Sunday, 18 September 2016

Newsletter Extra: Amoris Laetitia - Nation Catholic Reporter Article 17th-18th September

Editorial: Guidelines point to Amoris Laetitia's intent


The discussion that has surrounded Pope Francis' apostolic exhortation on family life and marriage, Amoris Laetitia ("The Joy of Love"), has been a bit odd. Since its release in April, some corners of the Catholic community have questioned its weight, or authority, as a teaching document.

U.S. Cardinal Raymond Burke, for example, has said on several occasions that the document is "a mixture of opinion and doctrine" (a characterization never applied to Pope John Paul II's 1981 Familiaris Consortio, which was also an apostolic exhortation responding to a Synod of Bishops on the family). Such comments provoked the Vatican newspaper, L'Osservatore Romano, to run an article in August by a Spanish ecclesiologist, explaining that Amoris Laetitia is an example of the "ordinary magisterium" -- papal teaching -- to which Catholics are obliged to give "religious submission of will and intellect" (NCR, Sept. 9-22).

Discussions also have focused on what the document means, especially when addressing the thorny pastoral questions of Catholics in "irregular family situations" -- a phrase not all that pastorally sensitive in itself -- meaning Catholics who are divorced and remarried or Catholics living together outside a sacramental marriage. These issues were heavily discussed before, during and after the two Synods of Bishops that Francis convened in 2014 and 2015.

In Amoris Laetitia, Francis focuses on the importance and beauty of marriage and family life and the church's obligation to support and strengthen it. Some have taken that guidance to reinforce traditional teaching on the indissolubility of marriage. A leading advocate of this interpretation is Philadelphia Archbishop Charles Chaput, who attended the 2015 synod and chairs the U.S. bishops' ad hoc committee on implementing Amoris Laetitia.

To date, we do not know what the bishops' plans for the exhortation are, but the ad hoc committee was given a mid-September deadline for a plan of action. The administrative committee of the bishops' conference met in Washington Sept. 12-14, so we anticipate learning about the plans soon.

Chaput has issued guidelines for his archdiocese already. He is advising his priests to counsel Catholics in "irregular family situations" "to refrain from sexual intimacy" and from the sacraments. Catholics in these situations should not have any leadership role, or really much active participation, in the life of their parish, according to Chaput's guidelines.

"This is a hard teaching for many," he acknowledges, "but anything less misleads people about the nature of the Eucharist and the Church."

We would suggest that this is too narrow an interpretation of Amoris Laetitia. Theologians Todd Salzman and Michael Lawler (see next story) make a theological argument for a different understanding of Amoris Laetitia, especially in regard to conscience. Their argument deserves close study.

Meanwhile, the question of pastoral approach remains open.

Many have wondered why Francis doesn't clarify his thinking. Well, now he has, in a letter to Argentine bishops who sent their guidelines for implementing Amoris Laetitia in the Buenos Aires pastoral region to Francis, asking him for comment (see third story in this blog). The guidelines challenge priests ministering to couples in complex situations not to speak of "permission to receive the sacraments," but to invite the couple into "a process of discernment."

The goal of this journey of discernment, the guidelines say, is for the couple to be "better integrated into the life of the church: a greater presence in the community, participation in groups of prayer or reflection, commitment to various ecclesial services." That may mean sacraments, it may not, but the question is open, to be worked out by the priest and the couple.

Francis responded: "The document is very good and completely explains the meaning of Chapter 8 of Amoris Laetitia. There are no other interpretations. And I am certain that it will do much good."

The NCR editorial on Amoris Laetitia's release (see fourth story in this blog) focused on what Francis said about conscience: "We can add that individual conscience needs to be better incorporated into the Church's praxis."

We said then, "Francis is again calling for an adult church." That call is even clearer today.

That editorial also called on bishops and all church pastoral leaders to take the time to study Amoris Laetitia deeply, to consult with the laity, and implement the exhortation with boldness and fearlessness. We repeat that call again today.


In Amoris Laetitia, Francis' model of conscience empowers Catholics
By Michael G. Lawler  & Todd A. Salzman


Some have called Pope Francis' Amoris Laetitia, or "The Joy of Love," his reflection on the two recent Synods of Bishops on the family, a "love letter" to families. We believe that Francis' teaching on conscience in that letter is one of the most important teachings in the apostolic exhortation. As various church bodies announced plans about how to implement Amoris Laetitia, it is instructive to see how they will present Francis' teaching on conscience.
To spread the teaching of Amoris Laetitia though U.S. dioceses and parishes, the U.S. bishops have appointed a working group led by Philadelphia Archbishop Charles Chaput. The work of this group isn't yet public, but Chaput has issued guidelines for implementing Amoris Laetitia in his own archdiocese.

In the Philadelphia guidelines, which went into effect in July, Chaput comments on the indissolubility of marriage and admission to Communion for the divorced and remarried without an annulment. He noted that pastors have an obligation to educate the faithful, since "the subjective conscience of the individual can never be set against objective moral truth, as if conscience and truth were two competing principles for moral decision-making." The "objective truth," according to magisterial teaching, is that couples living in this situation are committing adultery and cannot receive Communion and that their subjective consciences must adhere to this truth.

Chaput's comment highlights theological debates in the Catholic tradition on the interrelationship between conscience and objective norms in moral decision-making. Some commentators on Amoris Laetitia have posited that its emphasis on conscience and inclusion of the internal forum -- which "contributes to the formation of a correct judgment [of conscience] on what hinders the possibility of a fuller participation in the life of the Church and on what steps can foster it and make it grow" -- to resolve questions of "irregular situations" in marital and other relationships have reinstituted the authority of conscience in the Catholic tradition.

Thomas Aquinas first established the authority and inviolability of conscience, which was affirmed in the Second Vatican Council's Gaudium et Spes and Dignitatis Humanae. Other commentators, like Chaput -- who does not even mention the internal forum in his archdiocesan pastoral guidelines for implementing Amoris Laetitia -- believe that subjective conscience must always submit to, and obey, the objective "truth" of magisterial teaching.

At the root of these different interpretations of the authority of conscience are distinct understandings of the interrelationship between the objective and subjective realms of morality and how they relate to conscience. Stated succinctly, is conscience subjective and internal and truth objective and external, whereby the subjective and internal conscience must obey and conform to the objective and external truth? Or does conscience include both the objective and subjective realms, whereby conscience discerns and interprets its understanding of objective truth and exercises that understanding in the subjective judgment of conscience?

'Objective' norms

Chaput's assertion on the interrelationship between the subjective conscience and objective truth reflect ongoing post-conciliar debates over the relationship between conscience and "objective" norms. German theologian Jesuit Fr. Josef Fuchs states the terms of this debate as: Does a truth exist "in itself" or "in myself"?

The first formulation sees the conscience as subjective; there is not an objective role for conscience. Objectivity is consigned to the objective norm "in itself," "external" to conscience. These objective norms exist outside the subjective conscience.

The role of the conscience is to know and apply these norms as a deductive syllogism. That is, synderesis, a property of the intellect, has an innate natural grasp of moral principles of divine law -- do good and avoid evil. These principles are formulated into objective norms, such as do not steal, do not lie, or do not receive Communion if you are divorced and remarried without an annulment.

Conscience as practical judgment knows the general principles, the objective norms that are formulated from these principles, and applies those norms in a particular situation. In this approach, conscience's freedom is relegated to obedience to external objective norms (or authority) and the dignity of conscience depends on whether or not one's judgment of conscience coincides or does not coincide with the objective norms. If it coincides with objective norms, the act is right and moral; if it does not coincide with objective norms, the act is wrong and immoral.

The second formulation sees conscience as having both the objective and subjective dimensions, what Fuchs names the subject-orientation and the object-orientation of conscience. Conscience as subject-orientation is "having inner knowledge of the moral goodness of the Christian, and as standing before God, and Christ, and in the Holy Spirit."

This is where God's voice echoes in the depths of the human heart (Gaudium et Spes, 16), "the highest norm of human life" (Dignitatis Humanae, 3), and draws a person to the absolute. There, the first principles of practical reason are self-evident in the very nature of that moral knowledge, "summoning him to love good and avoid evil" (Gaudium et Spes, 16); this is the "upright norm of one's own conscience" (Gaudium et Spes, 26).

Conscience as subject-orientation is the ontological affirmation of the intrinsic goodness of the human person created in the image and likeness of God and an invitation to enter into profound relationship with God and neighbor (Gaudium et Spes, 16).

Though conscience as subject-orientation affirms who we are, created in God's image, conscience as object-orientation "concerns the material content of the function of conscience" and indicates how we are to relate in the world. Conscience as object-orientation can "see that divine law is inscribed in the life of the earthly city" (Gaudium et Spes, 43). We respond to this world by acknowledging "the imperatives of the divine law through the mediation of conscience" (Dignitatis Humanae, 3).

Using the first principles of practical reason as a hermeneutical lens for analyzing what our relationship with the world is to be, being "guided by the objective norms of morality" (Gaudium et Spes, 16) and attending "to the sacred and certain doctrine of the Church" (Dignitatis Humanae, 14), among other sources of knowledge, conscience as objective-orientation gathers as much evidence as possible, consciously weighs and understands the evidence and its implications, and finally makes as honest a judgment as possible that this action is to be done and that action is not.

In this way, humans exercise conscience as practical judgment. Although both levels of conscience are essential, Fuchs correctly notes that the subject-orientation logically precedes the object-orientation.

In Fuchs' formulation, there is a much more complex relationship between the object-orientation of conscience and the objective norm. Since conscience can err from invincible ignorance and not lose its dignity according to Aquinas and Gaudium et Spes (16), the emphasis in Aquinas, Gaudium et Spes and Dignitatis Humanae is on the authority and dignity of conscience, not on the authority and dignity of the norm. Objective norms exist externally and are formulated and justified on the basis of the four sources of moral knowledge: Scripture, tradition, reason and experience.

These norms, however, offer nothing more than assistance -- real assistance, but nonetheless merely assistance -- in the assessment of morally correct decisions made in the conscience. External, objective norms must always go through the object-orientation of conscience where the process of understanding, judgment, decision and action take place. The object-orientation, assisted by the known principles of the subject-orientation of conscience, function as the hermeneutical lens to select, interpret and apply the appropriate objective norm in a given situation. The norms maintain their objectivity, but so too does the objectivity of the conscience.

In this formulation, truth exists "in myself," not in a relativist sense that denies objective and universal truth, but in the sense of the intrinsic human dignity of the person and the authority of conscience. Conscience must internalize the values reflected in the norm, see their relevance to the human person in all her particularity, and go through the process of understanding, judgment, decision and action.

The essential point for conscience as object-orientation is the relevance of the objective norm from the perspective of the inquiring subject in light of the understanding of all the circumstances in a particular historical cultural context. The implications of this perspective on the relationship between conscience as object-orientation and objective norms is that conscience should be guided by those norms but the authority of conscience is not identified with whether or not it obeys the objective norm. Otherwise, Dignitatis Humanae could not advocate for religious freedom, where "every man has the duty, and therefore the right, to seek the truth in matters religious in order that he may with prudence form for himself right and true [objective] judgments of conscience, under use of all suitable means."

If mere obedience to objective norms was the sole role of conscience, then conscience that leads people to follow religious traditions other than the Roman Catholic church could never be tolerated. That religious pluralism is recognized and affirmed in Dignitatis Humanae shifts authority from the objective norm to conscience as object-orientation, informed by objective norms, where the hermeneutical lens of the conscience as subject-orientation facilitates the process of understanding, judgment and decision of conscience.

Two models

Robert Smith makes a distinction between what he calls a "man-in-relationship-to-law" model of conscience and a "restless-heart-toward-God" model. He offers as exemplars of these two models Germain Grisez (and, we add, Chaput) and Bernhard Häring respectively.

Grisez holds that the only way to form one's conscience is to conform it to the teaching of the church. Ultimately, though Grisez waxes about human freedom, conscience is about obedience to church teaching and its objective norms.

Pope John Paul II's apostolic exhortation Familiaris Consortio follows this same model, being wholly rooted in both the truth of sexuality and marriage as taught by the church and the obligation of the laity to obey that truth. Almost nowhere in the document does the church's teaching on the inviolable primacy of individual conscience, even in sexual matters, appear. Such an absence unjustly ignores the long-standing Catholic tradition fundamentally strengthened at the Second Vatican Council.

Häring has a diametrically opposed stance. In the context of his overall approach to moral theology, namely, God's call to all women and men and each person's response of a moral life, conscience must be free and inviolable, and "the church must affirm the freedom of conscience itself." Church doctrine is at the service of women and men in their sincere conscience search for goodness, truth and Christian wholeness; conscience is not at the service of doctrine.

Pope Francis puts the same judgment even more forcefully in Amoris Laetitia: The Church is called, he writes, "to form consciences, not to replace them."

Francis on conscience

In Evangelii Gaudium and Amoris Laetitia, Francis brings to the fore again the Catholic doctrine on the authority and inviolability of personal conscience, especially as it relates to "irregular situations." Although Francis clearly rejects relativism and affirms objective norms (Evangelii Gaudium, 64), he warns that "realities are more important than ideas."

There has to be an ongoing dialectic between reality and ideas, "lest ideas become detached from realities … objectives more ideal than real … ethical systems bereft of kindness, intellectual discourse bereft of wisdom" (Evangelii Gaudium, 231).

Sociological surveys repeatedly affirm the vast disconnect between the objective norms of the magisterium on sexual ethics -- the absolute norms that prohibit artificial contraception, homosexual acts, and Communion for the divorced and remarried without annulment, for example -- and the perspectives of the Catholic faithful. According to these surveys, the majority of educated Catholics judge these norms are detached from reality, and Catholics are following their consciences to make practical judgments on these and other moral matters.

Francis calls for "harmonious objectivity" where ideas "are at the service of communication, understanding, and praxis" (Evangelii Gaudium, 232). Such objectivity can be found in the conscience, even in the consciences of atheists.

In his exchange with an Italian journalist on the issue of atheists, Francis commented, "The question for those who do not believe in God is to abide by their own conscience. There is sin, also for those who have no faith, in going against one's conscience. Listening to it and abiding by it means making up one's mind about what is good and evil."

The "making up one's mind" is, we maintain, not an endorsement of relativism, which Francis clearly rejects, but an affirmation of objective truth that recognizes plural and partial truths that must be discerned by conscience informed by, among other sources, external, objective norms. Francis' June 2013 statement on conscience seems to affirm our assessment:

So we also [like Jesus] must learn to listen more to our conscience. Be careful, however: this does not mean we ought to follow our ego, do whatever interests us, whatever suits us, whatever pleases us. That is not conscience. Conscience is the interior space in which we can listen to and hear the truth, the good, the voice of God. It is the inner place of our relationship with him, who speaks to our heart and helps us to discern, to understand the path we ought to take, and once the decision is made, to move forward, to remain faithful.
This statement reflects a very different model of conscience than that of Francis' two predecessors. Francis' model is much more in line with Häring's "restless-heart-toward-God" model than Grisez's (and Chaput's) "man-in-relationship-to-law" model and strikes us as more faithful to the long-established Catholic tradition and its teaching on the inviolability of conscience.

In Amoris Laetitia, Francis brings squarely to the moral forefront again the ancient Catholic teaching on the authority and inviolability of personal conscience. Indeed, his teaching there on conscience is, in our opinion, one of the most important teachings in the exhortation. He judges that "individual conscience needs to be better incorporated into the church's praxis in certain situations which do not objectively embody our understanding of marriage" (Amoris Laetitia, 303).

He quotes Aquinas frequently throughout the document and especially his teaching that the more we descend into the details of irregular situations, the more general principles will be found to fail (Amoris Laetitia, 304). As the popular saying goes, the devil is in the details.

There is an "immense variety of concrete situations" and situations can be so vastly different that his document, the pope confesses, cannot "provide a new set of rules, canonical in nature and applicable to all cases" (Amoris Laetitia, 300). The only moral solution to any and every situation is a path of careful discernment accompanied by a priest and a final judgment of personal conscience that commands us to do this or not to do that (Amoris Laetitia, 300-305). Only such an informed conscience can make a moral judgment about the details of any and every particular situation.

This model of conscience, affirmed by tradition and Amoris Laetitia, provides a faithful and merciful guide for couples who are in irregular situations and empowers them to follow their inviolable conscience on this important issue, despite Chaput's statements to the contrary.

[Todd A. Salzman is a professor of theology at Creighton University. Michael G. Lawler is the emeritus Amelia and Emil Graff Professor of Catholic Theology at Creighton. They are the co-authors of The Sexual Person (Georgetown University Press).]

Pope praises Argentine bishops' guidelines on helping divorced, remarried couples


By Cindy Wooden, Catholic News Service September 12, 2016

Pope Francis thanked a group of bishops in Argentina for providing their priests with concrete guidelines for implementing the section of his apostolic exhortation on the family about circumstances in which divorced and civilly remarried couples might eventually be allowed to receive Communion.
The Vatican newspaper L'Osservatore Romano published an article Sept. 12 confirming Pope Francis wrote to the bishops of the Buenos Aires pastoral region thanking them for their document on criteria for applying what the pope wrote in Chapter VIII of Amoris Laetitia ("The Joy of Love").

The chapter, titled "Accompanying, discerning and integrating weakness," is focused on the pastoral care of couples who are living together without being married or who have divorced and remarried without getting an annulment.

In offering their priests guidance for applying the teaching in the pope's document to the situation of couples in their care, the bishops insisted it is not proper to speak of "permission to receive the sacraments" when it is, in fact, an invitation to "a process of discernment accompanied by a priest."

The process of discernment -- of looking at actions and failures that contributed to the breakup of their sacramental marriage, their current family responsibilities and their resolve to life the Christian life more fully -- may not necessarily end with the reception of the sacraments, the bishops said. It may be more appropriate to help them become more involved in parish activities, participate in prayer groups and engage in Christian acts of charity.

"When the couple's concrete circumstances make it possible, especially when both are Christians with a journey of faith, one can propose a commitment to living in continence," the bishops said. Abstaining from sexual relations will not be easy, but it would allow the couple to receive Communion, they said.

In other cases, the bishops said, when abstaining from relations could harm the new union and the children who are part of the new family, further discernment is necessary. It could be that there are factors that limit the responsibility or culpability of the divorced spouse, they said, and in those cases "'Amoris Laetitia' opens the possibility of access to the sacraments of reconciliation and the Eucharist."

In those circumstance, the bishops said, priests must take care not to give scandal to their congregations, something which could be done by ensuring the couple receive in "a reserved way," somewhat privately, although parish congregations also should be helped to "grow in a spirit of understanding and welcome."

The pope's letter to the bishops said they accurately explained what Amoris Laetitia taught and captured its full meaning. "There are no other interpretations," he said.


Editorial: Take Amoris Laetitia's challenge seriously


Editor's note: We are re-promoting this earlier editorial, in light of the news that San Diego Bishop Robert McElroy announced May 11 that he will convene a diocesan synod in October focused on marriage and family life.?

Amoris Laetitia is a profound reflection on the reality of family life in contemporary society, and Pope Francis has said the community should read the apostolic exhortation slowly and deliberately. That deliberation will play out in these pages over the next several weeks, so for now we offer reflections on two points that are particularly noteworthy.

First, we should note that Amoris Laetitia offers few concrete solutions to questions that challenge today's families. In fact, it warns against accepting easily obtained answers. Instead, Amoris Laetitia boldly challenges bishops, pastors, theologians and lay leaders to seek answers together and among themselves in sincere dialogue.

In this, the apostolic exhortation echoes Francis' opening statement for the 2014 Synod of Bishops on the family; Amoris Laetitia is a challenge to parrhesia: bold, fearless dialogue about the family.

We urge all leaders in the Catholic church to take this challenge seriously.

With a few exceptions, the U.S. bishops -- and no doubt bishops in other countries -- missed the opportunity to fully engage all Catholics in their dioceses in the lead up to the two Synods of Bishops on the family.

Tools and encouragement were provided, and NCR reporting recorded great enthusiasm throughout the Catholic community to discuss the issues that impact family life. We recognized, at that time, an opportunity to set the larger community on fire. Too few dioceses tapped into this enthusiasm.

With Amoris Laetitia, Francis has given the Catholic community a second chance. At a press conference April 8 introducing the apostolic exhortation, Chicago Archbishop Blase Cupich said that the document "should spark our imagination" and asked where that might lead: "Do we need to form teams that are going to help pastors reach out to people? Do we need to look for ways to enhance our marriage preparation program? Is there a program we can put together for families who welcome that first child into the world?"

We would answer Cupich with a resounding "Yes!" to these questions.

The imaginations of Catholics have already been sparked, and with Amoris Laetitia, Francis is fanning that ember. We urge bishops and diocesan leaders not to lose this opportunity: Go out to the parishes and deaneries and consult widely.

Because it is so accessible, Amoris Laetitia is the perfect tool to guide these local consultations. Amoris Laetitia calls for local communities to seek pastoral programs appropriate to local churches and cultures. These consultations can become the seedbeds of the parrhesia that Francis is calling for. From these could spring the spirit of a new evangelization.

At the same time, we urge Catholic laity and others to have patience with their bishops and diocesan leaders. They need time to study Amoris Laetitia fully and deeply; give them that time.

Amoris Laetitia brings out of the shadows a language and style, a pastoral theology, that has been much maligned in recent decades. Many in diocesan leadership will need to be reacquainted with this approach. If they are not convinced and conversant in this language and approach, then any consultations they call won't be worthy of the name, and we risk never bridging the divide between teachings and practice on issues like artificial contraception and "irregular" (to use the Vatican word) relationships.

We have to give our leadership the time to get Amoris Laetitia right so that its importance isn't dismissed. That leads to our next point.

After Amoris Laetitia, anyone who continues to insist that Francis is not bringing change to the Catholic church either misunderstands the deeper message of this apostolic exhortation -- and the Francis pontificate -- or is deliberately trying to mislead people.

Those who have opposed Francis' reforms were immediately ready to discredit the apostolic exhortation. U.S. Cardinal Raymond Burke wrote that Amoris Laetitia "is not an act of the magisterium." It is, Burke says, a "personal, that is, non-magisterial ... document," a "reflection of the Holy Father."

One wonders if Burke says the same of Pope John Paul II's 1981 apostolic exhortation on the family, Familiaris Consortio, which was cited during the 2014 and 2015 Synods of Bishops as a kind of gold standard for church thinking on the family.

Other bishops pointed out in their statements about Amoris Laetitia that the document, in the words of Cardinal Donald Wuerl of Washington, who attended the synods in 2014 and 2015, "reflects the consensus of those meetings and many voices," and it is, according to Cupich, who was appointed to the 2015 synod by Francis, "an authoritative teaching document" that was faithful to what the bishops had approved with a two-thirds majority vote.

Let's be clear. Amoris Laetitia will disappoint some, perhaps many, Catholics. It is tentative at best for Catholics who have divorced and remarried. It disrespects the family lives that our LGBT brothers and sisters have created despite the opposition of many in our society and our church.

We'd invite those who hoped for more not to become discouraged, because if Amoris Laetitia isn't strictly revolutionary, it is certainly evolutionary. It does prod this pilgrim church, which has been sitting in wayside for 35 years, forward.

With Amoris Laetitia, Francis continues to shift the structure of authority in the church. His repeated message is: Don't look to Rome and rule books for all the answers. ("Not all discussions of doctrinal, moral or pastoral issues need to be settled by interventions of the magisterium.") Find answers that fit your tradition and your local situation. ("Each country or region, moreover, can seek solutions better suited to its culture and sensitive to its traditions and local needs.") Trust yourselves. ("The Spirit guides us towards the entire truth.") Francis is again calling for an adult church.

This is most clear in Francis' writing on conscience: "We can add that individual conscience needs to be better incorporated into the Church's praxis"; "We also find it hard to make room for the consciences of the faithful, who ... are capable of carrying out their own discernment in complex situations"; and "We have been called to form consciences, not to replace them."


Francis, always the teacher, uses Amoris Laetitia to reflect on family life, but he also uses this apostolic exhortation to model how he wants the church to operate. Francis offers the Catholic community two challenges: To live as a community with parrhesia, speaking and listening to one another with courage and humility, and then to translate the openness of papal actions and documents into pastoral discourse and compassionate action in the parishes.

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