Note especially two extraordinary claims:
* That what Douthat admits is a traditionalist minority deserves deference because of its energy. Apparently Douthat wants his faction to dominate the Church the way the Tea Party dominates the GOP.
* That it would be outrageous for Pope Francis to use the power of appointment to move the Church into the future in precisely the way his two predecessors used it to move the Church into the past.
Brad DeLong notes the historical falsity of the claim that the early modern church was prepared to lose England rather than compromise on the indissolubility of marriage. But it is worse than false: it is absurd. The granting of annulments to royal persons when politically convenient was no more controversial at the time than was granting dispensations from what otherwise would have been impediments to marriage (e.g., on grounds of consanguinity) for the same political reasons. When Louis VII of France decided he could no longer put up with Eleanor of Aquitaine – after 15 years of marriage, with two children – he had no problem getting their marriage annulled, to his own relief and to the delight of Eleanor and her lover Henry Plantagenet, soon to be King of England.
By Douthat’s announced standard – the Gospel teaching that a man who marries a divorced woman commits adultery – the marriage of Eleanor and Henry was adulterous, and their children therefore bastards. But of course no one would have suggested that at the time. Nor does anyone suggest that about the tens of thousands of Catholic couples each year who suddenly decide that their long-standing marriages were invalid from their inception and get a church tribunal to go along with that assertion. (In some cases, that decision is mutual, but in others it’s at the instance of one party or the other, sometimes against vigorous resistance of the other party.)
If you can read this explanation by the US Conference of Catholic Bishops without laughing out loud, your facial muscles are stronger than mine:
“Annulment” is an unfortunate word that is sometimes used to refer to a Catholic “declaration of nullity.” Actually, nothing is made null through the process. Rather, a Church tribunal (a Catholic church court) declares that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.
The document goes on to explain why the children of two people who were never married are nonetheless considered legitimate. It’s true: “With God, all things are possible.”
1. If you consider the practice of assigning children nasty labels based on the conduct of their parents outrageous, I’m with you all the way. But the Church has never repudiated the disgusting concept of bastardy, which unfortunately occurs in the Torah. It merely invents a way around it.
2. Having a somewhat game-theoretic way of looking at the world, I’m more sympathetic than most of my friends to the idea that marriage ought to be somewhat more difficult to escape from than it is, for example, in California under “no-fault divorce.” An easy out can easily lead to great injustice, usually against the woman. And there are clear advantages to both parties in being able to plan as if the marriage would outlast at least any temporary and unilateral inclination to end it.
But that analysis doesn’t answer the question how much suffering it is desirable or justified to inflict on people who made a marital mistake and on their subsequent spouses and children. Douthat’s failure to mention the human costs of the current rigid policy suggests a certain hardness of heart. Perhaps he needs to meditate on the Sermon on the Mount.