IV. Offenses Against the
Dignity of Marriage
Adultery
2380
Adultery refers to marital infidelity. When two partners, of whom at least one
is married to another party, have sexual relations - even transient ones - they
commit adultery. Christ condemns even adultery of mere desire.170 The
sixth commandment and the New Testament forbid adultery absolutely.171
The prophets denounce the gravity of adultery; they see it as an image of the
sin of idolatry.172
2381
Adultery is an injustice. He who commits adultery fails in his commitment. He
does injury to the sign of the covenant which the marriage bond is,
transgresses the rights of the other spouse, and undermines the institution of
marriage by breaking the contract on which it is based. He compromises the good
of human generation and the welfare of children who need their parents' stable
union.
Divorce
2382
The Lord Jesus insisted on the original intention of the Creator who willed
that marriage be indissoluble.173 He abrogates the accommodations that
had slipped into the old Law.174
Between the baptized, "a ratified and consummated marriage cannot be
dissolved by any human power or for any reason other than
death."175
2383
The separation of spouses while maintaining the marriage bond can be legitimate
in certain cases provided for by canon law.176
If civil divorce remains the only possible way of ensuring certain legal
rights, the care of the children, or the protection of inheritance, it can be
tolerated and does not constitute a moral offense.
2384
Divorce is a grave offense against the natural law. It claims to break the
contract, to which the spouses freely consented, to live with each other till
death. Divorce does injury to the covenant of salvation, of which sacramental
marriage is the sign. Contracting a new union, even if it is recognized by
civil law, adds to the gravity of the rupture: the remarried spouse is then in
a situation of public and permanent adultery:
If a husband, separated from
his wife, approaches another woman, he is an adulterer because he makes that
woman commit adultery, and the woman who lives with him is an adulteress,
because she has drawn another's husband to herself.177
2385
Divorce is immoral also because it introduces disorder into the family and into
society. This disorder brings grave harm to the deserted spouse, to children
traumatized by the separation of their parents and often torn between them, and
because of its contagious effect which makes it truly a plague on society.
2386
It can happen that one of the spouses is the innocent victim of a divorce
decreed by civil law; this spouse therefore has not contravened the moral law.
There is a considerable difference between a spouse who has sincerely tried to
be faithful to the sacrament of marriage and is unjustly abandoned, and one who
through his own grave fault destroys a canonically valid marriage.178
Other
offenses against the dignity of marriage
2387
The predicament of a man who, desiring to convert to the Gospel, is obliged to
repudiate one or more wives with whom he has shared years of conjugal life, is
understandable. However polygamy is not in accord with the moral law."
[Conjugal] communion is radically contradicted by polygamy; this, in fact,
directly negates the plan of God which was revealed from the beginning, because
it is contrary to the equal personal dignity of men and women who in matrimony
give themselves with a love that is total and therefore unique and
exclusive."179 The Christian who has previously lived in polygamy
has a grave duty in justice to honor the obligations contracted in regard to
his former wives and his children.
2388
Incest designates intimate relations between relatives or in-laws within a
degree that prohibits marriage between them.180 St. Paul stigmatizes
this especially grave offense: "It is actually reported that there is
immorality among you . . . for a man is living with his father's wife.... In
the name of the Lord Jesus ... you are to deliver this man to Satan for the
destruction of the flesh...."181 Incest corrupts family
relationships and marks a regression toward animality.
2389
Connected to incest is any sexual abuse perpetrated by adults on children or
adolescents entrusted to their care. the offense is compounded by the
scandalous harm done to the physical and moral integrity of the young, who will
remain scarred by it all their lives; and the violation of responsibility for
their upbringing.
2390
In a so-called free union, a man and a woman refuse to give juridical and
public form to a liaison involving sexual intimacy.
The expression "free union" is fallacious: what can
"union" mean when the partners make no commitment to one another,
each exhibiting a lack of trust in the other, in himself, or in the future?
The
expression covers a number of different situations: concubinage, rejection of
marriage as such, or inability to make long-term commitments.182 All
these situations offend against the dignity of marriage; they destroy the very
idea of the family; they weaken the sense of fidelity. They are contrary to the
moral law. the sexual act must take place exclusively within marriage. Outside
of marriage it always constitutes a grave sin and excludes one from sacramental
communion.
2391
Some today claim a "right to a trial marriage" where there is an
intention of getting married later. However firm the purpose of those who
engage in premature sexual relations may be, "the fact is that such
liaisons can scarcely ensure mutual sincerity and fidelity in a relationship
between a man and a woman, nor, especially, can they protect it from
inconstancy of desires or whim."183 Carnal union is morally
legitimate only when a definitive community of life between a man and woman has
been established. Human love does not tolerate "trial marriages." It
demands a total and definitive gift of persons to one another.184
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