In the May 27 issue of the Catholic News Herald, a commentary by Father Noah Carter explains the Church's practice of denying Holy Communion to the divorced and remarried Catholic who has not been granted an annulment.
The sacrament of matrimony is unique in that it is described not only as a "contract for mating" (cf. Webster), but as a covenant between two adults who marry their fortunes together for the whole of life. Although almost all marriage ceremonies contain the language "'til death do us part," this has special meaning in the sacrament of the Church, because there is the presence of grace given to the couple and to the entire Christian community to support and nourish this lifelong covenant.
The problem of divorce is statistically as true for Catholic couples as for the rest of our society. The divorce, of course, makes it impossible for one or both to be married again in the Church, unless the process of annulment is completed with a positive judgment.
In the case that Father Carter uses, the husband has sought an annulment, which was not granted. We are not told the reason, but it is likely that he was unable to prove through documentation and witness testimony that his previous marriage was flawed from the beginning for any number of reasons. Strangely, this situation is unique in law: the petitioner must prove his or her case beyond the shadow of a doubt – he or she becomes a "defendant" before the diocesan tribunal.
Father Carter suggests that justice demands that the couple stay together for the sake of their children, but sleep separately to avoid sexual intercourse, since the Church considers him still married to his former spouse. This situation, he tells us, is "redemptive."
As a practical matter, the Church should start listening to those voices among the faithful that call for a separation between legal marriage and sacrament.
As a spiritual matter, all pastors and ministers should take seriously what has been written and suggested by Pope Francis in this Year of Mercy, and the husband should be invited to receive the Eucharist by his pastor.
Finally, we are reminded by Pope Francis that, in Scripture, there is no distinction between God's mercy and God's justice. We recently heard proclaimed the Gospel story of the Woman Taken In Adultery. We are told that the content of what Jesus wrote in the sand was not revealed. But I submit that Jesus was writing the law that was invoked to punish the woman. The law will eventually be blown away like the sand, but God's mercy will endure.
— David Galusha lives in Waxhaw. His book "The Church at the Crossroads: Tradition and Reform" was recently published by Caritas Communications.