It seems that the Second Vatican Council tactics are back. During the Council, drafts of the documents still under discussion were leaked to friendly journalists, in order to influence the outcome and favor the more progressive positions. It is not accidental that Benedict XVI has spoken about a «Council of the media» and a «real Council». Nowadays, everything has changed. The instigators of the «Council of the media» are now commanding the levers of the information flow. Therefore, it is imperative that the “real” document be circulated, or at the very least an update on the state of the discussion thus far.

It is a very sensitive discussion. In his most recent interview, granted to the Italian newspaper “Corriere della Sera”, Pope Francis stated that to talk about the family is the first step toward a discussion about a general crisis of society. His aim – he indicated – is to make praxis a pastoral approach, leaving case analysis aside. Pope Francis underlined this in reference to several different issues, from euthanasia to birth control, and to the pastoral care of the divorced and remarried. Speaking about birth control, he quoted Paul VI’s encyclical Humanae Vitae, and referred to him as a genius who pulled the brake on a misguided cultural trend, reiterating the tradition of the Church «despite it running countercurrent.» Pope Francis then added that the very Paul VI used to recommend confessors to be merciful.

Recalling Paul VI words helps us to see that exercising pastoral care in a way that looks at the issue on a case-by-case basis is not new. Pope Francis, in fact, wants to specifically underscore a pastoral approach, in the midst on an ongoing crisis of the Church which is yet to relent. But above all he is riding the waves stirred up by the deliberations of the general congregations, i.e. the pre-conclave meetings. «[When I was elected] I did not have a program for the renewal of the Church– Pope Francis said to “Il Corriere della Sera – I am acting on the basis of the outcome of the general congregations.»

The general congregations have been dominated by the old establishment cardinals, by the gang of old diplomats that was certainly shrewder in the wheeling and dealing of a secret vote with plenty of unknowns. The possibility of electing Jorge Mario Bergoglio had been raised all-too casually from the beginning,  and increasingly gained momentum during the votes until his election as the person to carry forward a precise program of government. The Curia of the old days is back, and with it discussions that, up until now, seemed to had been set aside some 30 years ago.

That of communion for the divorced and remarried is a particularly difficult issue. The expectation of a “shift” of position about it has been constantly increasing since Pope Francis was elected, as if it were a fundamental issue. The press underscored Francis’ “progressive outlook,” his open mind, almost taking for granted that a shift of paradigm was simply a must. The discourse in the media portrayed a Pope Francis as someone different from who he really is. Some themes from the period following the Second Vatican Council – which were thought had been dealt with and brought to a closure – are current again. Pope Francis will have to watch out for an agenda set by the media.  A media that will turn against him when they realize he is not about to meet their expectation of fulfilling that agenda.

As soon as an extraordinary synod for the family was announced, the pressure for a change in the Church’s doctrine became really strong. The pressures mostly came from the German language Churches. Not by coincidence, during his 2011 trip to Germany, Benedict XVI warned about a Church rich in works and poor in principles, a clear and painful reference to the German Church, rich because of the kirchensteuer, the tax on religion, and at the same time ever more drifting away from Christian principles. The German-speaking world gave birth – in Austria – to “We are Church”, a far-leaning progressive Catholic association. And, again, it was the German-speaking world that gave birth to the Pfarrer Initiative, a proposal from priests and theologians that called for a change in the Church’s doctrine with regards to the divorced and remarried, civil unions, and women in the priesthood.

Benedict XVI was keenly aware of these issues. In a meeting with the Swiss bishops in 2006, he recalled that – when he was Prefect of the Congregation for the Doctrine of the Faith and occasionally traveled back to Germany – he was always asked about these very same topics (communion to the divorced and remarried, civil unions, and allowing women to join the priesthood), and he warned not to be concerned constantly and exclusively with moral precepts, since the Christian faith is not just a compilation of precepts.

Pope Francis has also mentioned on several occasions and in different settings that he does not want a moralistic Church, either. He does want a Church that addresses and sheds light on the challenges at hand. Perhaps this is why he called Cardinal Walter Kasper to address the consistory. Cardinal Kasper himself had been, in the early 90s, among the signatories of a document by the bishops in the Rhine region. The document contemplated the possibility for people married and divorced living in a second union to receive the Communion. The Congregation for the Doctrine of the Faith, then led by Cardinal Ratzinger, called them back to obedience.

The main topics of that 1993 document found echo in the sophisticated presentation by Cardinal Kasper. Ultimately, Kasper recognized that the problem of divorced and remarried who want to receive communion relates to a small portion of believers. And the theme of the divorced and remarried is addressed only in the fifth section of the speech. But it is nevertheless the real focus. And the text reaches this focal point through a series of opaque, almost misleading, statements.

Cardinal Kasper led off from the premise that so many people nowadays have abandoned their faith; they are «baptized, not evangelized,» baptized catecumeni, if not baptized pagan even. Therefore – Kasper maintained – «we cannot start with a list of teachings and commandments, and become fixated with the so-called ‘hot issues’.»

After affirming that «with respect to some situations, the Church cannot propose a solution that is different or in contrast to the words of Jesus,» Cardinal Kasper presented two arguments, yet left it to the synod of bishops the task to come up with more definite solutions.

One approach, Cardinal Kasper proposes, is to develop a more spiritual and pastoral procedure for the causes of marriage annulments.  He contemplates entrusting a priest with pastoral experience the decision to annul, instead of submitting the cause to the ecclesiastical courts (as foreseen by Canon Law). But this approach, some note, would lead to the dismantling of the Congregation for the Doctrine of the Faith, and finally to a come up with your own faith process, i.e. a faith left to the diverse sensitivities of priests from all over the world. The Church, pragmatically, has always maintained these two stages in decision-making to declare the nullity of a marriage in order to preserve the sacrality of the marriage and to have homogeneous decisions.

In fact, the very structure of the Church is questioned. What one can read between the lines of Kasper’s presentation is that, on the one hand, there is Jesus, prompt to listening, and then there is the Church, all-too rigorous and not sufficiently merciful.

In his second argument, Cardinal Kasper recalls what the Congregation for the Doctrine of the Faith stated in 1994 (and was later reaffirmed by Benedict XVI in 2012). In some cases – it was stated – the divorced and remarried who cannot receive the sacramental communion can receive the spiritual communion. But – the cardinal argues – if «he who receives the spiritual communion is one with Jesus, how can he be in contradiction with the commandments of Christ? Why, thus, could he not also receive the sacramental communion?»

Cardinal Kasper’s reasoning could give rise to other questions: why is this logic not applied to confession? If the faithful has really repented of his sins, and he spiritually asks for forgiveness to God without the mediation of a priest, why could he not receive absolution? It is evident that following the criteria of the spiritual feeling, we devoid the sacrament of its very essence, and would find ourselves in the very same path of Protestantism.

Kasper also spoke about the early Church, and underscored that there had been some cases of second quasi-matrimonial bonds following situations of adultery in the first union. «It is certain – Cardinal Kasper said -  that in some local Churches there was a common law right that allowed for some Christians to experience a new relationship, with a second partner, even when the first partner was still alive.  This happened after a period of penance, and did not give them a second avenue, not a second marriage, but rather, through participation in the communion, a board for salvation.»

Cardinal Kasper also quoted some of the fathers of the Church, saying they favored this idea. However, such an assertion is contrary to the views set forth by the Jesuit Henry Crouzel in an article published in the Jesuit-run magazine “La Civiltà Cattolica” in 1970. In the article, Crouzel underscored that «it is unacceptable hearing so many remarkable canon law experts asserting as a fact proved by evidence that the current ‘eastern’ discipline concerning the divorce and new marriage is substantially that of the Greek fathers of the 4th and 5th century, which is simply false.»

Father Crouzel’s position, backed with extensive documentation, is that «we ought to demand from theologians and canon law experts that, rather than basing their information about complex issues on books written in a hurry and meant to impact the public at large — following a tactic that reminds us of pressure groups’ efforts to influence the public — they dedicate the attention and time that is required to study more difficult books which are the result of real scientific research. Rather, they find these books too long, too complicated, and they do not have the courage to read them.»

Crouzel evidently puts the finger on a still-open wound. The main reactions to Cardinal Kasper’s words (who then re-launched his agenda in following interviews, also calling for more space for women in the Church) came from the top levels of the German Church, like Cardinal Rainer Maria Woelki, archbishop of Berlin, and the Prefect of the Congregation for the Doctrine of the Faith, Cardinal Gehrard Ludwig Mueller.

At the offset of the debate, Mueller wrote an article for the Vatican daily newspaper “L’Osservatore Romano” to reiterate the doctrine of the Church. The clarification was needed because of a leak from the dioceses of Freiburg, that is administrated by Archbishop Robert Zoelltisch, President of the German Bishops’ Conference. It was an unfinished working paper, according Zoellitsch, which gave divorced and remarried people access to Communion without a penance which would have included a change in lifestyle.

During recent days, Cardinal Mueller has come back to the issue. His most important intervention was in Milan last February 13, in his lectio magistralis for the inauguration of the academic year of the School of Theology of Northern Italy.

There, Mueller underscored that «the critical rigor of theology should first of all make it steer clear from the superficiality of those who indulge in the mundane contexts created by the pressures of the media and of mentalities which are incompatible with the authentic content of the faith: just think about how inappropriately casual is the theologizing over themes like women in the priesthood, the Church’s authority, the access to sacraments for those who are not in full communion with the Church.»

John Finnis had the courage to go beyond this instructions book. A legal positivist in the past, he then changed his point of view – he also converted to Catholicism -, and looked beyond the written «one way» history often taught in schools. He decided to identify, as the founder of modern thought, a theologian — a Dominican friar whose philosophic vision cannot stand without his faith.

How many «John Finnis» are in the world? A lot, indeed. There are those who studythe history of human rights and reveal they did not rise with Enlightenment and legal positivism, but much earlier, with the Salamanca Dominican School and the report of the Indias by Bartolomé de Las Casas. There are those who study the history of the law, and show that, yes, the Inquisition degenerated horribly, but the reason why it came into being was to reform judicial procedures, and to institute a person-centered trial. Before, accused persons had to defend themselves from any given accusation.  In the Inquisition’s trials, the accused is presumed innocent until proven guilty.

There is a whole visible – and yet hidden – world delineating the contours of a culture directly rooted in Catholicism.A world that Catholic-inspired institutions should call our attention to. Recently, much has been written and said about Benedict XVI’s Twitter account. A really big deal? Not at all. In fact – as father Antonio Spadaro, director of the Jesuit bi-monthly Civiltà Cattolica, rightly put it – Benedict XVI’s twitter account is a direct consequence of the radio messages inaugurated by Pope Pius XI.  Radio messages that, with Pius XII during the Second World War, acquired the very force of a social encyclical.

The issue is not about having a Twitter account or not, or about reaching out to bloggers – as the Vatican did in a Meeting for Bloggers held the day after John Paul II’s beatification. The issue is not even the need to have a portal like news.va, a news aggregator which also works as a Vatican official channel for news. All of this is important, but it is just cosmetic. And the way it is managed can serve to increase visibility, but fails in delivering content, which is most important. It seems it was a long time ago that Pope Pius XI, conscious of the importance of the Church’s message, hired Guglielmo Marconi to build and start the Vatican Radio.

But many – inside the Holy See – are not fully aware of the value of the message that they have a role in transmitting.  They are not conscious of the importance to tell and communicate that message. This is ultimately the reason why there is little coverage of the lively Catholicism of parishes, and why Catholic culture and transmitting the Church’s history are not supported. Much should be rewritten in history books, to show the role of Catholicism in the world. But the Catholic intelligentsia seems not to be conscious of it. It is so unconscious about it that – for example – the administration of seminaries is transferred to the Congregation for the Clergy and taken away from the Congregation for Catholic Education– despite the fact that the latter provided a comprehensive education, not just one for sacristies.

Catholic thought is now spread thanks to some small initiatives. Far from being just “local”, these initiatives can be considered small flowers that blossom in the desert.They need to be fully appreciated. In Italy, there are at least two noteworthy examples.

The Circolo San Tommaso d’Aquino is a cultural association of young people and for young people, founded in Aquino – the birth place of Thomas Aquinas – in 2009. It publishes I Quaderni Aquinati, book series, which most recent additionis Thomas Aquinas’ Integral Humanism, by the philosopher Massimo Cacciari, the theologian Inos Biffi, and Card. Gianfranco Ravasi, president of Pontifical Council for Culture.  The mission of the Circolo San Tommaso d’Aquino is to spread Thomas Aquinas’ thoughts and works. This is why every year it promotes an International competition – called Veritas et Amor – awarding two 3,000 euro scholarships to scholars up to 35 years old: the first scholarship is for a paper or thesis that updates the relevance of Thomas Aquinas thought – not only regarding theological issues, but also diplomatic, political and social issues; the second scholarship is awarded to an art work inspired by Thomas Aquinas’ writings. All of the Circolo San Tommaso initiatives have been inspired by what Paul VI said when he visited Aquino in 1974 to celebrate the 700 anniversary of Aquinas’ death. On that occasion, Paul VI spoke off the cuff. The Circolo found the recording of that speech and published it in a Dvd. «Where, if not in Aquino – Paul VI said – can anyone study theology?»

The Cardinal Michele Giordano Prize (in memory of cardinal Michele Giordano) has been sponsored by L’Orientale Editrice publishing house. Established in memory of the mourned archbishop of Naples (he died in 2010), the prize recognizes a book of religious interest published in 2012 (a commission will choose three finalists, and the winner will be elected via a facebook vote), thus stimulating and rewarding Catholic publishing. The prize was inspired by Cardinal Giordano’s keen appreciation for the media. As archbishop of Naples, he came up with the “Premio Buone Notizie” (good news prize), which he awarded to prominent journalists.

The development and promotion of Catholic culture is linked to initiatives like the ones promoted by Circolo San Tommaso e L’Orientale Editrice. The Catholic world lacks organizations with open-minded criteria, institutionally supported, that can invest on these initiatives and help to promote Catholic thought. Institutional coordination is also lacking. This coordination could be managed by the Pontifical Council for Social Communications, so that every initiative, even small ones, be assessed and appreciatedat the international level. And so, there is still a visible, yet hidden, Church. Individual initiatives are the engine that supports the history, thought and life of the Church. Yes, this is subsidiarity – i.e., if a single, a small community can do something, the central institution must not interfere – a cardinal principle of the Social Teaching of the Church. However, subsidiarity also needs support from the top-levels. And this support cannot always be just a sponsorship