THE TWELFTH SUNDAY IN ORDINARY TIME

June 22, 1997

Dear Parishioners,

In the last few months there has been considerable publicity about marriage annulments granted by the Catholic Church, most of it pretty negative. In a recent book and media tour Sheila Rausch Kennedy, who is appealing the church annulment of her twelve year marriage to Rep. Joseph Kennedy II, lambastes the annulment process as a moral corruption. In a front page article in the Sunday Examiner a Catholic layman states that "no power on earth can convince me that I was not married," so he refuses to seek an annulment of his marriage that lasted thirteen years. In an opinion piece in the Contra Costa Times a Protestant woman reports that by getting a church annulment twenty years after their marriage ended, her ex-husband "finally managed to break her heart." She concludes "where do they get off declaring that a marriage of two Lutherans in a Lutheran Church never happened?"

Personally I find these comments very understandable, but they also miss the meaning and purpose of annulments entirely. Official church language on the subject strongly contributes to the misunderstanding. Industrial strength phrases like "invalid", "not a true marriage" and "never happened" are thrown around in a kind of church-speak which canon lawyers and theologians may understand correctly but which actually constitute a misleading misuse of the English language. So I am going to try to list briefly in common sense English what I believe an annulment is and what it is not. Any canon lawyers listening in are advised to consult an English dictionary and not a canon law book if they don’t understand the following.

An annulment is not a claim that your marriage never existed. It did; it is a permanent part of your life story; it was a valid, licensed, legal marriage contract, and your children are forever both legitimate and precious. An annulment does not change that and does not claim to change that.

An annulment is a finding in the name of the Church that your marriage did not become that "sacrament", "permanent community of love", or "two in one flesh" which Church and Bible hope for and to which newlyweds pledge themselves. In my experience, divorce is usually chosen only for serious reasons and after enormous pain. Most couples would agree well before a divorce is final that there was something substantially amiss with their marriage. "Permanent community of love" would not be an accurate description of their relationship.

An annulment is not a solution to the hurt and unfairness that often accompanies divorce, nor is it meant to be a justification of irresponsible behavior in a marriage. Some report that the annulment process brings healing, peace, and much needed closure; but this is not always the case, nor is it the intended purpose of annulments.

An annulment is necessary for Catholics who have been previously married and also for non-Catholics who have been previously married before any subsequent marriage can be celebrated or blessed in the Catholic Church. Our Church recognizes and respects the marriage of two non-Catholics whether celebrated in their own church or in a civil ceremony. This recognition and respect raises the same questions about divorce and remarriage that Catholics married in a Catholic ceremony must address.

An annulment is possible only after there is clearly no hope of reconciliation. A civil divorce must be final and obligations of support be met before a petition for annulment is accepted.

An annulment is not expensive. In our Diocese, court costs come to $500. If an applicant is unable to pay, court costs are waived; if the final decision is not affirmative, payments that have been made are returned!

Approximately 50,000 annulments are granted in the U.S. each year. Oakland granted 390 in the last two years while the San Francisco Archdiocese granted 420 during the same period. The average time from first interview to decision is six to eight months.

There are problems raised by the whole annulment process, but I do not think they are the ones reported in the Examiner and Contra Costa Times articles. To my mind, those comments arise from a misunderstanding and mistaken notion of annulments. While 75% of all Church annulments are granted in the U.S., I also do not feel that the large number of U.S. annulments of themselves constitute a problem. The Church in our country is willing to spend $20 million a year on court expenses to apply the policies and procedures which the Vatican and Church law give as a right to every Catholic.

One problem raised by annulments stems from the claim of Church management and tribunals that the marriage "never existed." This use of Church-speak instead of common sense English angers good Catholics and puzzles non-Catholics. It is closer to the truth that the Church in the name of a believing community and as a concerned spokesperson for the value of permanence in marriage (as opposed to a civil court) recognizes that there was something substantially amiss, that there was no hope of reconciliation, and that people need to be freed and move on with their lives. The second and major problem raised by annulments is how to keep a delicate balance between support, forgiveness and hope for couples whose marriage have ended, and even stronger support for couples who are struggling to be faithful to their marriage and marriage vows. Pre-marital counseling, six month engagement requirements, marriage preparation weekends and courses for couples approaching marriage, and programs like Marriage Encounter and Retrovaille for couples already married are some of the ways the Church tries to keep that balance.

Your Pastor,

Brian T. Joyce