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  • Amours: L’Église, les divorcés remariés, les couples homosexuels by Adriano Oliva
  • Thomas M. Osborne Jr.
Amours: L’Église, les divorcés remariés, les couples homosexuels. By Adriano Oliva, O.P. Paris: Cerf, 2015. Pp. 166. €14.00 (paper). ISBN: 978-2-204-10679-5.

This book, written by a Dominican priest who is president of the Leonine Commission, has generated public controversy primarily on account of its treatment of homosexuality. For instance, the French news magazine Le Point published an article on it called “How Saint Thomas Justifies Homosexuality.” This perception is bolstered by the cover artwork of Saints Sergius and Bacchus, who are considered in some circles to be patron saints of homosexual love. In fact, the book has two distinct parts. The first part is entirely on marriage between persons of the opposite sex. Oliva argues that Thomas Aquinas’s teaching on marriage was obscured in the nineteenth century, reappropriated by the Second Vatican Council, and now can be used to justify the reception of Communion and sacramental penance by Catholics who divorce and remarry while their spouse is still living and their marriage is not annulled. Only in the second part of the book does Oliva argue for the civil and ecclesiastical recognition of homosexual unions that are not marriages.

The book is addressed to a general audience, although it refers to scholarship when needed. Oliva’s purpose is to use Thomas to contribute to contemporary theology and pastoral care. He does not entirely reject magisterial teaching on sexual ethics. For instance, he sympathetically discusses the treatment of heterosexual sex in Humanae vitae, and is generally opposed to simultaneous sexual relationships that are between more than two persons.

In the first part of the book, Oliva notes that for Thomas marriage has a twofold perfection. The first perfection consists in the union of the spouses (which need not involve sexual acts), and the second in the generation and education of children. According to Oliva, only the first perfection is essential to marriage, which is shown by the fact that a marriage is valid even if the spouses voluntarily choose to abstain from the sexual act. Oliva eventually argues that recognition of this point should lead to the acceptance of second marriages (i.e., marriages after divorce) and the recognition that circumstances might prevent sexual acts in such marriages from being sinful.

According to Oliva, Thomas’s understanding of the essence of marriage was used by the Fathers of the Council of Trent in what he describes as a decision to avoid the condemnation of divorce and remarriage for those in the Christian East. This interpretation of Trent is highly questionable and seems to rely partly on Giancarlo Pani’s recent popularization of Piet Fransen’s controversial scholarship (147 n. 41). In fact, Oliva does not show how Thomas’s understanding of marriage was supposedly used against those who wished to condemn divorce and remarriage. In general, he ignores the Council of Florence and various medieval and late Scholastic discussions of marriage, and generally passes over theologians from outside the Dominican Order. [End Page 137]

Oliva correctly notes that the Catechism of the Council of Trent follows Thomas in distinguishing between three motives or ends of marriage, namely, society and mutual support, procreation, and the remedy for concupiscence. He passes over the other motives discussed in the Catechism, such as beauty, wealth, and the desire for heirs. Moreover, he does not mention the Catechism’s discussion of the three goods of marriage, namely, union, children, and fidelity, and how these might be related to marriage’s motives and essence. This oversight is odd because the Catechism’s treatment resembles Thomas’s discussion in the Summa contra Gentiles, book IV, chapter 78, in which Thomas explains how marriage is ordered to procreation. In general, Oliva neglects texts that might not fit well with his interpretation of Thomas, such as this chapter and the unedited IV Sentences, d. 33, q. 1, a. 2c.

Oliva argues that Thomas’s teaching on the essence of marriage was neglected by the Magisterium and rejected by the 1917 Code, although it was revived to some extent...

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