SHOULD the Catholics Church acknowledge AIDS as a reason for marriage annulment?
This controversial proposal was recently voiced by a 32 year old Italian priest and canon law layer, Monsignor Massimo Mingardi, during an address to mark the inauguration of the ecclesiastical judicial year in Modena, near Bollogna.
Monsignor Mingardi argued that if one or both spouses had contracted the AIDS virus, then a case for marriage nullity could be argued on four different counts 1, fraudulent intention (the AIDS sufferer does not reveal his/her illness) 2, simulation (the AIDS sufferer does not view the marriage as having a procreative purpose) 3, breaking of marriage agreement (in the case where AIDS manifests itself after marriage and when the spouse believed his/herself to be marrying a healthy person) 4, lack of moral requisites (called "error concerning the quality of the person", the error made by a spouse who did not intend to marry an AIDS sufferer).
Such arguments for a Church annulment might also apply in the case of other serious illnesses.
Monsignor Mingardi, however, does on to suggest that AIDS in itself could become a reason for annulment, telling the Rome daily, La Repubblica, that "Given that AIDS. . can be extremely harmful for the healthy partner and can even put his/her life a4 risk, then the conjugal act in such circumstances becomes immoral behaviour, and becomes juridically unjustifiable."
Monsignor Mingardi's observations inevitably sparked immediate controversy, with Cardinal Ersilio Tonini of Ravenna pointing out that such a view does not represent official Church teaching.
"You cannot deny the right of (church) marriage to an AIDS sufferer. That is not Church teaching," Cardinal Tonini said.
"We cannot treat sufferers of this illness, or indeed any other illness as plague stricken. And we would deny them this in the name of what, given that AIDS can be contracted through a blood transfusion.
An Italian philosopher, Mr Umberto Galimberti, was equally outraged, commenting "Rather than accept the use of prophylactics, or safe sex, this lawyer prefers to break the love bond, dumping fraternity and charity in the corner."