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Divorce sin threat ‘a medieval imposition’

Interference in secular matters

Former judges and lawyers condemned the words of the Church’s Judicial Vicar, Mgr Arthur Said Pullicino, who threatened with grave sin members of the judiciary who presided over divorce cases.

Judge Philip Sciberras, who retired only this week, said the threat of sin was “a medieval imposition” and simply put a burden on members of the judiciary.

“I am a practising Catholic but I believe the state is obliged to regulate such situations by introducing laws. Members of the judiciary should not object to hear divorce cases because of some medieval imposition,” he said when contacted.

“If I were still a sitting judge I would be obliged to apply the law if divorce is legal,” Judge Sciberras insisted.

In a homily delivered during Mass marking the start of the forensic year, Mgr Said Pullicino said judges should be conscientious objectors and warned lawyers assisting people who filed for divorce of committing a grave sin.

Reacting, Judge Sciberras went as far as comparing the monsignor’s threat of sin to the political-religious battle of the 1960s. “My family supported Labour and we lived through those dark days when the Church imposed mortal sin on those who voted Labour. Shall we pass through those times again,” he asked.

The divorce debate has to be profound, he added, leading to serious legislation that regulated situations that caused a lot of hurt.

Former European Court of Human Rights judge Giovanni Bonello insisted on drawing a clear distinction between the civil aspect of marriage and its sacramental dimension.

“Mgr Said Pullicino has every right to say a judge of the civil courts has no jurisdiction on the sacrament of marriage but in our country marriage is also a civil contract. A judge in the civil courts deciding on the dissolution of marriage as a civil contract is in no way entering into religious matters. This distinction has to be made,” Judge Bonello said.

When contacted, recently-appointed Chief Justice Silvio Camilleri said he “took note” of Mgr Said Pullicino’s words but would not comment at this stage.

Mgr Said Pullicino, who heads the Church tribunals that deal with marriage annulments, also targeted lawyers in his homily, saying they would be going against God’s law if they took up the case of somebody who filed for divorce.

Speaking in his personal capacity, Chamber of Advocates president Andrew Borg Cardona hit out at the Judicial Vicar, insisting his words were “unacceptable” and constituted interference in secular matters.

Lawyers Roberta Leprè and Lorraine Schembri Orland agreed that a clear distinction had to be maintained between affairs of the state and the Church.

“While upholding Catholic principles and values, I believe that Church and state should be kept distinct. A judge is in duty bound to apply the laws of Malta and cannot deny the parties their rights under these laws,” Dr Schembri Orland said.

Defending lawyers and their choice of clients, she said it was not for them to determine who the innocent party was because both individuals suffered in such circumstances.

She also expressed concern about the impact of Mgr Said Pullicino’s statement on lawyers who practised before the Church’s tribunal. “Will there be negative repercussions if they also take up the defence in divorce litigation,” she wondered.

On the other hand, Dr Leprè said a distinction had to be made between remedies provided by the Church and those provided by the state. Divorce legislation would not oblige a Christian to abandon his faith.

“People can still seek a remedy in the Church tribunal if they feel it best suits them. There should be a choice and people should decide what is best for them according to their conscience. It is a sin not to live life fully,” Dr Leprè said taking a swipe at Mgr Said Pullicino’s “grave sin” comment.

Mgr Said Pullicino’s strong words are the first from a high-ranking Church official to target the judiciary’s moral responsibility if they were to preside over cases of divorce if this became law.

The use of the word “sin” seems to conflict with the more measured approach adopted by the bishops in the wake of another controversy sparked by another high-ranking Church official a couple of months ago. Mgr Anton Gouder, the Pro Vicar, had said it was a sin for a Catholic to vote for divorce in a referendum.

Excerpts from the homily

Christian society and God’s law
“Judges, the lawyer and other officials of the law courts who are committed Christians understand... that the administration of justice in a society that still adheres to Christian values cannot have strong foundations unless it is based on the obedience to God’s law.”

Laws against divine natural law
“An analysis of the situation in our country shows that we are influenced from what is happening abroad, primarily in Europe, where the administration of justice is faced with a situation where it has to break God’s law because the country’s laws are violating the fundamental principles of divine natural law when it deals with divorce, abortion, same-sex marriage, euthanasia... This is what happened in our society when the divorce discussion was rekindled. This is a situation that directly involves the administration of justice. This is the time when those who administer justice are obliged to make their voice heard in a clear way and invoke conscientious objection.”

Grave sin
“In front of Christ’s clear teachings on marriage, the Church need not discuss anything about divorce and its introduction. All the Church has to do is teach that whoever cooperates in any way with the introduction of divorce, who applies the law and who takes recourse to it, though not the innocent party, would be breaking God’s law and so would be committing a grave sin.”

Non-cooperation
“...Members of Parliament who profess the Christian faith and administrators of justice cannot morally cooperate with those who ask for divorce... by dissolving a valid marriage.”

Difficult decision
“...the Christian judge and lawyer have to examine their position according to a well-formed conscience, by reflecting on the word of God and the teachings of the Church, before deciding whether to cooperate with a law that goes directly against God’s law. This is not an easy situation that requires difficult decisions. But this is the difficulty of Christian life.”

More items from The Times in the News section

See Fr Joe Borg's blog Ecclesiastical form, substance and perceptions

http://www.timesofmalta.com/blogs/view/20101009/fr-joe-borg/ecclesiastical-form-substance-and-perceptions

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victor pulis

Oct 9th 2010, 16:03

Ray why do you always have to fight the divorce case by mentioning abortion? These are two totally different issues. When the time comes to discuss abortion, which doesn't seem to be in the foreseeable future then you can comment. A person can be in favour of divorce and at the same time opposes abodtion. Scare tactics whether they include sin or abortion will not work.

Anton Portelli

Oct 9th 2010, 16:18

Mr Bezzina do not mix up divorce with abortion. Divorce gives a couple the possibility of starting another family and a new happy life, while abortion is a totally different thing, the killing of an individual. Yes I would surely be reasoning in a different way.
I also agree with you that roman catholics have a right to their opinion, but they have no right to impose their opinions and the teachings of their church on others who have a different religion or who no longer believe the catholic church especially after the recent scandals that have been exposed. Don't you think that those catholic bishops or higher authorities who pushed cases of clergy paedophily under the carpets are not commiting a mortal sin - why is this not preached? Why is the church just giving apologies without definite statements like those of Mgr Said Pullicino?

Anton Portelli

Oct 9th 2010, 16:21

Fully agree with you Mr John Catania except for one thing they are taking us back to the times of the inquisition when those who did not agree with them were burned at the stake!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

David Borg

Oct 9th 2010, 14:34

I refer to Pope John Paul II's speech to the Roman Rota in 1990, quoting Pope Pius XII who said "ratified and consummated marriage is by divine law indissoluble, since it cannot be dissolved by any human authority (can. 1118); while other marriages, although intrinsically indissoluble, still do not have an absolute extrinsic indissolubility, but, under certain necessary conditions, can (it is a question, as everyone knows, of relatively rare cases) be dissolved not only by virtue of the Pauline privilege, but also by the Roman Pontiff in virtue of his ministerial power"
http://www.vatican.va/holy_father/john_paul_ii/speeches/documents/hf_jp-ii_spe_20000121_rota-romana_en.html

The marriages by non-Catholics can be dissolved only in limited circumstances in favour of the Catholic faith in case of conversion by a spouse. This is the Pauline privilege of the faith. This is not sacramental marriage (as the spouses are not baptised) and this marriage can be dissolved as faith is privileged over lack of faith. There are some non sacramental marriages that can be dissolved only by the Pope acting as the vicar of Christ. This so called Petrine privilege is similarly dissolution in favour of the faith in certain circumstances and can be applied even if one of the spouses is Catholic.

Martha Shamp

Jul 25th 2011, 22:59

Dr. Saliba, I agree.

Malta is a rare bird, a land that has Christian heritage solid as a rock. The horrors of godless society have not yet eroded its laws. Beware of evil ways from Europe and America. The media pours out proof of the awful decline of societies who scoff at God and think man's stupid ways are better. man's ways are a joke

Raymond Sammut

Oct 9th 2010, 13:36

How do you mean by "real sentiment"? Sentiment is by necessity real. If people yield to what the church authority proclaims, that yielding is in itself sentiment. There can be no reason to think that that sentiment is not real. The hard cold fact about Malta's society is that a large proportion of the population support the Church. Whether that is good or bad is irrelevant. What is relevant is that the support, and hence the sentiment, is real.

Adrian Camilleri

Oct 9th 2010, 11:38

How can 'sin' be a fact ?
Its a human construct and forms part of the attempt by a certain part of society to codify the way they view the world. The things they agree with are 'moral', the things they disagree with are 'sins'. In that respect, 'sin' is a point of view, not a fact.

J.Tonna

Oct 9th 2010, 14:04

Mr Camilleri - Those who are Catholics, or Christians know that Jesus only taught facts (i.e what displeases God) and not His opinion. The Catholic Church teaches what it has learnt from Jesus and therefore they are facts. The Church is there to teach us not to impose.

J Borg

Oct 9th 2010, 11:53

You say that God is your god, not the church and priests. Your GOD ordered and ordained the Church to spread HIS word. According to Jesus' teaching, HE is against divorce. So what is the church doing which you don't like? Or do you want the Church to teach ONLY what you want??
Dear John. Min ma jhobbx lill-kelb, MA JHOBBX lil sidu!

renzo galea

Oct 9th 2010, 14:26

church and priest are not God dear borg!!!
dont forget that priests messed up sexually little children... sided with PN in the 1960s... declaring as voting to labour would be a sin... etc
so is this our GOD???

R Saliba

Oct 9th 2010, 12:04

God forgives.

Richard Micallef

Oct 9th 2010, 13:47

Although not a labourite myself, I am now beginning to understand what it was like to be a labourite in the 60s. What next Mr. Zammit? Bring back the inquisition?

Bernard Mamo

Oct 9th 2010, 14:06

Who cares? Open your eyes! If your religion doesn't accept it then don't do it! Who are you to tell me what is right and what is wrong? I hope someday you'll need divorce yourself so you'll know what people out of love feel.

victor pulis

Oct 9th 2010, 16:10

Welcome back Joe! we were starting to miss you and your cut and pastes!

victor pulis

Oct 9th 2010, 16:13

@ Joe Zammit
"...That refers to a CONSTRAINED application for divorce. The married couple continues to consider their marriage VALID also after the divorce decree by the state. Their action for divorce is materially made, not formally, externally not internally. Besides considering their marriage still valid, they do not enter into a new relationship. "
Which means they are not really divorced but SEPARATED!

Joe Zammit

Oct 9th 2010, 12:02


Frank, divorce is evil and can never be accepted. That paragraph you quoted in no way points to the acceptance of divorce. That refers to a CONSTRAINED application for divorce. The married couple continues to consider their marriage VALID also after the divorce decree by the state. Their action for divorce is materially made, not formally, externally not internally. Besides considering their marriage still valid, they do not enter into a new relationship.

What Mgr Said Pullicino said is correct. Favouring divorce in any way is favouring the devil. Chirst does not want divorce. In 2000-year history the Catholic Church has never resorted to divorce because Christ has taught her so. Remember that only the one holy Catholic and Apostolic Church is the true Church of Christ!

P. Borg

Oct 11th 2010, 13:19

Joe vazun imkisser rari tista twahhlu ma jimpurtax x'tip ta superglue uzajt. Ma taghmilx sens li qed tghid. Ghandek il-gutz tghid dan lil mara imsawtha minn zewgha kuljum ghalxejn??? Ghandek il-gutz tghid dan lil xi hadd li kellu il-partner mar ma ragel jew mara ohra waqt iz-zwieg meta suppost twieghed fedelta fuq l-artal???

Jien ma nafx kif jahdem mohhok. Taghlaq ghajnejk ghat-tbatija ta haddiehor basta tibqa fid-dinja tal-holm. L-imhabba bhal ma tinbet tista tmut ukoll u ghal dan ghandu jkun hemm rimedju. Mhux kull zwieg jirnexxi u int persuna li trid tpoggi kundanna fuq ras min ma rnexxilux iz-zwieg. Tahseb li kieku dawn in-nies jafu li mhux se jirnexxi iz-zwieg, tahseb li ser imorru jizzewgu?? Trid tkun mignun biex taghmel hekk . Nipprova nifhmek ta imma il-kastelli fuq ir-ramel li ghandek huma hafna ghalija u ma niflahx nara fantaziji iktar. Trid iggieghel lil min hu imdejjaq jibqa imdejjaq. Fik kattoliku ukoll!!!!

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