Intolerable Marriage Situations Revisited
![handle is hein.journals/juristcu40 and id is 147 raw text is: INTOLERABLE MARRIAGE SITUATIONS REVISITED
JAMES H. PROVOST
The Catholic University of America
It has been ten years since THE JURIST published the results of a Canon
Law Society of America [C.L.S.A.] study into immediate internal
forum solutions for deserving persons involved in canonically insoluble
marriage cases.' The ad-hoc committee recommended the Society let
the matter rest at least for the following year, and keep a close watch on
related developments. There have been a number of related developments
in the decade since that publication. It is time to review what has taken
place. Indeed, so much has taken place that this study will be limited
primarily to the canonical dimensions of this complex matter.2
I. THE C.L.S.A. REPORT
1. Background
The situation of divorced and remarried Catholics received renewed
attention in 1965 as a result of Archbishop Zoughbi's intervention
during the fourth session on the Second Vatican Council.3 He raised the
possibility of alternatives to existing practice, a practice many pastors
were finding difficult to apply in situations of a changing modern world.
'See THE JURIST 30 (1970): 1-74. The report [referred to hereafter as C.L.S.A.
Report] itself is authored by Ladislas Orsy and appears as Intolerable Marriage Situa-
tions: Conflict Between External and Internal Forum, pp. 1-14.
2For a recent bibliography see Robert T. Kennedy and John T. Finnegan, Select
Bibliography on Divorce and Remarriage in the Catholic Church Today, in Ministering
to the Divorced Catholic, ed. James J. Young (New York: Paulist Press, 1979) [hereafter,
Young], pp. 260-273. Surveys of special importance have been published by Richard A.
McCormick, Notes on Moral Theology, Theological Studies 32 (1971): 107-122, 33
(1972): 91-100, 36 (1975): 100-117; and Semus Ryan, Survey of Period icals: I ndissolubil-
ity of Marriage, The Furrow 24 (1973): 150-159, 214-224, 272-284, 365-374, 524-539.
3Acta S vnodalia Sacrosancti Concilii Oecumenici Vaticani Secundi Vol. IV, Pars
Ill (Vatican: Typis Polyglottis, 1977), pp. 45-47 (Congregatio Generalis No. 138), 47-48
(written animadversions in French), 257-258 (Congregatio Generalis No. 141). See also
the reports in Giovani Caprile, 1 Concilio Vaticano IL Vol. 5: Quarto Periodo 1965
(Rome: La Civilti Cattolica, 1969), pp. 130-131, 139-140.](ViewImageLocal?handle=hein.journals/juristcu40&div=9&collection=&method=preview&ext=.png&size=3)
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