All paragraphs of the final document have been approved with a two-thirds vote from the Synod Fathers. Number 85 was also only just approved (178 placets, 80 non placets and there was a qualified majority quorum of 177). The text does not introduce any general rules, nor has unconditional access to the sacraments been granted but it does build on the work Wojtyla started with the “Familiaris consortio”, advocating “discernment” on a case-by-case basis
The concluding text of the Synod, approved by participating bishops makes no changes to Church doctrine and values the family and Gospel teaching, but also shows greater understanding to remarried divorcees. Two paragraphs in particular address the attitude to adopt with regard to remarried divorcees – a hotly debated and controversial issue – and also the possibility of them participating in the sacraments in certain cases and under certain conditions.
The decision to entrust communion for remarried divorcees to the “discernment” of pastors has been approved by a two-thirds majority, with only one vote beyond the necessary two thirds (178 “yes” votes against the required 177 votes for a qualified majority). These are the result of the vote on the Relatio Sinodi. There were 80 “no” votes. Three of the text’s paragraphs – numbers 84, 85 and 86 – received consensuses that were higher than the required two-thirds (177) but only by a narrow margin.
Paragraph 85 quotes the following passage of John Paul II’s “Familiaris consortio” as a “general criterion”: “Pastors must know that, for the sake of truth, they are obliged to exercise careful discernment of situations. There is in fact a difference between those who have sincerely tried to save their first marriage and have been unjustly abandoned, and those who through their own grave fault have destroyed a canonically valid marriage. Finally, there are those who have entered into a second union for the sake of the children's upbringing, and who are sometimes subjectively certain in conscience that their previous and irreparably destroyed marriage had never been valid."
On the basis of these criteria, the document approved by the Synod, states: “Priests therefore have the task of accompanying interested parties along the path of discernment, according to the teaching of the Church and the directions offered the bishop. It is useful to examine our consciences in the process, through moments of reflection and repentance. Remarried divorcees should ask themselves how they treated their children when their conjugal union entered a crisis; whether there were attempts at reconciliation; what the situation of the abandoned partner is; what consequences has it had on the rest of the family and the community of faithful; what example it offers to young people preparing for marriage.”
The text goes on to present some criteria for “discerning” different situations, in relation to the previous marriage, to the children involved and to the relationship interested parties have with the Christian community. The relationship with the confessor is also discussed: “Sincere reflection can reinforce trust in God’s mercy, which no one is denied. Furthermore, it cannot be denied that is certain circumstances, ‘imputability and responsibility for an action can be diminished or even nullified’ due to a number of factors,” the text says, quoting point number 1735 of the Catechism of the Catholic Church.
“Consequently,” the document goes on to say, “judgement of an objective situation cannot lead to a judgement on the “subjective imputability” (Pontifical Council for Legislative Texts, Declaration of 24 June 2000, 2a). In certain circumstances, people find it very difficult to act differently. Therefore, although a general rule is to be followed, it must also be recognised that responsibility for certain actions or decisions is not always the same in all situations. Pastoral discernment must address these situations bearing in mind that people’s conscience is based on the Church’s teaching. The consequences of an act are also not necessarily the same in all cases.” On the basis of traditional doctrine, the Synod Fathers recall that besides the objective situation in which remarried divorcees live, one must also take subjective situations into consideration and these could significantly reduce the level of responsibility.
In this way, paragraph 86 of the concluding document explains, “the process of accompaniment and discernment encourages faithful to take stock of their situation before God. Discussion with the priest in an internal forum, facilitates the formation of a correct judgement about what stands in the way of the possibility for full participation in the life of the Church and on the steps that can be taken to move in this direction and help it grow.” The text clarifies that this discernment, “can never overlook truth and charity, which are vital elements of the Gospel that the Church encourages. This is possible when the necessary conditions of humility, discretion, love for the Church and its teaching are guaranteed, demonstrating sincere efforts to respect God’s will and the willingness to respond to this in a better way.”
Essentially, the text the Synod Fathers delivered to the Pope, presents a path of prudent openness for the evaluation of situations on a case-by-case basis, leaving it up to him to decide and to possibly discuss this in a potential future document.
Paragraph 84, states that “Catholics who have divorced and remarried in a civil ceremony, need to be integrated into Christian communities more, in all ways possible, avoiding scandal. The logic of integration is the key to their pastoral accompaniment,” in order to help them feel that not only do they “belong” to the Church, but that their experience within it can be a joyful and fertile one. They are baptised, they are brothers and sisters, the Holy Spirit pours gifts and charisms into them for the good of everyone.” As far as the forms of participation are concerned, it is necessary “to discern which of the different forms of exclusion currently practiced” – for example the fact they cannot become godfathers or godmothers or teach the catechism or give readings in Church – can “be overcome”. Not only must remarried divorcees “not feel excommunicated, but they must live and grow as living members of the Church, feeling it as their mother that welcomes them always”. “Taking care of these people” “does not mean the faith” of the Christian community “is weakened, nor that their testimony of the indissolubility of marriage is weakened: on the contrary, the Church expresses its charity through this kind of care.”
Finally, the text also asks for “pastoral discernment” in situations to do with “access to the sacrament of baptism for people experiencing complex matrimonial circumstances,” in other words those who have entered a civil marriage and only subsequently discover the faith and ask to be baptised.
