In the wake of the debate stimulated by the homily (On the Opening of the Forensic Year) of the Judicial Vicar Mgr. Arthur Said Pullicino, it is profitable to read carefully Pope John Paul II’s message to the Prelate Auditors, Officials and Advocates of the Tribunal of the Roman Rota given on January 28, 2002.

The last part of the message is particularly enlightening. Pope John Paul stated: “Among the initiatives should be those that aim at obtaining the public recognition of indissoluble marriage in the civil juridical order. Resolute opposition to any legal or administrative measures that introduce divorce or that equate de facto unions – including those between homosexuals – with marriage must be accompanied by a pro-active attitude, acting through juridical provisions that tend to improve the social recognition of true marriage in the framework of legal orders that unfortunately admit divorce. “On the other hand, professionals in the field of civil law should avoid being personally involved in anything that might imply a cooperation with divorce. For judges this may prove difficult, since the legal order does not recognise a conscientious objection to exempt them from giving sentence.

“For grave and proportionate motives they may therefore act in accord with the traditional principles of material cooperation. But they too must seek effective means to encourage marital unions, especially through a wisely handled work of reconciliation.

“Lawyers, as independent professionals, should always decline the use of their profession for an end that is contrary to justice, as is divorce. They can only cooperate in this kind of activity when, in the intention of the client, it is not directed to the break-up of the marriage, but to the securing of other legitimate effects that can only be obtained through such a judicial process in the established legal order (cf. Catechism of the Catholic Church, n. 2383). In this way, with their work of assisting and reconciling persons who are going through a marital crisis, lawyers truly serve the rights of the person and avoid becoming mere technicians at the service of any interest whatever.”

Thus, while distancing himself from any “crusading” position, Pope John Paul II invites Catholics to take a pro-active stance in favour of the indissolubility of marriage. Moreover he also envisages a “resolute opposition to any legal or administrative measures that introduce divorce.” It is clear that for Pope John Paul II these two standpoints are complementary and inevitably linked.