Twice in one day, Pope Leo has clarified Pope Francis. The first was in a very formal way with a Motu Proprio which I describe in the post below.
The second is the talk I reproduce about annulments of marriages.
One can see in this talk given by Pope Leo that His Holiness’ forte is Canon Law. And Canon Lawyers desire clarity in law but also in Church teachings, on justice and mercy and on doctrine and the Church’s hierarchical nature.
Here’s his talk and I highlight in red what is so sorely needed and clarified by Pope Leo:
This morning, in the Vatican Apostolic Palace, the Holy Father Leo XIV received in audience the participants in the juridical-pastoral formation course of the Roman Rota.
The following is the Pope’s address to those present:
Address of the Holy Father
In the name of the Father, of the Son, and of the Holy Spirit.
Peace be with you!
Good morning, buenos días, buongiorno! Welcome to you all!
I warmly greet every one of you. I thank the Dean of the Roman Rota and those who have collaborated for these days of study and reflection, which are intended to promote a sound legal culture in the Church. I rejoice at your numerous and distinguished presence, as a generous response to the call that every good practitioner of Church law feels for the good of souls.
The theme that guides us today is the tenth anniversary of the reform of the process of matrimonial nullity, carried out by Pope Francis. In his last Address to the Rota, on 31 January, he spoke of the intentions and main innovations of this reform. Referring to the words of my beloved predecessor, on this occasion I would like to offer you some reflections inspired by the title of your course: “Ten years after the reform of the canonical matrimonial process. Ecclesiological, juridical and pastoral dimensions”.
It seems useful to consider the relationship between these three approaches. This relationship is often forgotten, since it tends to conceive of theology, law and pastoral care as separate compartments. Indeed, it is quite common for them to be implicitly contrasted with one another, as if the more theological or pastoral approach were less legal, and vice versa, as if the more legal approach were to the detriment of the other two profiles. The harmony that emerges when the three dimensions are considered as parts of the same reality is thus obscured.
The poor perception of this interconnection comes mainly from a consideration of the legal reality of processes of matrimonial annulment as a purely technical field, which would be of interest only to specialists, or as a means aimed solely at obtaining the free status of persons. This is a superficial view, which disregards both the ecclesiological presuppositions of those processes and their pastoral relevance.
Among those ecclesiological presuppositions, I would particularly like to mention two: the first concerning the sacred power exercised in ecclesial judicial processes in the service of truth, and the second regarding the object of the process for the declaration of marriage nullity, namely the mystery of the conjugal covenant.
The judicial function, as a means of exercising governmental or jurisdictional power, is an integral part of the overall reality of the sacred power of pastors in the Church. This reality is conceived by the Second Vatican Council as a service. Lumen gentium states: “That duty, which the Lord committed to the shepherds of His people, is a true service, which in sacred literature is significantly called ‘diakonia’ or ministry (cf. Acts 2:17,25; 21:19; Rom 11:13; 1Tm 1:12)” (no. 24). A fundamental aspect of pastoral service operates in judicial authority: the diaconia of truth. Every faithful person, every family, every community needs truth about their ecclesial situation in order to walk well the path of faith and charity. The truth about personal and community rights is situated in this context: the juridical truth declared in ecclesiastical processes is an aspect of existential truth within the Church.
The sacred authority is participation in the authority of Christ, and its service to truth is a way of knowing and embracing the ultimate Truth, which is Christ Himself (cf. Jn 14:6). It is not a coincidence that the first words of the two Motu proprio with which the reform was initiated relate to Jesus, Judge and Pastor: “Mitis Iudex Dominus Iesus, Pastor animarum nostrarum” in the Latin one, and “Mitis et Misericors Iesus, Pastor et Iudex animarum nostrarum” in the Eastern one.
We might ask ourselves why Jesus as Judge has been presented in these documents as meek and merciful. Such a consideration might appear at first sign to be contrary to the binding requirements of justice, which cannot be waived on the basis of a misunderstood compassion. It is true that in God’s judgment on salvation, His forgiveness of the repentant sinner is always at work, but human judgment on the nullity of marriage cannot however be manipulated by false mercy. Any activity contrary to the service of the process of truth must certainly be deemed unjust. However, it is precisely in the proper exercise of judicial authority that true mercy must be practised. We can recall a passage from Saint Augustine in De civitate Dei: “What is compassion but a fellow-feeling for another’s misery, which prompts us to help him if we can? And this emotion is obedient to reason, when compassion is shown without violating right, as when the poor are relieved, or the penitent forgiven”.[1] In this light, the process of marriage annulment can be seen as a contribution by legal practitioners to satisfy the need for justice that is so deeply rooted in the conscience of the faithful, and thus to accomplish a just work motivated by true mercy. The aim of the reform, which is to make the process more accessible and expeditious, but never at the expense of truth, thus appears as a manifestation of justice and mercy.
Another theological premise, specific to the process of marriage annulment, is marriage itself, as founded by the Creator (cf. Gaudium et spes, 48). During the Jubilee for Families, I recalled that “marriage is not an ideal but the measure of true love between a man and a woman: a love that is total, faithful and fruitful”.[2] As Pope Francis emphasized, marriage is “a reality with its own precise consistency”, it is “a gift of God to the spouses”.[3] In the Preamble to Mitis iudex, the “doctrine of the indissolubility of the sacred bond of marriage” is reaffirmed.[4] In dealing with cases of nullity, this realism is decisive: the awareness of working in the service of the truth of a concrete union, discerning before the Lord whether the mystery of una caro, one flesh, is present in it, which subsists forever in the earthly life of the spouses, despite any relational failure. Dear friends, what a great responsibility awaits you! In fact, as Pope Benedict XVI reminded us, “the canonical proceedings for the nullity of marriage are essentially a means of ascertaining the truth about the conjugal bond. Thus, their constitutive aim is … to render a service to the truth”.[5]
Therefore, Pope Francis, in the Preface to the Motu proprio, clarifying the meaning of the reform, also wished to reaffirm the great advantage of resorting to judicial proceedings in cases of nullity: “We have done this following in the footsteps of our predecessors who wished cases of nullity to be handled in a judicial rather than an administrative way, not because the nature of the matter demands it, but rather due to the unparalleled need to safeguard the truth of the sacred bond: something ensured by the judicial order”.[6]
The institution of the judicial process must be valued, viewing it not as a cumbersome accumulation of procedural requirements, but as an instrument of justice. In fact, setting up a case in such a way as to ensure that the parties, including the defender of the bond, can present evidence and arguments in support of their position, and can know and evaluate the same elements brought by the other party, in a trial conducted and concluded by an impartial judge, constitutes a great benefit for all concerned and for the Church herself. It is true that especially in the Church, as indeed in civil society, efforts must be made to find agreements that, while guaranteeing justice, resolve disputes through mediation and conciliation. In this regard, efforts to promote reconciliation between spouses are very important, including, where possible, through the validation of the marriage. However, there are cases in which it is necessary to resort to litigation because the matter is not available to the parties. This is what happens in the declaration of marriage nullity, which involves a public ecclesial good. It is an expression of the service of the pastors’ authority to the truth of the indissoluble marital bond, the foundation of the family, which is the domestic Church. Behind the procedural technicalities, with the faithful application of the current legislation, the ecclesiological presuppositions of the matrimonial process are therefore at stake: the search for truth and the salus animarum itself. Forensic ethics, centred on the truth of what is right, must inspire all legal practitioners, each in their own role, to participate in that work of justice and true peace to which the process is directed.
The ecclesiological and juridical dimensions, if truly lived, reveal the pastoral dimension. Firstly, there has been a growing awareness in recent times of the inclusion of the Church’s judicial activity in the field of marriage within the overall pastoral care of the family. This pastoral care cannot ignore or underestimate the work of ecclesiastical tribunals, and the latter must not forget that their specific contribution to justice is a piece in the task of promoting the good of families, with particular reference to those in difficulty. This task pertains to everyone in the Church, both pastors and other faithful, and in a special way to those involved in the administration of justice. The synergy between pastoral attention to critical situations and the judicial sphere has found significant expression in the implementation of preliminary investigations aimed at ascertaining the existence of grounds for initiating a case of nullity.
On the other hand, the procedure itself has pastoral value. Saint John Paul II expressed it in these terms: “Juridical-canonical activity is pastoral by its very nature. It constitutes a special participation in the mission of Christ, the shepherd (pastore), and consists in bringing into reality the order of intra-ecclesial justice willed by Christ Himself. Pastoral work, in its turn, while extending far beyond juridical aspects alone, always includes a dimension of justice. In fact, it would be impossible to lead souls toward the kingdom of heaven without that minimum of love and prudence that is found in the commitment to seeing to it that the law and the rights of all in the Church are observed faithfully”.[7]
Ultimately, the three dimensions just mentioned lead us to reaffirm the salus animarum as the supreme law and purpose of matrimonial cases in the Church. In this way, your service as ministers of justice in the Church, which I myself shared a few years ago, reveals its great ecclesiological, juridical and pastoral significance.
In expressing my hope that the truth of justice will shine ever more brightly in the Church and in your lives, I cordially impart my Blessing to you all.
____________________________
[2] Homily for the Jubilee of Families, Children, Grandparents and the Elderly, 1 June 2025.
[3] Francis, Address to the Roman Rota, 27 January 2023.
[4] Francis, Motu Proprio Mitis Iudex, Preamble.
[5] Benedict XVI, Address to the Roman Rota, 28 January 2006, AAS 98 (2006), p. 136.
[6] Francis, Motu proprio Mitis Iudex, Preamble.
[7] Saint John Paul II, Address to the Roman Rota, 18 January 1990, no. 4.
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