Jesus gave a solution that upheld Moses while preventing the carrying out of the sentence which was the essence of the trap. Would you also have them define and regulate the Eucharist? All marriage contracts which are entered into voluntarily cannot be modified, cancelled, altered, etc. And with proper subsidiarity. Would you give the Devil control of marriage on a silver platter? The state is at best stupid, at worst corrupt. If they disagree the state will still have the use of violence to enforce their view.
That creates lots of evils. The church or the state? You would give them a sacrament? Did Thomas More lose his head over nothing? I only say that to point out not every contract or every provision is valid. One that has not been annulled? The Mosaic law said you must stone her to death. All marriage contracts which are entered into voluntarily cannot be modified, cancelled, altered, etc. The marriage issue arises because we have cast this pearl before swine — rendered a sacrament unto Caesar. The only exception might be a juror engaging in nullification, but if the juror has expressed his belief in nullification and is seated anyway the result will be just. Then the devil will enter and corrupt and possess those men and the institution. Would you also have them define and regulate the Eucharist? And with proper subsidiarity. The executive can use pardon powers or the legislature can alter it if it is in error. Who decides on the validity of any particular marriage? Right now Catholic sacramental marriage is not legally enforceable. But perhaps you would have a better solution? As to contracts, consider a faithful Catholic being asked to arbitrate a contract between two pagans or even two Muslims where the contract says it is under sharia law — note Muslims are strictly against Usury, so a comparison of the definitions might be useful. He shall reign forever and ever, Alleluia! I would not let my property or liberty, much less my life depend on corrupt people who claim to follow Jesus Christ, or worse Pagans. This tends to automatically promote a minimalist and subsidiarity based government. Yet the pandemic of the latter seems not even to be an issue. What about a marriage contract after a civil divorce? The kingdoms of this world have not yet become the kingdom of our Lord and of his Christ. I cannot think of anyone alive sufficiently wise. I would trade allowing a small bit of nonsense for the right to recognize the indissolubility even in private contract. Would you give the Devil control of marriage on a silver platter?
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