Updated: Ecclesiastical Tribunal bans Divorce Movement head

The Ecclesiastical Tribunal has written to the head of the Divorce Movement, Deborah Schembri, telling her that she may no longer practice in the tribunal because she is spreading incorrect information on the indissolubility of Catholic marriage.

Dr Schembri revealed the decision herself this afternoon at a press conference.

She insisted that she had not said anything of the sort about Catholic marriage. She said the decision was taken four weeks ago and she first learnt of the decision through a client before receiving the letter.

Dr Schembri she is waiting for a decision by the Archbishop over whether the tribunal's decision is temporary or permanent.

She said this decision would affect her income. "They know where to hit hard," she said.

During the press conference Dr Schembri questioned the Curia's involvement with the anti-divorce movement - Zwieg bla divorzju. She noted that it had been publicly revealed that the Church was financing the no campaign and the Church had also made premises available to the anti-divorce movement.

She said she was not passing judgement over whether the Church should be involved or not, but the public should know the facts. It was becoming increasingly evident that the Curia was behind the 'no' movement.

She said she wanted to thank members of the clergy who were providing the Divorce Movement with information on the Church's teaching on divorce and the importance of one's conscience.

She quoted then Cardinal Ratzinger who in comments about the doctrine of Vatican Council II had given conscience even more weight than Church teaching.

"Over the Pope, as the expression of the binding claim of ecclesiastic authority, there still stands one's own conscience which must be obeyed before all else, if necessary even against the requirements of ecclesiastical authority," she quoted him as saying.

CURIA REACTION

In a reaction, the Curia said that without referring to any particular case, the principles for the admission or exclusion of advocates from the Album of an Ecclesiastical Tribunal was based on the following:

The Apostolic Letter Justi Judicis (art. 6) of 1988 which states that “Furthermore from the Album should be removed ... those who agree with or are active in associations or movements which promote ways of thinking or acting that are contrary to the faith and the Catholic teachings about morals, or defend proposals and advice about civil order which go against the precepts of natural and Christian law”.

The Supreme Tribunal of the Apostolic Signatura, on July 12, 1993 in a reply to an express query laid down this norm: “according to canon 1483 the advocate must be of good repute... The proper treatment of marriage nullity cases presupposes the right doctrine about marriage and its indissolubility, which right doctrine also requires that it be manifested in life. “

Furthermore Pope Paul John II in his address to the Roman Rota on the 22nd January 2002 said: “Legal workers in the civil field should avoid being personally involved in anything that could imply cooperation towards divorce.”

The Curia said the Ecclesiastical Authorities need to take such decisions because the lawyer’s role is not only to defend the interests of his/her client but also to defend the validity of marriage as a life long commitment. Embracing divorce hinders this aspect of the advocate’s mission in the Tribunal.

During their years of formation the advocates are informed about these norms so that they can be aware of the consequences of their options, the Curia said. The lwyer remains free to make his/her choices in life even to be in favour of divorce but they already know that this impinges on their participation in the Ecclesiastical Tribunal.

The procedure comes into action when a client proposes an advocate to assist him in the Tribunal. It is at that moment that the Tribunal infors the client of the decision about the advocate.

It is to be pointed out that this is not the first time that an advocate was not admitted or was excluded from the Album, the Curia said.

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