This blog started out as a companion piece to my book, Musings from the Christian Left (excerpts of which can be found in the July 2004 link) and to support a planned radio show. Now, its simply a long term writing project from a Christian Left Libertarian perspective (meaning I often argue for liberty within the (Catholic) Church, rather than liberty because the church takes care of a conservative view of morality.

Thursday, April 20, 2017

Responding to the Syllabus of Errors of Pope Pius IX

Having dealt with St. Pius X’s Syllabus of  Errors on Modernism, which you can find at , I decided to analyze the Syllabus by Pius IX. As before, the writings of Pius are numbered.  They can be found at  My retorts are in bold. These were not as bad as I thought they would be reading Garry Wills, but most are easily refutable and reflect the biases of an age that no longer exists.  Interestingly, as a political scientist, my own ability to do so is carries more authority, although my authority as a Catholic is enough to question the Church.  Those who cling to these condemnations are practicing Catholic Relativism.
1. There exists no Supreme, all-wise, all-provident Divine Being, distinct from the universe, and God is identical with the nature of things, and is, therefore, subject to changes. In effect, God is produced in man and in the world, and all things are God and have the very substance of God, and God is one and the same thing with the world, and, therefore, spirit with matter, necessity with liberty, good with evil, justice with injustice. -- Allocution "Maxima quidem," June 9, 1862.
God is, of course, eternal, et al, however we only know him through our human faculties and through language (of which tradition is a part)
2. All action of God upon man and the world is to be denied. -- Ibid.
Condemnation affirmed
3. Human reason, without any reference whatsoever to God, is the sole arbiter of truth and falsehood, and of good and evil; it is law to itself, and suffices, by its natural force, to secure the welfare of men and of nations. -- Ibid.
Human Reason and language are how we know truth or falsehood, although individuals may be visited with inspiration – all individuals, not just clergy.
4. All the truths of religion proceed from the innate strength of human reason; hence reason is the ultimate standard by which man can and ought to arrive at the knowledge of all truths of every kind. -- Ibid. and Encyclical "Qui pluribus," Nov. 9, 1846, etc.
Revelation exists, but it is filtered through our intelligence and personal experience of God.  The truths of Dogma having to do with the Trinity were by reason and agreement – by elected bishops voting in Council without the Bishop of Rome (who was Aryan).
5. Divine revelation is imperfect, and therefore subject to a continual and indefinite progress, corresponding with the advancement of human reason. -- Ibid.
Our understanding is imperfect and filtered through ourselves as vessels.
6. The faith of Christ is in opposition to human reason and divine revelation not only is not useful, but is even hurtful to the perfection of man. -- Ibid.
Faith and reason are compatible, as long at the Curia listens to reason and evidence.
7. The prophecies and miracles set forth and recorded in the Sacred Scriptures are the fiction of poets, and the mysteries of the Christian faith the result of philosophical investigations. In the books of the Old and the New Testament there are contained mythical inventions, and Jesus Christ is Himself a myth.
We know from Paul of the existence of Jesus (as well as from Josephus).  Whether the Gospel writers inferred that the scriptures must have been fulfilled and supplemented story with prophesy is not knowable, but I expect not.
8. As human reason is placed on a level with religion itself, so theological must be treated in the same manner as philosophical sciences. -- Allocution "Singulari quadam," Dec. 9, 1854.
Religion must be placed in its own context, but religious sects, including Catholicism, are certainly good subject matter for the disciplines of sociology and history.
9. All the dogmas of the Christian religion are indiscriminately the object of natural science or philosophy, and human reason, enlightened solely in an historical way, is able, by its own natural strength and principles, to attain to the true science of even the most abstruse dogmas; provided only that such dogmas be proposed to reason itself as its object. -- Letters to the Archbishop of Munich, "Gravissimas inter," Dec. 11, 1862, and "Tuas libenter," Dec. 21, 1863.
This depends.  Dogmas having to do with Natural Law are certainly subject to scientific criticism, especially those having to do with human development and human evolution.  In natural law, truth rules, not consistency with prior teaching.  Defending prior teaching in the face of scientific refutation is hubris, not faith. The same applies to both the teachings on sexuality and the ordination of women (sociologists have a field day with that one).
10. As the philosopher is one thing, and philosophy another, so it is the right and duty of the philosopher to subject himself to the authority which he shall have proved to be true; but philosophy neither can nor ought to submit to any such authority. -- Ibid., Dec. 11, 1862.
Philosophers, like natural scientists, are subject to the Truth, which is a way to interact with God, not the Pope, who is attempting to tradition (well, not the current Pope).
11. The Church not only ought never to pass judgment on philosophy, but ought to tolerate the errors of philosophy, leaving it to correct itself. -- Ibid., Dec. 21, 1863.
The Church should quit running away from discussion that might further human understanding. It can certainly reiterate what the Church teaches but should be open to changes in understanding as well.
12. The decrees of the Apostolic See and of the Roman congregations impede the true progress of science. -- Ibid.
Scientists don’t care what Rome says.  Most Catholic universities don’t let the local bishop interfere beyond the theology department, probably because of the Church’s record of interfering without understanding.
13. The method and principles by which the old scholastic doctors cultivated theology are no longer suitable to the demands of our times and to the progress of the sciences. -- Ibid.
Scholasticism is about proving what is already believed rather than understanding new developments in the natural and human sciences and how they might impact theological teaching.
14. Philosophy is to be treated without taking any account of supernatural revelation. -- Ibid.
Supernatural revelation should be reviewed for its social context to see whether the seers had more human motivations (see Leviticus and Revelation) or were adaptions of the histories of others (see Genesis as an adaptation of Sumeric and Babylonian myth).
15. Every man is free to embrace and profess that religion which, guided by the light of reason, he shall consider true. -- Allocution "Maxima quidem," June 9, 1862; Damnatio "Multiplices inter," June 10, 1851.
You can’t force someone to worship a God presented as an ogre.  Spiritual societies work by allowing recovered individuals to choose a God of their understanding.  They do not mandate that the Church believe the same kind of God, although the Church would be wise to do so.
16. Man may, in the observance of any religion whatever, find the way of eternal salvation, and arrive at eternal salvation. -- Encyclical "Qui pluribus," Nov. 9, 1846.
If Matthew 25 is any guide, if you encounter Christ among the least of these, that is enough.
17. Good hope at least is to be entertained of the eternal salvation of all those who are not at all in the true Church of Christ. -- Encyclical "Quanto conficiamur," Aug. 10, 1863, etc.
See answer to 16 and Vatican II
18. Protestantism is nothing more than another form of the same true Christian religion, in which form it is given to please God equally as in the Catholic Church. -- Encyclical "Noscitis," Dec. 8, 1849.
The Catholic Church is a breakaway sect from Orthodoxy.  If Catholics want western unity, they must first submit to Constantinople.  How is that not obvious?
Pests of this kind are frequently reprobated in the severest terms in the Encyclical "Qui pluribus," Nov. 9, 1846, Allocution "Quibus quantisque," April 20, 1849, Encyclical "Noscitis et nobiscum," Dec. 8, 1849, Allocution "Singulari quadam," Dec. 9, 1854, Encyclical "Quanto conficiamur," Aug. 10, 1863.
Today, cooperative socialism is strongly endorsed by Catholics and social scientists, both American Farm Cooperatives (like the Land O’ Lakes cooperative started by a member of the Disciples of Christ – who was a Mason) and Mondragon (Started by a Catholic priest).  Condemning Masons show how backward the Church still is because it cannot handle social competition (sorry, but the Knights of Columbus are growing into a pathetic old Republicans club).  Biblical societies are not to be condemned, even if they compete in the doctrinal space with the Church.  Soviet Russia and China were/are bureaucratic authoritarianisms, not true communists or socialists.
19. The Church is not a true and perfect society, entirely free- nor is she endowed with proper and perpetual rights of her own, conferred upon her by her Divine Founder; but it appertains to the civil power to define what are the rights of the Church, and the limits within which she may exercise those rights. -- Allocution "Singulari quadam,&quuot; Dec. 9, 1854, etc.
See response to 18. The Apostolic See moved with the seat of empire to New Rome
20. The ecclesiastical power ought not to exercise its authority without the permission and assent of the civil government. -- Allocution "Meminit unusquisque," Sept. 30, 1861.
Agree with Pius that bishops should be independent of the state, however they should also be elected by their parishes or priests and be subject to civil law on pederasty.  They must also never sanction a Catholic politician with loss of Communion for upholding the Constitution. That is sedition.
21. The Church has not the power of defining dogmatically that the religion of the Catholic Church is the only true religion. -- Damnatio "Multiplices inter," June 10, 1851.
Judaism and Islam are true religions.  Orthodoxy must be included in any definition of Catholic, as should any that believe in the True Presence of Christ in the Eucharist
22. The obligation by which Catholic teachers and authors are strictly bound is confined to those things only which are proposed to universal belief as dogmas of faith by the infallible judgment of the Church. -- Letter to the Archbishop of Munich, "Tuas libenter," Dec. 21, 1863.
Authors are now free to make arguments based on history, reason, archeology, etc. Vatican II ended preapproval by the local ordinary.  Matters of Dogma concern the Trinity and require an Ecumenical Council to change and proposing change, as long as it is stated as such, is legitimate.  Matters of Natural Law are subject to reason by every person.  The supposed authority of the Church over Natural Law is not legitimate or its not natural law.  The Church can regulate practice, but authors can certainly suggest improvements, like the time for Confirmation to be celebrated and how it is to be prepared for.  Parents should be consulted too.
23. Roman pontiffs and ecumenical councils have wandered outside the limits of their powers, have usurped the rights of princes, and have even erred in defining matters of faith and morals. -- Damnatio "Multiplices inter," June 10, 1851.
Princes have usurped the rights of citizens, but that is mostly no longer the case in Christendom.  That the Church is no longer allowed to dictate politics is long understood and its attempts to use abortion as an issue have given America and others the worst kind of authoritarians in office. While states cannot require a female priesthood, the faithful can strongly suggest it and do.
24. The Church has not the power of using force, nor has she any temporal power, direct or indirect. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.
Italian civil government has not been great, but is better than the Papal States. See 23
25. Besides the power inherent in the episcopate, other temporal power has been attributed to it by the civil authority granted either explicitly or tacitly, which on that account is revocable by the civil authority whenever it thinks fit. -- Ibid.
See 20
26. The Church has no innate and legitimate right of acquiring and possessing property. -- Allocution "Nunquam fore," Dec. 15, 1856; Encyclical "Incredibili," Sept. 7, 1863.
The Vatican has made a mess of its finances and is an embarrassment.  Pope Francis is fixing it.  The clergy should never be in charge of property.  We need an elected lay deaconate (including women) to deal with these matters.
27. The sacred ministers of the Church and the Roman pontiff are to be absolutely excluded from every charge and dominion over temporal affairs. -- Allocution "Maxima quidem," June 9, 1862.
See 20 and 23
28. It is not lawful for bishops to publish even letters Apostolic without the permission of Government. -- Allocution "Nunquam fore," Dec. 15, 1856.
No one argues against the Apostolic press, or any press, having freedom to publish or others the freedom to retort.
29. Favours granted by the Roman pontiff ought to be considered null, unless they have been sought for through the civil government. -- Ibid.
The Roman Pontiff no longer has favours to give, save the odd papal knighthood.
30. The immunity of the Church and of ecclesiastical persons derived its origin from civil law. -- Damnatio "Multiplices inter," June 10, 1851.
By definition, immunities from law are granted under law.  Such immunities are gone, however, especially as they regard pederasty.  Indeed, each bishop should be considered a Vatican employee as long as the Pope appoints him, so the Holy See should be financially liable when the choice is to be made between raiding funds reserved for the parishes and charities and selling bad Vatican art that portrays the Holy Family as white northern Italians.
31. The ecclesiastical forum or tribunal for the temporal causes, whether civil or criminal, of clerics, ought by all means to be abolished, even without consulting and against the protest of the Holy See. -- Allocution "Nunquam fore," Dec. 15, 1856; Allocution "Acerbissimum," Sept. 27, 1852.
These tribunals have been abolished and more predator priests and conspiring bishops should face both civil and criminal judgment.
32. The personal immunity by which clerics are exonerated from military conscription and service in the army may be abolished without violation either of natural right or equity. Its abolition is called for by civil progress, especially in a society framed on the model of a liberal government. -- Letter to the Bishop of Monreale "Singularis nobisque," Sept. 29, 1864.
There should be no conscription for anyone.  Meanwhile, military chaplains have earned a place of honor in the Church and in history.
33. It does not appertain exclusively to the power of ecclesiastical jurisdiction by right, proper and innate, to direct the teaching of theological questions. -- Letter to the Archbishop of Munich, "Tuas libenter," Dec. 21, 1863.
Theologians in Catholic institutions must be approved by the local bishop, although that power would be better served if these bishops were locally elected.  Further, local bishops do not approve every paper or book.  Vatican II ended those days.  Catholic theologians in secular or other sectarian schools are free to do what they like, including those of us who write without credential.
34. The teaching of those who compare the Sovereign Pontiff to a prince, free and acting in the universal Church, is a doctrine which prevailed in the Middle Ages. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.
There is no such comparison since the Vatican lost Italy to secular government.  The Holy See does enjoy the status of a head of state, which is handy in questions of global warming and poverty, but not helpful in holding predator priests responsible.
35. There is nothing to prevent the decree of a general council, or the act of all peoples, from transferring the supreme pontificate from the bishop and city of Rome to another bishop and another city. -- Ibid.
This is true and such authority should be recognized in Constantinople, which was faithful when Rome was Aryan. 
36. The definition of a national council does not admit of any subsequent discussion, and the civil authority car assume this principle as the basis of its acts. -- Ibid.
National Councils should elect the National or Linguistic Patriarch who shall look to Constantinople for unity.
37. National churches, withdrawn from the authority of the Roman pontiff and altogether separated, can be established. -- Allocution "Multis gravibusque," Dec. 17, 1860.
See 35 and 36.  The Canon of the Mass should pray for the Ecumenical Patriarch, then Rome or the National Patriarch and then the local Ordinary
38. The Roman pontiffs have, by their too arbitrary conduct, contributed to the division of the Church into Eastern and Western. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.
The objection is the truth.  It is all papal arrogance.  It has since been repaired.
39. The State, as being the origin and source of all rights, is endowed with a certain right not circumscribed by any limits. -- Allocution "Maxima quidem," June 9, 1862.
Mr. Jefferson agrees with 39, as does Mr. Madison.  Of course, those limits gave us the right to privacy from birth control through gay marriage.
40. The teaching of the Catholic Church is hostile to the well- being and interests of society. -- Encyclical "Qui pluribus," Nov. 9, 1846; Allocution "Quibus quantisque," April 20, 1849.
Now that Vatican II has recognized religious freedom, including where it has a majority, that hostility no longer exists except when the Church does not understand certain rights and liberties in a nation, like with abortion, and directs Catholic politicians to violate their constitutional oaths to sign unconstitutional legislation or face loss of Communion (which is seditious) or encourages election of politicians who promise progress on this issue when the option being proposed is not possible or desirable.  The tyranny of a Catholic majority is still tyranny.
41. The civil government, even when in the hands of an infidel sovereign, has a right to an indirect negative power over religious affairs. It therefore possesses not only the right called that of "exsequatur," but also that of appeal, called "appellatio ab abusu." -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851
Correct, for once.  No national has the right to persecute the Church, except of course for protecting children for pederasty (the offending priests should be tied to a millstone and thrown into the see, according to the Lord).
42. In the case of conflicting laws enacted by the two powers, the civil law prevails. -- Ibid.
This depends on the matter and on whose rights are at stake.  The Church should stay out of civil law matters.  While it has the freedom to not do gay marriages, there is no such freedom to deny the rights of gay employees to work for the Church.  It would be better, of course, if the Church would honor the families and celebrate these unions. Catholic schools should be able to control their curricula, provided that certain courses be taught in civics and to maintain educational standards.
43. The secular Dower has authority to rescind, declare and render null, solemn conventions, commonly called concordats, entered into with the Apostolic See, regarding the use of rights appertaining to ecclesiastical immunity, without the consent of the Apostolic See, and even in spite of its protest. -- Allocution "Multis gravibusque," Dec. 17, 1860; Allocution "In consistoriali," Nov. 1, 1850.
There should be no immunity from the civil law, especially on pederasty, where the Vatican should start backstopping civil lawsuits.
44. The civil authority may interfere in matters relating to religion, morality and spiritual government: hence, it can pass judgment on the instructions issued for the guidance of consciences, conformably with their mission, by the pastors of the Church. Further, it has the right to make enactments regarding the administration of the divine sacraments, and the dispositions necessary for receiving them. -- Allocutions "In consistoriali," Nov. 1, 1850, and "Maxima quidem," June 9, 1862.
The Church can teach what it wants and the public is free to challenge it when it is wrong.  The state cannot, however.  It can certainly say who can get married but not require the Church to perform the ceremony, though it must recognize the marriage among employees, regardless of their religion.
45. The entire government of public schools in which the youth- of a Christian state is educated, except (to a certain extent) in the case of episcopal seminaries, may and ought to appertain to the civil power, and belong to it so far that no other authority whatsoever shall be recognized as having any right to interfere in the discipline of the schools, the arrangement of the studies, the conferring of degrees, in the choice or approval of the teachers. -- Allocutions "Quibus luctuosissimmis," Sept. 5, 1851, and "In consistoriali," Nov. 1, 1850.
The requirements of accreditation, both from associations and government curricula, are quite settled.  Public schools are totally under the civic power, although it would be better if parental boards had control.  Universities have ancient rights of independence, although these too must meet accreditation requirements.
46. Moreover, even in ecclesiastical seminaries, the method of studies to be adopted is subject to the civil authority. -- Allocution "Nunquam fore," Dec. 15, 1856.
Civil authorities cannot govern seminaries. Pius gets another one right.
47. The best theory of civil society requires that popular schools open to children of every class of the people, and, generally, all public institutes intended for instruction in letters and philosophical sciences and for carrying on the education of youth, should be freed from all ecclesiastical authority, control and interference, and should be fully subjected to the civil and political power at the pleasure of the rulers, and according to the standard of the prevalent opinions of the age. -- Epistle to the Archbishop of Freiburg, "Cum non sine," July 14, 1864.
Pius gets this one wrong.  Public schools should be public and the bishop should keep his hands off.  This is largely the case now anyway.
48. Catholics may approve of the system of educating youth unconnected with Catholic faith and the power of the Church, and which regards the knowledge of merely natural things, and only, or at least primarily, the ends of earthly social life. -- Ibid.
Catholics are allowed to use public schools if they so wish. Indeed, they often must because of the cost of Catholic Schools, although this may change.  Parents should control these schools.
49. The civil power may prevent the prelates of the Church and the faithful from communicating freely and mutually with the Roman pontiff. -- Allocution "Maxima quidem," June 9, 1862.
This is no longer an issue in all free nations (China being the execpetion).
50. Lay authority possesses of itself the right of presenting bishops, and may require of them to undertake the administration of the diocese before they receive canonical institution, and the Letters Apostolic from the Holy See. -- Allocution "Nunquam fore," Dec. 15, 1856.
Lay authority should not choose bishops, but the laity of the diocese should and local bishops should comply with these decisions and consecrate their new brother.
51. And, further, the lay government has the right of deposing bishops from their pastoral functions, and is not bound to obey the Roman pontiff in those things which relate to the institution of bishoprics and the appointment of bishops. -- Allocution "Acerbissimum," Sept. 27, 1852, Damnatio "Multiplices inter," June 10, 1851.
Bishops who cover up pederasty by priests should be jailed, whether deposed or not.  Bishops who are appointed by Rome who deny Communion to Catholic politicians who perform their constitutional duties as required should be referred to the Nuncio for discipline as a condition of the Nuncio’s presence in the United States.
52. Government can, by its own right, alter the age prescribed by the Church for the religious profession of women and men; and may require of all religious orders to admit no person to take solemn vows without its permission. -- Allocution "Nunquam fore," Dec. 15, 1856.
This seems to only be a problem in China and China is wrong.
53. The laws enacted for the protection of religious orders and regarding their rights and duties ought to be abolished; nay, more, civil Government may lend its assistance to all who desire to renounce the obligation which they have undertaken of a religious life, and to break their vows. Government may also suppress the said religious orders, as likewise collegiate churches and simple benefices, even those of advowson and subject their property and revenues to the administration and pleasure of the civil power. -- Allocutions "Acerbissimum," Sept. 27, 1852; "Probe memineritis," Jan. 22, 1855; "Cum saepe," July 26, 1855.
No one is now suggesting that religious orders be banned, although many are falling apart. It was a mistake to let members avoid Social Security, as many retired religious are now destitute and must sell their property to be cared for. Sadly, religious missionaries and local clergy are targeted for persecution by fascist death squads in Central America, sadly with the encouragement of the American government.
54. Kings and princes are not only exempt from the jurisdiction of the Church, but are superior to the Church in deciding questions of jurisdiction. -- Damnatio "Multiplices inter," June 10, 1851.
Constantine, before his baptism, directed a few Councils.  This had been an imperial right.  This is no longer the case.  In the west, there are few working kings and princes and none bother the Church.
55. The Church ought to be separated from the .State, and the State from the Church. -- Allocution "Acerbissimum," Sept. 27, 1852.
Even in the United States, the Church is a valuable partner in both education and social services, often receiving contracts and grants.
56. Moral laws do not stand in need of the divine sanction, and it is not at all necessary that human laws should be made conformable to the laws of nature and receive their power of binding from God. -- Allocution "Maxima quidem," June 9, 1862.
The laws of nature depend on reason and evidence, not the authority of Rome.
57. The science of philosophical things and morals and also civil laws may and ought to keep aloof from divine and ecclesiastical authority. -- Ibid.
The Church is free to give its opinion on civil law and morals in both legislative and judicial matters, but it must respect the ground rules and be honest when presenting whether its findings are based on authority or on reason and evidence.  The legislature and courts are free to disregard the Church’s evidence when it is wanting, as when it defended California’s Proposition 8 using grounds that did not even conform with Canon Law (marriage need not require fecundity, so you can’t prohibit gays from marrying for reasons of fecundity without looking like a bigot).
58. No other forces are to be recognized except those which reside in matter, and all the rectitude and excellence of morality ought to be placed in the accumulation and increase of riches by every possible means, and the gratification of pleasure. -- Ibid.; Encyclical "Quanto conficiamur," Aug. 10, 1863.
Science only deals with what it can measure.  So far, not even consciousness has been measurable as being the precursor to thought, which starts in the material brain.  The soul must manifest in some other way, such as the electo-chemistry of the brain and every cell.  Whether there is another manifestation of this is unknowable by science.  Morality is for man, not man for morality.  God does not require us to be moral, rather he teaches us to be moral for our happiness and pleasure.
59. Right consists in the material fact. All human duties are an empty word, and all human facts have the force of right. -- Allocution "Maxima quidem," June 9, 1862.
See 58
60. Authority is nothing else but numbers and the sum total of material forces. -- Ibid.
Authority is about consent, not numbers.  Free will is from God who created the intellect to present options to the Will, which desires good, truth and love.  Our exercise of the intellect and will collectively grants authority to both Church and State.
61. The injustice of an act when successful inflicts no injury on the sanctity of right. -- Allocution "Jamdudum cernimus," March 18, 1861.
The injustice of an act exists when it deprives another of their rights, especially if the actor claims such a right, like freedom from murder, rape or theft. Of course, some rights are outside the jurisdiction of society to regulate and are therefore private in the civil realm.
62. The principle of non-intervention, as it is called, ought to be proclaimed and observed. -- Allocution "Novos et ante," Sept. 28, 1860.
See 61
63. It is lawful to refuse obedience to legitimate princes, and even to rebel against them. -- Encyclical "Qui pluribus," Nov. 9, 1864; Allocution "Quibusque vestrum," Oct. 4, 1847; "Noscitis et Nobiscum," Dec. 8, 1849; Apostolic Letter "Cum Catholica."
There are few legitimate princes to obey and they are only obeyed (like Monaco) because their scope is insignificant.  All governments face revolution if they allow society to break down into anarchy or tyranny.  A government that can be goaded into making things worse in response to provocation has lost its right to rule.
64. The violation of any solemn oath, as well as any wicked and flagitious action repugnant to the eternal law, is not only not blamable but is altogether lawful and worthy of the highest praise when done through love of country. -- Allocution "Quibus quantisque," April 20, 1849.
Solemn oaths, especially to Constitutions, must be upheld. See 40. Love of country does not allow wickedness to others. There shall be no Muslim Ban or Wall, not because of eternal law but because of the Constitutional system.
65. The doctrine that Christ has raised marriage to the dignity of a sacrament cannot be at all tolerated. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.
Agree with Pius in part. Marriage is very much a Sacrament, even without a priest to witness it and as long as conjugal relations are possible, regardless of fecundity.  Gay or Straight.
66. The Sacrament of Marriage is only a something accessory to the contract and separate from it, and the sacrament itself consists in the nuptial benediction alone. -- Ibid.
Agree with Pius in Part. The couple makes the Sacrament, gay or straight.
67. By the law of nature, the marriage tie is not indissoluble, and in many cases divorce properly so called may be decreed by the civil authority. -- Ibid.; Allocution "Acerbissimum," Sept. 27, 1852.
Civil divorce is a universal fact of life.  The Church must now recognize that some marriages that were validly entered into have failed and that the victim should be granted a divorce rather than an annulment.  The injuring party should not be allowed to ever remarry.
68. The Church has not the power of establishing diriment impediments of marriage, but such a power belongs to the civil authority by which existing impediments are to be removed. -- Damnatio "Multiplices inter," June 10, 1851.
Impediments may be established for Catholic weddings but not for civil ones.  Civil government can also establish impediments that the Church must respect and has also recognized the rights of homosexuals to marriage as a natural law right under constitutions.
69. In the dark ages the Church began to establish diriment impediments, not by her own right, but by using a power borrowed from the State. -- Apostolic Letter "Ad Apostolicae," Aug. 22, 1851.
In the Dark Ages, marriage was a lesser sacrament.  History proves it, including histories taught in Catholic college sacraments classes.
70. The canons of the Council of Trent, which anathematize those who dare to deny to the Church the right of establishing diriment impediments, either are not dogmatic or must be understood as referring to such borrowed power. -- Ibid.
See 68.  Trent is history.
71. The form of solemnizing marriage prescribed by the Council of Trent, under pain of nullity, does not bind in cases where the civil law lays down another form, and declares that when this new form is used the marriage shall be valid.
See 68. Trent is history.
72. Boniface VIII was the first who declared that the vow of chastity taken at ordination renders marriage void. -- Ibid.
The right of the clergy to marry before ordination is not dispute, its settled.  The right of marriage after ordination should be granted and doing so is a matter of practice, not dogma.  The problem is the requirement of Continence, which is based on misogynistic views of sex within marriage rendering the celebrant of Mass impure.  This requirement must be repudiated as an insult to wives of clergy and laity. Whomever made the first declaration is immaterial
73. In force of a merely civil contract there may exist between Christians a real marriage, and it is false to say either that the marriage contract between Christians is always a sacrament, or that there is no contract if the sacrament be excluded. -- Ibid.; Letter to the King of Sardinia, Sept. 9, 1852; Allocutions "Acerbissimum," Sept. 27, 1852, "Multis gravibusque," Dec. 17, 1860.
Whether a marriage is sacramental is based on the intentions of the couple.  The start of many marriages today now predate the ceremony and this is not unique to modernity.
74. Matrimonial causes and espousals belong by their nature to civil tribunals. -- Encyclical "Qui pluribus," Nov. 9 1846; Damnatio "Multiplices inter," June 10, 1851, "Ad Apostolicae," Aug. 22, 1851; Allocution "Acerbissimum," Sept. 27, 1852.
The Church essentially takes on the functions of civil tribunals when it performs both the civil and religious functions in witnessing the marriage, at least in the United States.
75. The children of the Christian and Catholic Church are divided amongst themselves about the compatibility of the temporal with the spiritual power. -- "Ad Apostolicae," Aug. 22, 1851.
The Civil Power of the Pope was settled long ago.  Italy is free of it.  The roles of the Church in civil society are always in flux in both law and constitutions. The goal is utilitarian, not in protecting the superiority of the Church or Religious Power over society.
76. The abolition of the temporal power of which the Apostolic See is possessed would contribute in the greatest degree to the liberty and prosperity of the Church. -- Allocutions "Quibus quantisque," April 20, 1849, "Si semper antea," May 20, 1850.
It has.
77. In the present day it is no longer expedient that the Catholic religion should be held as the only religion of the State, to the exclusion of all other forms of worship. -- Allocution "Nemo vestrum," July 26, 1855.
True in America since my ancestors first landed (and a bit before) in both Plymouth and Jamestown, although the latter was not a champion of the free exercise of religion, as my family imposed both Quakerism and Anabaptism on the scene in New England and faced resistance from the state.  Constitutional freedom of and from religion is still a work in progress here, as are attempts to resist religious power.  Vatican II settled this question for the Church, repudiating Pius once and for all time.
78. Hence it has been wisely decided by law, in some Catholic countries, that persons coming to reside therein shall enjoy the public exercise of their own peculiar worship. -- Allocution "Acerbissimum," Sept. 27, 1852.
See 77
79. Moreover, it is false that the civil liberty of every form of worship, and the full power, given to all, of overtly and publicly manifesting any opinions whatsoever and thoughts, conduce more easily to corrupt the morals and minds of the people, and to propagate the pest of indifferentism. -- Allocution "Nunquam fore," Dec. 15, 1856.
Freedom of religion includes freedom from religion, from religious practice and from religious control over public morals in the area of popular expression (no more religious censors).  Since 1959, this has been firmly established. Attempts to use religious power to ban private matters, like contraception (private means exempt from public decision, not simply pubic view) and marriage equality are still considered progress and will continue to be.
80. The Roman Pontiff can, and ought to, reconcile himself, and come to terms with progress, liberalism and modern civilization.- -Allocution "Jamdudum cernimus," March 18, 1861.
The current one has.  After Vatican II that has been the rule.  Work is still needed on reimaging Original Sin as a sin of blame rather than disobedience and with salvation as Jesus experiencing human brokenness rather than as a blood offering of obedience.  The Church’s understanding of contraception (that gastrulation is the beginning of development, not fertilization) and homosexuality (which is caused by epigenetics before birth and is therefore not a choice, implying that homosexual congress is natural for those who developed that way) would also be appropriate.


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