Santiago, Chile, Apr 19, 2017 / 12:08 am (CNA/EWTN News).- In the process of declaring the nullity of marriage there is a position of utmost importance which allows the judges to reach the moral certainty required to make their judgement: the office of the defender of the bond.
A marriage is presumed valid unless it is proved otherwise. The nullity of a marriage is established only when there exists proof that a marriage never in fact took place.
The defender of the bond participates in the process of declaring nullity “always to defend the validity of the marriage,” Sigal Rodríguez Conca, a canon lawyer who has worked for the tribunal of the Archdiocese of Santiago de Chile, told CNA.
The defender of the bond, Rodriguez said, aims to ensure that the process is conducted fairly, and upholds the marriage’s presumed validity. This role sets out arguments and aims to rebuts any evidence and conclusions of the petitioner – the spouse who is seeking to challenge the marriage's validity.
“Obviously if there is no argument to make in favor of a marriage’s validity, the case is left to the knowledge and conscience of the judges,” said Rodriguez.
The role of the defender of the bond is outlined in canon law, and the person who fills the role is appointed by the bishop.
This role makes it possible to have “a true examination in the process of marriage nullity,” Rodriguez said. The respondent to an annulment case sought by the petitioner rarely participates in the proceedings, and “when they do respond, in the majority of casese they are in favor of a declaration of nullity.”
Once a diocese’s judicial vicar has accepted a request to hear a process of declaring the nullity of marriage, the defender of the bond is notified in writing, and must respond to the arguments presented by the lawyer representing the petitioner’s case.
Pope Francis made changes to the nullity process in December 2015, introducing a shorter process.
In the shortest available annulment process, in which the bishop hears the case, the defender of the bond has 15 days to present observations in favor of the existence of the marriage bond.
The defender of the bond has the right to be present at the statements by the parties to marriage, and the statements by witnesses and experts. He has the right to examine the judicial documents and any documents presented by the parties.
In addition, the defender must be notified of the entire content of the ruling and has the right to appeal any declaration of nullity if it is considered unjust. He has “the last word” in all arguments presented before the verdict in the case, Rodriguez said.
Without the defender of the bond, there would not exist a real cross-examination in the marriage nullity process, which allows a greater possibility for the moral certainty required to rule in favor of or against nullity.
If you value the news and views Catholic World Report provides, please consider donating to support our efforts. Your contribution will help us continue to make CWR available to all readers worldwide for free, without a subscription. Thank you for your generosity!
Click here for more information on donating to CWR. Click here to sign up for our newsletter.
Buenos Aires, Argentina, Sep 2, 2018 / 04:22 am (ACI Prensa).- A new crisis pregnancy center in Buenos Aires will welcome women facing difficult pregnancies, offering resources, counseling, and medical support.
The “Home of the Motherly Embrace” is being opened in response to a July proposal by a group of priests who work in the poorest areas of the cities. The goal is to meet the needs of pregnant women living in shanty towns without basic utilities such as electricity or running water.
Creators of the home hope to show the Church’s committed response to defend both the mother and the unborn child. They hope to open up additional homes in the future.
The Home of the Motherly Embrace is located in the former catechetical center of the Sacred Heart of Jesus parish and in the Don Orione Neighborhood. It will be open from 10 a.m. to 5 p.m. Monday through Friday and will be served by volunteers, who will welcome women in crisis pregnancies as well as those who have had an abortion.
Women will be offered food, healthcare, psychological support, legal aid, and counseling during their pregnancy and their babies’ first years, up to the start of early childhood education.
The home will also seek to facilitate access to government maternity policies and programs and if needed, the process of adoption through the legal system.
The plan for the crisis pregnancy center arose amid a legislative push to legalize on-demand abortion up to 14 weeks gestation, and through the ninth month of pregnancy on the grounds of rape, if doctors deem the mother’s life or health to be endangered, or if the baby receives a diagnosis of non-viability.
Although the bill was ultimately rejected by the nation’s senate, the fierce debate surrounding it divided Argentinian society and highlighted the need to offer additional resources to women facing difficult pregnancies.
An Aug. 27 Mass was celebrated to inaugurate the Home of the Motherly Embrace. Auxiliary Bishop Gustavo Carrara of Buenos Aires presided over the Mass. The homily was given by Fr. Hernán Martin, the pastor of Sacred Heart of Jesus parish, where the women’s center is located.
Fr. Martin stressed that in times of division, “we want to bring people together” to “contribute our grain of sand, and sow a seed of hope for the love we have for God and his plan.”
This article was originally published by our sister agency, ACI Prensa. It has been translated and adapted by CNA.
Rodrigo Iván Cortés, president of the National Front for the Family, described Claudia Sheinbaum’s victory as “very bad news for life, family, and freedoms.” / Credit: EWTN Noticias/Screenshot
ACI Prensa Staff, Jun 5, 2024 / 18:50 pm (CNA).
Various pro-life, pro-family, and lay leaders of the Catholic Church in Mexico have reacted with concern to the election of Claudia Sheinbaum as president of the country.
Rodrigo Iván Cortés, president of the National Front for the Family, described Sheinbaum’s victory as “very bad news for life, family, and freedoms.”
For the pro-family leader, Sheinbaum represents continuity with the same progressive agenda of the outgoing administration of President Andrés Manuel López Obrador. Citing the growing legalization of abortion and use of gender ideology throughout the country, Cortés explained that “the López Obrador regime culminated in a culture of death, of ideology, not only of gender confusion but also of socialist populist indoctrination.”
However, in an interview with “EWTN Noticias,” EWTN’s Spanish-language news program, Cortés emphasized that just as people didn’t vote for López Obrador because of his position on abortion, gender ideology, or for freedoms to be canceled, people didn’t vote for Sheinbaum for those same reasons. What happens, he indicated, is that “when they come to power, they implement [that agenda].”
For Juan Dabdoub, president of the Mexican Family Council (ConFamilia), there are “two important factors” that would explain Sheinbaum’s victory in the presidential elections.
The first, he told ACI Prensa, CNA’s Spanish-language news partner, is that in Mexico there is “a poor political culture, which makes a large majority of the people manipulable.”
A second factor, Dabdoub noted, is that “Mexican Catholicism has failed in something extremely important that Pope St. John Paul II already pointed out: ‘A faith that does not create culture is a useless faith.’”
In a Jan. 16, 1982, speech, John Paul II said: “A faith that does not become culture is a faith that is not fully accepted, not entirely thought out, not faithfully lived.”
For the president of ConFamilia, “Mexico has stopped being a country of practicing Catholics and has become one of simply baptized people; and when a Catholic doesn’t live his faith in the outside world, that is, outside his home and his parish, those who dominate the world take control.”
Dabdoub considered Sheinbaum’s victory to be “a brutal threat” to the defense of life, family, and freedoms, since she has “a radical progressive agenda.”
‘Formation and serious work are needed’
For Father Hugo Valdemar, who for 15 years headed the communications office of the Primatial Archdiocese of Mexico when Cardinal Norberto Rivera led the archdiocese, “Catholics must learn that social media are not enough to really influence; serious formation and work are needed, otherwise everything remains up in the air.”
“The big problem is that we haven’t been seriously forming the laity, and nothing is being done to do so,” he told ACI Prensa. However, he noted that with a Sheinbaum administration, “the Church is not in danger. I don’t see an adverse climate, much less persecutory, and Christian values have been violated for a long time.”
What’s next in the battle for life and family?
Pilar Rebollo, director of the Steps for Life platform, pointed out that Sheinbaum’s election “means much more work” for pro-lifers: “It requires us to be united, it requires us to be coordinated,” anticipating possible “frontal attacks on what we know as our values that are foundational.”
Rebollo also emphasized the importance of serving underserved and vulnerable populations, which, she considered, were key to Sheinbaum’s victory. This, she said, must be done “not out of a desire for numbers but zeal for souls, a desire to [heal] wounds, zeal for humanity, to see Christ in others.”
It should be noted that all three candidates for president — Sheinbaum, Xóchitl Gálvez, and Jorge Álvarez Máynez — backed the legalization of abortion and the LGBTQ policy agenda, so Mexican voters had no real alternative to vote for a pro-life and pro-family candidate.
Sheinbaum is the first person of Jewish ancestry to be elected to Mexico’s presidency. In February of this year, she visited Pope Francis at the Vatican, where she asked him to bless a rose wrought in silver by a Mexican artisan. She later presented it to the rector of the Basilica Shrine of Our Lady of Guadalupe in Mexico City.
During her campaign, Sheinbaum was seen wearing a skirt bearing the image of the revered Virgin of Guadalupe. According to Jason Poblete of the Global Liberty Alliance, Sheinbaum also wore a rosary around her neck at a public event. He and others suggested that this was an act of demagoguery intended to appeal to Catholics, who comprise approximately 78% of the country’s population.
Sheinbaum, 61, holds a doctorate in physics specializing in energy and taught at Mexico’s National Autonomous University. Her political militancy began during her student years, joining a group that became the founding youth movement of the socialist Party of Democratic Revolution. She later joined the ruling Morena party. She has been described as a climate activist, having been part of a Nobel Prize-winning commission advising the United Nations on climate change.
Sheinbaum’s tenure as Mexico City mayor was marked by progressive initiatives. For example, the World Economic Forum, led by Klaus Schwab, noted that as mayor she ended public school policy requiring gender-appropriate uniforms for children. Sheinbaum said: “The era when girls had to wear a skirt and boys had to wear trousers has been left behind; I think that’s passed into history,” and added: “Boys can wear skirts if they want and girls can wear pants if they want.”
While she did not raise the issue during her campaign, Sheinbaum’s Morena party is a firm supporter of abortion. The newly-elected congress will be seated in September, one month before Sheinbaum’s inauguration, thus allowing incumbent president López Obrador an opportunity to push through his legislative initiatives.
Poblete told “EWTN News Nightly” that the 2024 election may have led to a Morena majority in Mexico’s Congress, which has vowed to amend the constitution in order for Mexican Supreme Court justices to be elected by popular ballot, thereby confirming partisan control of the heretofore independent judiciary, which would rule on issues such as abortion and matters of gender ideology. He fears that Sheinbaum will govern under the shadow of the current president and his leftist party.
This story was first published by ACI Prensa, CNA’s Spanish-language news partner. It has been translated and adapted by CNA.
Leave a Reply