Program / Course 22: Christian Ethics / Lesson 3.3
What you will learn
- Explain the biblical idea of marriage as covenant and the teaching of Jesus and Paul on divorce.
- State the Catholic view of marriage as a sacrament and its teaching on indissolubility and annulment.
- Describe the Orthodox and Protestant approaches to divorce and remarriage.
- Identify the strongest arguments for strict and for more flexible positions.
The big idea
Scripture describes marriage as a covenant, a binding promise before God, and the New Testament compares it to Christ’s love for the church. Catholic and Orthodox churches call it a sacrament. Jesus’ teaching on divorce is strict, yet the churches have not agreed about what it requires. Catholics teach that a valid marriage cannot be dissolved and use annulment to declare that some were never valid. Orthodox churches allow remarriage after divorce as a concession to human weakness. Protestants vary widely. Each position tries to honor both fidelity and mercy.
Key terms
- Covenant
- A solemn binding agreement made before God, with promises and obligations. Malachi 2:14 calls a wife the wife of a man’s covenant.
- Sacrament
- In Catholic and Orthodox teaching, an outward sign through which God gives grace. Marriage is one of the seven.
- Indissolubility
- The teaching that a valid marriage cannot be dissolved by any human power while both spouses live.
- Annulment (declaration of nullity)
- A Catholic church tribunal’s finding that a marriage was never valid because an essential element was missing at the start. It is not a divorce.
- Oikonomia (economy)
- In Orthodox practice, pastoral flexibility that applies the church’s rules with mercy in particular cases.
- Exception clause
- The words in Matthew 5:32 and 19:9, “saving for the cause of fornication” and “except it be for fornication,” which have been read in different ways.
- Pauline privilege
- A Catholic teaching based on 1 Corinthians 7:12-15 that allows a convert to remarry if an unbelieving spouse departs.
Background
In Genesis, marriage is part of creation: “Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh” (Genesis 2:24). The prophets use marriage as an image of God’s covenant with Israel (Hosea; Isaiah 54). The law of Moses allowed a certificate of divorce (Deuteronomy 24:1-4). Jewish teachers in Jesus’ time disagreed about its grounds, with the school of Shammai allowing it only for serious wrong and the school of Hillel for wider causes.
When Jesus is asked about divorce, he answers that Moses allowed it because of the hardness of their hearts, but from the beginning it was not so (Matthew 19:3-9; Mark 10:2-12). Mark and Luke report the prohibition without exception (Mark 10:11-12; Luke 16:18). Matthew adds the exception for fornication (porneia). Paul passes on the Lord’s teaching that a wife should not depart from her husband and a husband should not put away his wife (1 Corinthians 7:10-11), and gives his own judgment about believers deserted by unbelieving spouses (7:15). Ephesians 5:22-33 compares marriage to Christ and the church, calling it a great mystery. These texts are the basis of every later position.
Step-by-step explanation
Step 1: Marriage as covenant
Many Protestant traditions emphasize covenant. In the Reformed tradition, marriage is a covenant made before God and the community, ordained at creation for the good of the couple, the begetting of children and the avoidance of sin. The Westminster Confession sets out these purposes. Luther said that marriage is an earthly and not a sacramental matter, though it is a holy estate instituted by God and a blessing to be honored.
Covenant language stresses faithfulness. God’s covenant faithfulness to a sinful people is the model for the husband and wife who keep their vows through difficulty. This image raises the stakes of breaking the vow. It also suggests, to some, that covenants can be broken when one party has already broken them by adultery or abandonment, as Israel is described as having been divorced for her unfaithfulness (Jeremiah 3:8).
Step 2: Marriage as sacrament and the Catholic view
Catholic teaching holds that marriage between baptized persons is a sacrament, in which husband and wife are the ministers, and by which Christ gives grace to them to love as he loves the church. A valid, consummated marriage between baptized persons cannot be dissolved by any human authority. This teaching rests on Jesus’ words, “What therefore God hath joined together, let not man put asunder” (Matthew 19:6), and on Paul’s comparison to Christ and the church.
The church distinguishes between divorce and a declaration of nullity. A tribunal examines whether, at the time of the wedding, something essential was lacking, such as free consent, the capacity to assume the obligations of marriage or the intention of permanence and fidelity. If so, the church declares that no valid marriage existed. Critics, including some Catholics, say annulments can seem like divorce under another name, and in 2015 Pope Francis streamlined the process. Defenders say the practice upholds both the permanence of marriage and the truth about each case. Catholics who divorce without annulment and remarry civilly are by church discipline not admitted to communion, a question much discussed in recent years, in which Pope Francis in Amoris Laetitia (2016) encouraged pastoral discernment, and bishops interpreted that in differing ways.
Step 3: The Orthodox approach
Orthodox churches also hold that marriage is a sacrament, with the priest blessing the couple and the crowning as a central rite. They teach that marriage is meant to be permanent and that divorce is a tragedy, the result of sin. Yet they permit remarriage after divorce under the principle of oikonomia: the church, as a physician, applies a remedy for human weakness. A second marriage is allowed with a penitential tone, and a third is discouraged and rarely permitted.
Orthodox writers justify the practice by pointing to the exception in Matthew, to the early church’s treatment of adultery as breaking the marriage and to the church’s care for the soul of the person whose marriage has died. Catholic critics say that this departs from Jesus’ teaching, and Orthodox replies state that the church has always acted with mercy to those who sin and repent.
Step 4: Protestant positions
The Reformers allowed divorce for adultery and for desertion, appealing to Matthew 19:9 and 1 Corinthians 7:15, with permission to remarry for the innocent party. Calvin and the Westminster Confession accepted both grounds. Many evangelical and Reformed churches hold this position today. Some stricter Protestants, including some Baptists and others, hold that remarriage after divorce is adultery while the former spouse lives. Others, such as a number of mainline churches, allow divorce and remarriage for wider reasons, seeing marriage as a covenant that can die and emphasizing forgiveness and a new start. Some Anglicans, in the Church of England, restricted remarriage for many decades and changed their rules in 2002 to permit it in some cases.
The debates concern how to read Jesus’ strict words together with the exception clause and with Paul’s judgment. Some scholars, such as David Instone-Brewer, argue from rabbinic texts that Jesus condemned divorce on frivolous grounds while allowing it for the grounds the Torah gave, including neglect and abuse. Others reject this reading and hold that the stricter tradition is correct. Many Christian writers agree that abuse or violence can warrant separation and protection of the victim, even when they differ on remarriage.
- Does the tradition describe marriage mainly as a covenant, a sacrament, a contract or all of these?
- How does it read Jesus’ teaching in Matthew, Mark and Luke, and the exception clause?
- What does it teach about the end of a marriage by death, desertion, adultery or abuse?
- How does it balance fidelity to the teaching of Christ with mercy toward those whose marriages have failed?
- What does the position say about the person who is remarried?
- What is the strongest argument against the position?
Examples
An annulment case
A Catholic woman marries young and finds that her husband had no intention of being faithful and had hidden serious problems. After years of misery she separates. A tribunal examines whether the consent was valid. If it finds that it was not, the church declares the marriage null, and she is free to marry in the church. If it does not, she remains bound. (A constructed example, simplified.)
An Orthodox second marriage
An Orthodox man whose marriage has ended in divorce asks his bishop for permission to marry again. The bishop meets with him, considers repentance and the circumstances, and, if satisfied, permits a second service of a penitential character. The church does not call the first marriage a mistake in sacramental terms but treats the divorce as a result of sin. (A constructed example.)
Abuse and separation
A pastor in an evangelical church counsels a woman whose husband is violent. He urges her to take her children to safety, to seek protection and not to remain. He says that the Bible does not require anyone to stay in danger. Churches across the traditions now generally teach this, though some in the past gave harmful advice. (A constructed example.)
Different perspectives
Catholic
The Catechism teaches that a marriage between baptized persons, once validly contracted and consummated, can never be dissolved, because it expresses the unbreakable bond of Christ and the church. Separation of spouses is allowed in some cases, and civil divorce may be tolerated, but remarriage while the first spouse lives is contrary to Christ’s law. The church offers pastoral care to those in difficult situations, and the tribunals judge cases of nullity.
Orthodox
The Orthodox churches teach that marriage is a sacrament and an icon of Christ’s love for the church. They hold that divorce is a result of sin but allow remarriage in a penitential rite by economy, with limits. Some Orthodox theologians have criticized the practice as too easy, and others stress that it reflects the church’s mercy.
Protestant (Reformation tradition)
Lutheran and Reformed confessions hold that marriage is a holy estate and a covenant, and permit divorce for adultery and desertion, with remarriage for the innocent party. Pastors are urged to attempt reconciliation first. Luther and Calvin both condemned lax divorce and cruelty in marriage.
Protestant (strict and flexible positions)
Some Protestant groups hold that Jesus allowed no remarriage after divorce, even for adultery, and teach that those who remarry are living in sin unless the former spouse has died. Others, in mainline and many evangelical churches, hold that divorce is a sin but forgivable, and that remarriage may be blessed in cases of repentance. These groups each appeal to Scripture.
Secular and scholarly
Secular thought commonly treats marriage as a legal contract and a personal commitment that may be ended by consent, with no-fault divorce now widespread in many countries. Social scientists study the effects of divorce on adults and children, with findings that are debated, and historians note that divorce law has varied widely. Some secular thinkers argue for stronger commitment, while others emphasize individual autonomy.
Why it matters
Marriage and divorce touch almost every congregation, and the churches’ teaching has direct effect on who may marry, who may receive communion and how people who have suffered are treated. Knowing the grounds of each position helps a reader understand both why the churches have taught strict permanence and why they have developed ways of mercy. It also prepares for conversations in which people carry both loyalty to Christ’s words and the pain of a broken marriage.
Common misunderstandings
Misunderstanding: A Catholic annulment is just a Catholic divorce.
Correction: An annulment declares that a valid marriage never existed. It does not dissolve a valid marriage. Critics may argue that the practice is too lenient, but the church holds that the distinction is real.
Misunderstanding: Orthodox allow divorce because they do not take marriage seriously.
Correction: Orthodox teaching describes marriage as a sacrament and divorce as a tragedy. The permission of remarriage reflects a pastoral principle, economy, which Orthodox theologians defend as mercy.
Misunderstanding: Protestants do not believe marriage is sacred.
Correction: Protestants do not count it among the sacraments but hold that it is a holy estate ordained by God, and the Reformers praised it highly. Reformed teaching stresses covenant.
Misunderstanding: Jesus’ words on divorce are clear and every church takes them the same way.
Correction: The Gospels differ on whether there is an exception, and the churches read the texts differently. All, however, begin from Jesus’ statement that from the beginning it was not so.
Knowledge check
What does Jesus say about divorce in Matthew 19, and how is it understood?
He says that Moses allowed it because of hardness of heart but that from the beginning it was not so, and that whoever divorces except for fornication and marries another commits adultery. The churches differ on the meaning of the exception clause and on whether remarriage is ever allowed.
What is the Catholic teaching on indissolubility, and what is an annulment?
A valid consummated sacramental marriage cannot be dissolved by any human power. An annulment is a finding by a church tribunal that an essential element was lacking at the beginning, so no valid marriage existed. It is a judgment about the past, not a termination of an existing marriage.
How do the Orthodox justify remarriage after divorce?
They appeal to economy, the church’s pastoral power to apply a remedy to human weakness, and to the exception in Matthew. A second marriage is allowed with a penitential rite, a third is discouraged. The church still teaches that marriage is a sacrament meant to be permanent.
What grounds for divorce did the Reformers accept?
They accepted adultery, citing Matthew 19:9, and desertion by an unbelieving spouse, citing 1 Corinthians 7:15. In these cases the innocent party was free to remarry. Many Reformed and Lutheran churches still teach this, while some more strict and some more flexible groups differ.
Think it through
- How might a church hold strictly to Jesus’ words and still care for those whose marriages have failed?
- Do covenant and sacrament mean the same thing for the permanence of marriage?
- Why did the churches reach such different practices from the same texts?
- What do you think is the strongest argument for each of the three approaches?
Independent assignment
Three churches and one text
In your notebook, write 400 to 600 words. Read Matthew 19:3-9 and 1 Corinthians 7:10-16. Explain in a paragraph each how a Catholic, an Orthodox and a Reformed writer would read these passages and apply them to a divorced person who wishes to marry again. State the strongest objection to each reading. Do not send this to anyone or post it anywhere.
Further study
- Catholic Church, Catechism of the Catholic Church Read the sections on the sacrament of matrimony and on divorce.
- Westminster Assembly, The Westminster Confession of Faith Read the chapter on marriage and divorce.
- Timothy (Kallistos) Ware, The Orthodox Church Read selectively on marriage and the sacraments in the Orthodox church.
- John Calvin, Institutes of the Christian Religion Read the discussion of marriage in the chapter on the false sacraments.
- Malachi 2:16 God hateth putting away.
- Matthew 19:6 What God hath joined together.
- 1 Corinthians 7:15 If the unbelieving depart, let him depart.
- Ephesians 5:32 A great mystery concerning Christ and the church.