the essence of marriage. Planned Parenthood does not want to talk about the baby and Ed Peters does not want to talk about the contract, but Pope Leo XIII does. For a Catholic divorce lawyer to do things right, it must be judged by the Church which spouse is acting justly and which one is not (CCC 2386). Today we have Catholic marriage near-anarchy and plenty of decrees of nullity to bury the "problem."

-John Farrell

Ed Peters on permission to divorce: John Paul 2 must have meant canons were "symbolic."

Ed Peters currently holds the Edmund Cardinal Szoka Chair and his canonical opinions carry more weight by far than any of his peers. He is the heavyweight champion and when he speaks, he wins. He recently wrote an article here explaining why Americans do not need the local bishop's permission to divorce. He writes: "Canons 1151-1155 of the Code of Canon Law state that Roman Catholics wishing to separate (permanently) from their spouses must obtain ecclesiastical permission for the cessation of conjugal life. Canons 1692-1696 set forth the procedure for obtaining that authorization." Because he is too knowledgeable to misinterpret, he openly admits the plain meaning of the canons - that they do require the bishop's permission to divorce.

                                                              -  however  -

He concludes by saying that Americans may safely ignore these laws because John Paul II likely meant them only "symbolically." According to Ed Peters, the pope "apparently" meant them to be symbolic because nothing else makes any logical sense to Peters. This is because he incorrectly believes that the common conjugal life of spouses + children is a MERE civil effect of marriage, to be adjudicated by the state. (New Commentary of Canon Law pg 1255 refutes him).

 Just because the state can touch it, does not mean the state may touch it. The Church says "hands off" except for the mere civil legal status (Can 1059). Ed Peters, Cardinal Coccopalmerio, the US bishops and Martin Luther all tell the state "hands on." Instead, what should be happening is that only after the bishop determines that the cause is appropriate for the state enforcement, may the spouse go ahead. (can. 1692)

Pope Leo XIII in Arcanum #23 said that it is a "deception" to separate contract from bond and hand the marriage contract to the state (for divorce) and the bond to the Church (for annulment). The contract and the bond must remain together! Four years later, the 3rd Council of Baltimore #126 made accommodation for civil divorce, but only with the local bishop's permission. Those who follow Ed Peters' advice and go without bishop's permission "incur the guilt of grave sin."

 Questions for Ed Peters:

1. Did the bishop authors of 3 Balt. #126 mean for it to be "symbolic" as well? 

2. If JP II meant for canon 1692 to be symbolic, does that mean that 3 Balt #126 has only been      symbolically abrogated? (Can. 6.2 does not abrogate)

3. Is a "symbolic" canon even a thing? 

"Universal laws bind everywhere all those for whom they were issued." (Can. 12)

Regarding the separation canons which Ed Peters concludes must be "symbolic," John Paul II stated: 

 "[they are] to have the force of law for the whole Latin Church, and I entrust it to the watchful care of all those concerned, in order that it may be observed... they have juridical binding force, ... they will have the force of law beginning from the first day of Advent of this year, 1983. I therefore exhort all the faithful to observe the proposed legislation with a sincere spirit and good will in the hope that there may flower again in the Church a renewed discipline."

Can. 18 "Laws which .. contain an exception from the law are subject to strict interpretation." The separation canons contain this exception.

 Ed Peters says "some people coming across these canons understandably, but wrongly, conclude that, like most other canons in the Code, these norms must be applicable everywhere." 

They are applicable universally because unjust separation of spouses is a grave sin. CCC 2384.

Only the local ordinary is to determine just cause. It is an axiom of law that no one may judge their own case. All separations are to have a promoter of justice (can. 1696). Otherwise, the faithful are fed to the No-Fault lions. "does he dare go to law before the unrighteous..? 1 Cor 6

If US bishops started upholding canon law then the Catholic divorce culture would do a 180. Driver's obey the speed limit when police start handing out tickets. Spouses stop separating when they know they must obtain permission from their bishop - or be denied Communion. Any bishop, armed with canon law, could shut down divorce in his diocese in short order. For example, Uganda and Nigeria do not have a Catholic divorce problem because those spouses who separate without permission are denied Communion. The canons bring "law and order." Conversely, ignoring them while multiplying annulments exponentially, perpetuate the problem.

Ed Peters appears to be hoisted by his own petard. A couple of his quotes:

"Sever ‘canon law’ from ‘pastoral practice’ and lots of things make sense." (like DIY separation / divorce)

"Catholics are not free to pick and choose which aspects of Church discipline on marriage they will observe and which ones they won’t." (unless nobody in the USA is following them, then we must explain them away)

Ed Peters recently responded to Bai MacFarlane's rebuttal of his "permission to divorce" paper.  "Roman authorities will certainly reach their (conclusions) in due course." Permission has been required all along and the English-speaking world has simply ignored the law. It is standard procedure for the "annulments trump marriage" crowd to discuss the issue as little as possible and preserve the status quo while banking that Rome will eventually change the law. Ain't gonna happen because wholesale DIY unilateral separation can never square with justice. "Seek ye therefore first the kingdom of God, and his justice.."

This has a lot more to do with Church politics than it does with canon law. If Ed Peters brings the fight to Bai MacFarlane, he will lose. No wonder he does not "see much use in replying."

-John Farrell

Leila Miller/Catholic Answers get close, but don't deliver needed bullseye re divorce.

Recently, Leila Miller wrote an article for Catholic Answers: 

Eight Things You Have To Know About The Church's Teaching On Divorce

 In it, she makes many good points while trying to clear up divorce and defend marriage, but unfortunately fails because she does not recognize the elephant in the living room: Catholic unilateral No Fault divorce has illicitly replaced canonical separations in the external forum.

She says: "6. Divorce and separation are two different things

Divorce is an attempt to break the marriage bond.." 

Actually, divorce "claims to break the marriage contract..to live with each other till death." (ccc 2384) Bond and contract are connected but distinct.

The fact is, divorce and separation are one in the same for Catholics. Both have identical effects; the spouses are separated with the bond remaining. The state is real good at violating divine law and allowing the shedding innocent blood. Civil divorce is no exception when the state gets it's hands on the marriage contract, tied to natural law. The sheep are fed to the wolves.

Leila says "As Catholics, we are called to a higher standard than the secular culture.."

But your bishop is leading us with secular culture when it comes to divorce! He has effectively replaced certain canons / disciplines with No Fault divorce. This has been done mostly to invite more annulments vs. any defense of the marriage contract. 

Leila says "when the Church grants an annulment it is not "divorce, Catholic-style." 

In theory, it is not, but with "no questions asked" divorces and all but guaranteed American annulments (CSLA stats), in practice, it is Catholic divorce. If it walks like a duck..

"The one who unjustly divorces his or her spouse is guilty of a grave sin." Exactly. Per canon law, all divorces are supposed to have the innocent spouse and the guilty spouse identified. The one who refuse to cooperate/repent should be denied Communion per canon 915. "the marriage of Catholics is governed .. by canon law." Canon 1059

I invite Leila Miller / Catholic Answers to promote existing Church discipline - that the state has no business adjudicating Catholic marriage contracts and that Catholics have no authority to bring these contracts to civil court, or to permanently separate, without the local bishop's permission first. Because no spouse may judge their own case, to permanently separate/divorce on own authority is "a grave offense against the natural law." 

The Church's teaching on divorce runs counter the practice of 100% of American bishops.  Kinda hard to promote proper Catholic "external forum" and current "don't ask, don't tell" at the same time. Maybe that is why Leila Miller correctly observes "we don’t hear enough about Church teaching on divorce." To do so would beg questions and lead to exposing the living room elephant, which local authority prefers to keep hidden.

-John Farrell

Rose Sweet is dead wrong

Rose Sweet is primarily an advocate for American annulments. She openly accepts "dating" while still married to someone else:https://rosesweet.com/living-as-brother-and-sister/


When I met my husband, Bob, we had to wait for his Catholic Church annulment to go through before we could even consider or plan a marriage. We went a year or so spending time as “brother and sister.”  I was in Southern California and he was five hundred miles away in the San Francisco Bay area.  We took turns driving back and forth to be together and both of us were very physically attracted to the other.  We’d been high school sweethearts forty years prior and had met again at our reunion.  Because we’d been young and innocent together and grew up in the sixties, it was easy for us to feel somewhat like real brother and sister. Still, I remembered his kisses and those first, sweet stirrings of sexual desire from decades ago. We could not wait to make love. Even though he was still married per God.


 The Catechism of the Catholic Church says: No Dating

CCC 1646 By its very nature conjugal love requires the inviolable fidelity of the spouses. This is the consequence of the gift of themselves which they make to each other. Love seeks to be definitive; it cannot be an arrangement "until further notice." The "intimate union of marriage, as a mutual giving of two persons, and the good of the children, demand total fidelity from the spouses and require an unbreakable union between them."157

CCC 1649 Yet there are some situations in which living together becomes practically impossible for a variety of reasons. In such cases the Church permits the physical separation of the couple and their living apart. The spouses do not cease to be husband and wife before God and so are not free to contract a new union. In this difficult situation, the best solution would be, if possible, reconciliation. The Christian community is called to help these persons live out their situation in a Christian manner and in fidelity to their marriage bond which remains indissoluble.159 - can 1151-55. (We are called tell them to get separation legitimated, even if the annulment trial has begun)

She is mixed up and misleading regarding canon law. http://www.catholicsdivorce.com/Is-it-a-sin-to-divorce

Rose Sweet says: Current Canon Law (written when divorce was not so prevalent (1983 saw plenty of divorce) requires one to get the Bishop's permission before filing for civil divorce canon 1692 (in 100% of cases) if it is not an emergency situation (Cn 1153.1). Canon 1153 allows for temporary separation (not divorce) on own authority if in danger However, even bishops understand this is impractical if not impossible to implement in most places. No bishop has the authority to dispense with this canon and the vast majority of these divorces are not in accord with divine law. In my own diocese this year there are over 400 petitions for nullity; giving each party enough time and attention to hear their cause could be at least 6 hours (if not much more!), or 50+ hours per week just on hearing divorce pleas. And this is only a fraction of all divorced Catholics who don't bother with annulments. Clearly the Church needs and wants to help but she is not equipped to handle the deluge of divorce. We need a better system to handle the crisis, but that's for another post! (can't wait). The system is lawfully in place, and remains unused, while the innocent are thrown to the wolves of No-Fault and injustice rules. The local Church could certainly calm this crisis down in short order, but prefers to throw annulments at the problem. I understand that Rose has had 3 of them and may be motivated in part to ameliorate her own conscience.

If you've done everything you can, believe there is no possible solution left, and the marriage has been either unbearable, sinful, or dangerous to you or the children, then you may decide on your own authority (Canon 1153.1) to separate; after consulting with your pastor (he has zero authority regarding separation) or a wise and holy priest you have three right choices: Canons 1151-1155 must be read as a group (text and context) to provide an accurate picture.

( 1 ) Separate for peace, remaining civilly married and true to your vows—and to your spouse—until their death. This may seem impossible but it’s not. Many people have chosen this path and have full and happy lives. The suffering you endure in this choice can be lovingly offered up as a gift to God for the healing and salvation of both of you. This is the Catholic norm.

( 2 ) Separate for safety and file for civil divorce, but only after careful counsel (from whom?) and understanding you’re still married in the eyes of the Church. That means living faithfully to your marriage vows even if apart, until the death of your spouse. You must obtain permission from your bishop, or grave sin (canon 1692.) http://marysadvocates.org/research/catholic-divorce/

PS, Rose Sweet speaks in terms of "former spouse," an oxymoron like "former son or daughter." She shoves the Catholic into "Catholic divorce." I would like to communicate with her but in 2015 she asked me to stop contacting her.

Hugs,
John