The Orthodox Church’s Stance on Abortion in Cases Involving Rape and Incest

The following article is taken from Orthodox Pro Life: Abortion Information Center. The essence of all these patristic teachings is, “There is no excuse whatsoever for an abortion.”

“. . . the willful abortion of children is an act of murder, and the sinful character of that act always remains, even when conception has taken place in the most tragic circumstances.” – Metropolitan Theodosius, Orthodox Church in America, 1980

* * * * * * *

“The Church affirms that life begins at the moment of conception, and once this new life has begun in a woman, even in cases of rape or incest, she can no longer think solely of herself. Her life and the life of the baby are in the hands of the Lord. While rape and incest are grievous sins, the Church does not permit one sin to be resolved by allowing for an even greater sin to follow.” – Bulgarian Eastern Orthodox Diocese of the USA, Canada and Australia

* * * * * * *

After the Turks entered Cyprus and the rapes which occurred, the Cypriot Church allowed abortions for these circumstances. So someone asked Elder Epiphanios (Theodoropoulos) if this was correct or not. And he answered:

“No! It is not correct. If the raped woman was worldly, then no question is posed – she will not ask the Church what to do, anyway. If, however, the girl is faithful, then she will keep the fruit of her rape and when she appears before God, she will tell Him: Because of the words of Your lips, I kept harsh ways (Psalm 16:4). That child was my disgrace, my martyrdom, my cross. I kept it and did not transgress Your will. Think with what boldness such a woman will stand before the throne of God!”

The questioner then said to the Elder: “What is higher though: life or honor? I think honor. So precisely so, that such a girl can avoid public mockery from the birth of an illegitimate child, it would be good for her to proceed to abortion.”

The Elder responded: “There is however, a big difference, which you are not taking into consideration: You do not have the right to keep your honor, taking away the life of someone else, as is the conceived embryo. Life and honor can consequently be compared but only when they coincide in the same person.”

Counsels for Life: From the Life and Teachings of Father Epiphanios Theodoropoulos

π.Επιφάνιος,από Σεβασμιώτατο Εδέσσης
Elder Epiphanios was strict in applying canons to himself, but recognised the need for oikonomia for others, and could bend the rules where needed for pastoral work.

* * * * * * *

Parents, who themselves have been violated by their child being violated in instances of rape or incest, often want the solution that seems to offer the quickest solution for the child and all involved. Choosing abortion, while it may seem to be the quickest of choices, in fact itself leaves many more scars for the person already victimized. The author is very mindful of the violation that has taken place, and offers the wisdom of the Church as a possible means to real healing. It is the belief of this author that the person violated by rape or incest, is again violated through abortion and that by carrying and bearing the child and offering the child up for adoption to a loving couple can very well be a source of healing and strength at this most difficult time. In any of the instances above, the choice to abort or not to abort has much to do with those surrounding the young person and what they counsel and support. Fr. John Kowalczk reminds all of us surrounding those dealing with a crisis pregnancy: Any involvement in an abortion; having one, performing one, condoning one, is an action against God. Abortion can be termed a hostile act of rebellion against God’s very work of creation. And do not the words “hostile rebellion against God” sum up the very essence of the work of Satan? (Moral and Ethical Issues Confronting Orthodox Youth Across North America by Archpriest Joseph F. Purpura)

* * * * * * *

“If abortion were illegal, what about victims of rape and incest?”

By Valerie Protopapas, Executive Secretary and Educational Director of Orthodox Christians for Life

Cases of rape and incest very rarely lead to pregnancy for a variety of reasons. In cases where they do, we must remember that the child in the womb is not guilty of any crime but is also a victim. As we do not ask the death penalty for the actual criminal of rape or incest, why should we demand it for the second innocent victim?

Also, abortion leads to increased trauma as the victim will suffer the emotional and possibly physical damage which is common to all abortions. Between 50 and 80% of all women who have had abortions suffer mild to severe psychological trauma although it may take up to 8 or 10 years before manifesting itself. This is simply piling the trauma of abortion upon trauma of rape or incest. A woman who carried through such a pregnancy may indeed wind up far better off physically and psychologically than a woman who chooses to abort.

Finally, we must remember that, as Christians, we are obligated to offer God’s compassion to the woman, not “the compassion” that is of the world. The world says that the woman would be much better off killing her child. This so-called “compassion” is wicked and leads to spiritual, moral, and sometimes physical death. God’s compassion has more respect for the sufferer, offering the suffering of His Son as an example in our distress and the promise of His eternal love and constant support in times of trial.

http://oca.org/resource-handbook/familylife/common-pro-abortion-cliches-and-the-pro-life-response  

March-for-Life-Banners

* * * * * * *

When man is in pain Christ visits him. Some say: “Geronda, is this not cruel? Why did God allow this? Does He not suffer seeing us in pain?” Geronda answered: “God is in pain, too, seeing men tormented by illness, demons, barbarians… but He has great joy knowing the heavenly reward that He has prepared for them.” (Geronda Paisios of Holy Mountain, On Pain and Suffering)  

* * * * * * *

There was a time in my life when I spoke to a great deal of troubled women, counseling them and trying to help them through their pain and difficulty. Battered women, abused women, rape victims, former child molestation victims, etc. One theme that came back to me from these women again and again was that carrying the baby through to pregnancy actually helped healing and brought good out of the darkness, shame, fear, and horror of rape or incest. Another theme [from those victims that did choose abortion] was shame and deep sorrow at having put their baby to death. But this is the side nobody will tell, [our society] doesn’t care to listen to what these women have to say, they don’t care even if they did listen. It contradicts the story line they want to tell, it conflicts with their politics, and so it doesn’t count. www.str.org

* * * * * * *

It is necessary to provide women who are pregnant respect. They need our protection. This is also very true in the case of the single mother who has been abused and violently raped. This is what happened during the Turkish invasion in Cyprus in 1974. On one hand we have the tragedy of women being raped and on the other we have a life in the womb, a living man who is not in fault and who is part of the woman’s body. Who knows what that person will be become because in each case man is made with the hope that he can become like God.  (Fr. George Metallinos, University of Athens, Professor of Theology)

* * * * * * *

Men forget to find shelter in God because their faith is not strong. They forget that God promised to protect them and asked them not to despair… (Priest Dionysios Tatsis, Periodical Orthodox Typos, March 25 2011)

* * * * * * *

A pregnancy after rape is very rare. Many believe that abortion is the only solution to a pregnancy after rape. This idea is used by many to support the efforts towards legalization of abortion.

1. The mother who has the abortion is temporarily relieved from the pain that rape caused her. But she is left with the tragic remembrance of the murder of her child. How can we justify the decision to kill an innocent living person?

2. The mother should have support from her immediate environment [family, Church, Society]. She may decide to give the child up for adoption. The woman who patiently endures the nine months will receive a peaceful conscience knowing that she courageously decided to accept the life which lives inside of her even though this life was conceived without her will and under tragic events.

(Fr. Savvas Michailidis, Greece)

toddakin

* * * * * * *

Shouldn’t Abortion be Legal in Cases of Rape or Incest?

There are two answers to this objection. First, a child conceived through rape or incest does not deserve the death penalty for his or her father’s crime. Second, research shows that the victim of either crime is likely to suffer more if she resorts to abortion.

One large-scale study of pregnant rape victims found that approximately 70 percent chose to give birth. Many sexual assault victims see giving birth as a selfless, loving act that helps bring healing from the horrific experience of the rape itself. Women who abort children conceived through rape often report that they didn’t feel that they had any other choice, since everyone around them assumed that they would not want to give birth to the rapist’s baby.

The case against abortion for pregnant victims of incest is even stronger. Incest victims hardly ever voluntarily consent to an abortion. Rather than viewing the pregnancy as unwanted, the victim of incest is more likely to see the pregnancy as a way to get out of the incestuous relationship because it exposes the abusive sexual activity that family members are either unaware of or unwilling to acknowledge. The pregnancy poses a threat to the perpetrator, who frequently attempts to coerce his incest victim to have an unwanted abortion.

The idea that the violent act of abortion is beneficial to victims of rape and incest is simply unfounded. On the contrary, evidence shows that abortion in such cases compounds the unspeakable pain that victims experience.

Moreover, given that one-third of one percent of abortions are performed under such circumstances, we might ask why this question is so frequently raised. Do these extremely rare cases justify tolerating the other 99.67% of abortions? Would those who raise this objection really be willing to ban abortion if exceptions were made for rape and incest?

Sources:

  • Johnston, Wm. Robert. Reasons Given For Having Abortions In The United States. http://www.johnstonsarchive.net/policy/abortion/abreasons.html  
  • Mahkorn, “Pregnancy and Sexual Assault,” The Psychological Aspects of Abortion, eds. Mall and Watts (Washington, D.C., University Publications of America, 1979) 55-69.
  • Maloof, “The Consequences of Incest: Giving and Taking Life” The Psychological Aspects of Abortion, eds. Mall and Watts (Washington, D.C. University Publications of America, 1979) 84-85.
  • Reardon, David, PhD, Julie Makimaa, and Amy Sobie. 2000. Victims and Victors: Speaking Out About Their Pregnancies, Abortions, and Children Resulting from Sexual Assault. Battle Creek. Acorn Publishing.
  • http://www.whyprolife.com/pro-choice-arguments/   

tumblr_mckcy062SV1qktv7n

* * * * * * *

Pregnancy resulting from Incest

excerpts from ‘The Psychological Aspects of Abortion’

the following is taken from a secular text on the psychological affects of abortion on victims of incest:

Most pregnancies from incest have a very different dynamic than from rape and must be counseled in a very different manner. Even strongly pro-abortion people, if they approach an incest case professionally, must be absolutely convinced before advising abortion, for abortion is not only is an assault on the young mother, but it may completely fail to solve the original problem. It is also unusual for wisdom to dictate anything but adoptive placement of the baby.

In incest, is pregnancy common?

No. “Considering the prevalence of teenage pregnancies in general, incest treatment programs marvel at the low incidence of pregnancy from incest.” Several reports agree at 1% or less.

How does the incest victim feel about being pregnant?

For her, it is a way to stop the incest; a way to unite mother and daughter, a way to get out of the house. Most incestuous pregnancies, if not pressured, will not get abortions. “As socially inappropriate as incest and incestuous pregnancies are, their harmful effects depend largely upon reaction of others.”

Source: G. Maloof, “The Consequences of Incest,” The Psychological Aspects of Abortion, University Publications of America, 1979, p. 74, 100

mqdefault
Idaho state Rep. Pete Nielsen (R) claimed women who are victims of rape or incest are less likely to get pregnant than if they had consensual sex

* * * * * * *

There is a case in America of a girl who was kidnapped at age 11 in 1991 and was held captive for 18 years. She was raped and sexually abused by her kidnapper who was out on parole for a previous rape conviction at the time of her kidnapping. While in captivity she became pregnant twice and carried both pregnancies to term. She gave birth to her first child, a daughter, at age 14. She gave birth to her second child, another daughter, three years later. She breast-fed them and raised them and taught them herself while in captivity. After her rescue in 2009, and after the conviction of her kidnapper/rapist (who received a conviction of 431 years in prison), she eventually began to speak about her experience. What she endured is utterly horrific, yet she has great love for her daughters in spite of how and by whom they were conceived. When asked how she survived those 18 years, she said, “I had my girls to give me strength.” When commenting on the birth of her first daughter she said, “My baby girl came into the world when I was fourteen years old and very, very scared. Recounting that day, I can’t believe it was me that went through this. How did I not go insane with worry? How do you get through things you don’t want to do? You just do. I would do it all again. The most precious thing in the world came out of it… my daughters.” (Jaycee Dugard, 2011)

Jaycee Duggard

* * * * * * *

Rebecca Kiessling: Abortion Survivor Who was Conceived in Rape

Rebecca Kiessling is an example of someone who was conceived in rape and escaped an abortion death. Her story is included here because she offers a valuable testimony in defense of the unborn who are considered ‘the hard cases.’

About Rebecca Kiessling:

  • · Abortion Survivor who was Conceived in Rape
  • · Adoptee
  • · Married and the mother of 5 children (two oldest are adopted)
  • · Has adopted three children including a child born with special needs who died at 33 days old.
  • · Gave birth to three biological children (second-generation abortion survivors.)
  • · Family law attorney with four pro bono cases of international attention all involving the protection of preborn human life, including the “frozen embryo” case in Michigan. Two of those cases involved rape and abortion. Also, represented a woman sued for not aborting.
  • · International Pro-Life Speaker
  • · Stopped practicing law in order to home-school her children and do public speaking
  • · National Spokeswoman for Personhood USA and for National Personhood Alliance
  • · Testified before many legislatures on abortion bans, Personhood Amendments and statutes, and on removing the rape exception from the laws

RK

Rebecca’s Story:

I was adopted nearly from birth. At 18, I learned that I was conceived out of a brutal rape at knife-point by a serial rapist. Like most people, I’d never considered that abortion applied to my life, but once I received this information, all of a sudden I realized that, not only does it apply to my life, but it has to do with my very existence. It was as if I could hear the echoes of all those people who, with the most sympathetic of tones, would say, “Well, except in cases of rape. . . ,” or who would rather fervently exclaim in disgust: “Especially in cases of rape!!!” All these people are out there who don‘t even know me, but are standing in judgment of my life, so quick to dismiss it just because of how I was conceived. I felt like I was now going to have to justify my own existence, that I would have to prove myself to the world that I shouldn’t have been aborted and that I was worthy of living. I also remember feeling like garbage because of people who would say that my life was like garbage — that I was disposable.

Please understand that whenever you identify yourself as being “pro-choice,” or whenever you make that exception for rape, what that really translates into is you being able to stand before me, look me in the eye, and say to me, “I think your mother should have been able to abort you.” That’s a pretty powerful statement. I would never say anything like that to someone. I would say never to someone, “If I had my way, you’d be dead right now.” But that is the reality with which I live. I challenge anyone to describe for me how it’s not. It’s not like people say, “Oh well, I‘m pro-choice except for that little window of opportunity in 1968/69, so that you, Rebecca, could have been born.” No — this is the ruthless reality of that position, and I can tell you that it hurts and it’s mean. But I know that most people don’t put a face to this issue. For them, it’s just a concept — a quick cliche, and they sweep it under the rug and forget about it. I do hope that, as a child of rape, I can help to put a face, a voice, and a story to this issue.

I’ve often experienced those who would confront me and try to dismiss me with quick quips like, “Oh well, you were lucky!” Be sure that my survival has nothing to do with luck. The fact that I’m alive today has to do with choices that were made by our society at large, people who fought to ensure abortion was illegal in Michigan at the time — even in cases of rape, people who argued to protect my life, and people who voted pro-life. I wasn’t lucky. I was protected. And would you really rationalize that our brothers and sisters who are being aborted every day are just somehow “unlucky”?!!

Although my birthmother was thrilled to meet me, she did tell me that she actually went to two back-alley abortionists and I was almost aborted. After the rape, the police referred her to a counselor who basically told her that abortion was the thing to do. She said there were no crisis pregnancy centers back then, but my birthmother assured me that if there had been, she would have gone if at least for a little more guidance. The rape counselor is the one who set her up with the back-alley abortionists. For the first, she said it was the typical back-alley conditions that you hear about as to why “she should have been able to safely and legally abort” me — blood and dirt all over the table and floor. Those back-alley conditions and the fact that it was illegal caused her to back out, as with most women.

Then she got hooked up with a more expensive abortionist. This time she was to meet someone at night by the Detroit Institute of Arts. Someone would approach her, say her name, blindfold her, put her in the backseat of a car, take her and then abort me . . . , then blindfold her again and drop her back off. And do you know what I think is so pathetic? It’s that I know there are an awful lot of people out there who would hear me describe those conditions and their response would just be a pitiful shake of the head in disgust: “It’s just so awful that your birthmother should have had to have gone through that in order to have been able to abort you!” Like that’s compassionate?!! I fully realize that they think they are being compassionate, but that’s pretty cold-hearted from where I stand, don’t you think? That is my life that they are so callously talking about and there is nothing compassionate about that position. My birthmother is okay — her life went on and in fact, she’s doing great, but I would have been killed, my life would have been ended. I may not look the same as I did when I was four years old or four days old yet unborn in my mother’s womb, but that was still undeniably me and I would have been killed through a brutal abortion.

According to the research of Dr. David Reardon, director of the Elliot Institute, co-editor of the book Victims and Victors: Speaking Out About Their Pregnancies, Abortions and Children Resulting From Sexual Assault, and author of the article “Rape, Incest and Abortion: Searching Beyond the Myths,” most women who become pregnant out of sexual assault do not want an abortion and are in fact worse-off after an abortion. See http://www.afterabortion.org  .

Rebecca kiessling

So most people’s position on abortion in cases of rape is based upon faulty premises: 1) the rape victim would want an abortion, 2) she’d be better off with an abortion, and 3) that child’s life just isn’t worth having to put her through the pregnancy. I hope that my story, and the other stories posted on my site [www.rebeccakiessling.com], will be able to help dispel that last myth.

I wish I could say that my birthmother was with the majority of victims and that she didn’t want to abort me, but she had been convinced otherwise. However, the nasty disposition and foul mouth of this second back-alley abortionist, along with a fear for her own safety, caused her to back out. When she told him by phone that she wasn’t interested in this risky arrangement, this abortion doctor insulted her and called her names. To her surprise, he called again the next day to try to talk her into aborting me once again, and again she declined and was hurled insults. So that was it — after that she just couldn’t go through with it. My birthmother was then heading into her second trimester — far more dangerous, far more expensive to have me aborted.

I’m so thankful my life was spared, but a lot of well-meaning Christians would say things to me like, ”Well you see, God really meant for you to be here!” Or others may say, “You were meant to be here.” But I know that God intends for every unborn child to be given the same opportunity to be born, and I can’t sit contentedly saying, “Well, at least my life was spared.” Or, “I deserved it. Look what I’ve done with my life.” And millions of others didn’t? I can’t do that. Can you? Can you just sit there and say, “At least I was wanted . . . at least I’m alive” or just, “Whatever!”? Is that really the kind of person who you want to be? Cold-hearted? A facade of compassion on the exterior, but stone-cold and vacated from within? Do you claim to care about women but couldn’t care less about me because I stand as a reminder of something you’d rather not face and that you’d hate for others to consider either? Do I not fit your agenda?

Darryl1a

In law school, I’d also have classmates say things to me like, “Oh well! If you’d been aborted, you wouldn’t be here today, and you wouldn’t know the difference anyway, so what does it matter?” Believe it or not, some of the top pro-abortion philosophers use that same kind of argument: “The fetus never knows what hits him, so there’s no such fetus to miss his life.” So I guess as long as you stab someone in the back while he’s sleeping, then it’s okay, because he doesn’t know what hits him?! I’d explain to my classmates how their same logic would justify me killing you today, because you wouldn’t be here tomorrow, and you wouldn’t know the difference anyway, so what does it matter?” And they’d just stand there with their jaws dropped. It’s amazing what a little logic can do, when you really think this thing through — like we were supposed to be doing in law school — and consider what we’re really talking about: there are lives who are not here today because they were aborted. It’s like the old saying: “If a tree falls in the forest, and no one is around to hear it, does it make a noise?” Well, yeah! And if a baby is aborted, and no one else is around to know about it, does it matter? The answer is, YES! Their lives matter. My life matters. Your life matters and don’t let anyone tell you otherwise!

The world is a different place because it was illegal for my birthmother to abort me back then. Your life is different because she could not legally abort me because you are sitting here reading my words today! But you don’t have to have an impact on audiences for your life to matter. There is something we are all missing here today because of the generations now who have been aborted and it matters.

One of the greatest things I’ve learned is that the rapist is NOT my creator, as some people would have me believe. My value and identity are not established as a “product of rape,” but as a child of God. Psalm 68:5,6 declares: “A father to the fatherless . . . is God in his holy dwelling. God sets the lonely in families.” And Psalm 27:10 tells us “Though my father and mother forsake me, the Lord will receive me.” I know that there is no stigma in being adopted. We are told in the New Testament that it is in the spirit of adoption that we are called to be God’s children through Christ our Lord. So He must have thought pretty highly of adoption to use that as a picture of His love for us!

Most importantly, I’ve learned, I’ll be able to teach my children, and I teach others that your value is not based on the circumstances of your conception, your parents, your siblings, your mate, your house, your clothes, your looks, your IQ, your grades, your scores, your money, your occupation, your successes or failures, or your abilities or disabilities — these are the lies that are perpetuated in our society. In fact, most motivational speakers tell their audiences that if they could just make something of themselves and meet this certain societal standard, then they too could “be somebody.” But the fact is that no one could ever meet all of these ridiculous standards, and many people will fall incredibly short and so, does that mean that they ‘re not “somebody” or that they’re “nobody?” The truth is that you don’t have to prove your worth to anyone, and if you really want to know what your value is, all you have to do is look to the Cross –because that’s the price that was paid for your life! That’s the infinite value that God placed on your life! He thinks you are pretty valuable, and so do I. Won’t you join me in affirming others’ value as well, in word and in action?

For those of you who would say, “Well, I don’t believe in God and I don’t believe in the Bible, so I’m pro-choice,” please read my essay, “The Right of the Unborn Child Not to be Unjustly Killed — a philosophy of rights approach” which is linked on the menu. I assure you, it will be worth your time.

For Life,

Rebecca

rebecca@rebeccakiessling.com  

article source: http://www.rebeccakiessling.com/index.html  

link to Rebecca Kiessling’s philosophical essay on abortion:

http://www.rebeccakiessling.com/PhilosophicalAbortionEssay.html  

rkk

* * * * * * *

Abortion, Politics, and the “Rape and Incest” Exception

by Frederica Mathewes-Green

Coming soon to a podium near you: local politician Bluster K. Fluster, running for re-election, asserting his deeply held personal belief that abortion is wrong. There’s an exception, of course: cases where the woman conceived due to rape or incest.

A lot of his audience is nodding in agreement. Their reaction is typical; across the nation, polls show that approval of anti-abortion laws rises dramatically when this exception is made. According to a 1999 Wirthlin poll, for example, 62% of Americans would endorse a law prohibiting abortion except in cases when the pregnancy would kill the woman, or when it was caused by rape or incest. Remove that last clause and agreement drops thirty points.

It seems like common sense. Sexual violence is a nightmare. Dragging it out for nine months of pregnancy seems an added cruelty. Then there’s the child, for whom the truth about his father could be devastating. Fluster’s audience is sure abortion is the most compassionate course for the victims of sexual violence.

But did anyone think to ask the victims themselves?

In the new book, “Victims and Victors” (Acorn Books, 2000), editors David Reardon, Amy Sobie, and Julie Makimaa draw on testimonies of 192 women who experienced pregnancy as a result of rape or incest, and 55 children who were conceived in sexual assault. It turns out that when victims of violence speak for themselves, their opinion of abortion is nearly unanimous — and the opposite of what the average person expects.

Nearly all the women who conceived due to rape or incest, then had abortions, said that they regretted it. Of those giving an opinion, over 90% said that they would discourage other victims of sexual violence from having an abortion.

On the other hand, of the women who conceived due to rape or incest and carried to term, not one expressed regret about her choice. Of those giving an opinion, 94% of rape victims and 100% of incest victims said abortion was not a good option for other women in their situation.

190563

“I feel personally assaulted and insulted every time I hear that abortion should be legal because of rape and incest,” says Kathleen DeZeeuw, whose testimony is included in “Victors and Victims.” “I feel that we’re being used to further the abortion issue, even though we’ve not been asked to tell our side of the story.”

Her side of the story starts with skipping a church meeting to go with a girlfriend to a local coffeehouse. The sixth of eight children, Kathleen was raised in a Christian home with strict rules against associating with anyone outside their congregation. So perhaps Kathleen was naive when she agreed to go to a movie with a young man she met at the coffeehouse.

Soon after her head was being bashed against his car window until she was too weak to resist. Somehow she knew the rape that followed would make her pregnant. “I remember screaming this over and over again. This only served as a terrifying source of hideous laughter.” He threw her out of the car, with a warning that he’d hurt her worse if she told anyone. She made her way home feeling shattered and dirty.

Kathleen, only 16, kept the secret until it couldn’t be concealed. When the pregnancy became obvious, her parents were distressed and her siblings were disgusted. “Because I wouldn’t talk about it, many rumors started about me and everyone had his own interpretation of what must have ‘really’ happened.” She was sent to a maternity home a thousand miles away.

But something had begun to change in her heart. At first, she was repulsed at the thought of carrying “this man’s child,” yet as she felt the baby kick and move, her horror began to change to sympathy. “I began to realize that this little life inside me was struggling too…I was no longer thinking of the baby as the ‘rapist’s’… I now thought of this baby as ‘my baby.’ My baby was all I had. I felt abandoned by everyone. I had only this life inside me to talk to.”

Not that everything was easy. The first time Kathleen held her son she felt ‘revulsion,’ because he looked exactly like his father, a resemblance that remained as he grew. “The laughter of my little boy often reminded me of the hideous laughter of this guy as he had raped me.” But Patrick kept telling his mother she needed to forgive, as he himself had forgiven her sometimes pained reactions to him, as well as the actions of his unknown dad. In the end, forgiveness set Kathleen free.

Victims of sexual violence need counseling and care, Kathleen says, and plenty of time for healing. “To encourage a woman to have an abortion is to add even more violence to her life…Two wrongs will never make a right.”

Kathleen’s association of abortion with “even more violence” gives us a first clue to why victims of sexual violence would resist abortion. As Reardon points out, “Abortion is not some magical surgery which turns back the clock.”

What rape takes away from a woman, abortion cannot restore. Instead, though outsiders picture abortion as a quick and sanitary event behind closed doors, to the woman it is a second assault, one that disturbingly resembles the violence she has already endured.

BROUSGOU

“[M]any women report that their abortions felt like a degrading form of ‘medical rape,’” Reardon writes. “Abortion involves a painful intrusion into a woman’s sexual organs by a masked stranger…For many women this experiential association between abortion and sexual assault is very strong…[W]omen with a history of sexual assault are likely to experience greater distress during and after an abortion than are other women.”

Second, Reardon says, post-abortion women typically feel guilty, “dirty,” depressed, and resentful of men, the same feelings which are common after sexual assault. Rape and incest victims who abort get a double whammy of these difficult emotions. “Rather than easing the psychological burdens of the sexual assault victim, abortion adds to them.”

For victims of incest the case is even stronger (and, of course, incest is often just a particular form of rape). For these girls, pregnancy can represent their only hope to get out of the abusive situation. They may have been threatened and beaten; they may have been told, for example, “If you tell Mommy, I’ll kill her.” But the girl knows that if she gets pregnant someone will have to see her plight and rescue her. To such a girl, pregnancy is not the problem; incest is the problem, and pregnancy may be the solution. Reardon writes, “Unlike pregnancies resulting from rape, most incest pregnancies are actually desired, at least at a subconscious level, in order to expose the incest.”

Reardon found that in virtually every case of pregnancy following incest, the abortion was not the girl’s decision. “In several cases, the abortion was carried out over the objections of the girl who clearly told others that she wanted to give birth to her child.” Instead, the abortion was planned by adults in her life, and frequently — for obvious reasons — by the perpetrator himself. Abortion turns out to be a great way to destroy evidence. It’s the best friend a sexual abuser has. And you’d be surprised how many people don’t ask any questions.

a-394

One woman writing under the pseudonym “Mary Jean Doe” recounts that when she was 12 years old, after some months of molestation by her older brother and his friend, she was late for a period.

“I turned to my Sunday School teacher for help…She gave me a hug and said I should go to Planned Parenthood…She never asked who the male partner was or why I was sexually active at that age.

“So my older brother took me to Planned Parenthood…No one expressed any dismay, concern or even interest that a 12-year-old girl needed a pregnancy test. I heard a lot of talk about ‘being responsible’ and ‘taking control of my body.’ Someone gave me a handful of condoms on the way out and made a joke about it being an assortment — red, blue, and yellow.”

No one asked the brother any questions, and he understandably refrained from getting chatty. Two days later the clinic phoned to tell Mary Jean that the test was positive and gave a time for her to return for an unspecified procedure. “The caller never used the word ‘pregnant’ or ‘abortion.’”

That evening her period started, so Mary Jean never kept the appointment. Only years later in biology class did she learn what sexual intercourse is — and that she had not been doing it. The abuse inflicted on her was not of a type that could result in pregnancy. Mary Jean was horrified to learn that she had been scheduled for an abortion none the less.

She concludes, “Abortion on demand, no questions asked, makes it easier for incest and child abuse to continue. Abortion for incest victims sounds compassionate, but in practice it is simply another violent and deceptive tool in the hand of the abuser.”

help_birth

In a similar case in Baltimore, Maryland, Dr. Julio C. Novoa performed five abortions on three sisters who had been habitually raped by their father. The doctor didn’t suspect a thing. “When these patients came to my office, they came with a mother, and you, as a doctor, feel comfortable that the family knows,” he said. “They never, never made a mention or a hint” that anything was wrong. The girls were between the ages of 13 and 19, and their mother facilitated both the incest and the abortions. The situation ended only when the youngest girl scrawled at the bottom of a history test that she hated life and wanted to die. In the case of that young incest victim, speedy abortion with no questions asked did not set her free.

But surely a young girl who was pregnant shouldn’t be encouraged to have a baby, should she? She probably has unrealistic ideas that the baby will provide her with the unconditional love she craves. She may have naive fantasies that the child will be like a doll she can dress up and play with.

“It is precisely the young girl’s attachment to her baby, whether realistic or unrealistic, which insures with 100 percent reliability that she will be traumatized by the abortion,” Reardon writes. “To the young girl, the abortion is not an act of free will by which she is regaining her future. It is the destruction of her baby, her ‘baby doll,’ even…Which would the young girl rather have? A baby or a traumatic surgery wherein she is forced to participate in the murder of her baby?”

418371_218512728241195_1066974733_n

While a young girl should be spared pressure to kill her child, the most loving thing she can do next is to place him for adoption. Reardon cites Dr. George Maloof, who strongly recommends that children conceived in incest be adopted, not only for the child’s sake but so that the original family can begin to heal. (Incidentally, children of incest are not doomed to be victims of deformity due to “inbreeding.” Such problems emerge following repeated patterns of incest over several generations.) Maloof writes, “Only after having the child adopted can there be some assurance that this new life will not simply become part of the incestuous family affair. The family can be consoled by the knowledge that they have broken their incestuous pattern.”

That pattern is shown in the testimony of Dixie Lee Gourley, who remained in contact with her birth family throughout childhood while “boarding” with several other families. When she was 11 her visiting dad began to molest her, a horror she kept secret. It wasn’t until she was forty years old that she learned she wasn’t the only one. Four decades before he had also molested and impregnated another girl, the woman she’d always called her “stepsister.” This sister was also her mother, and her father was also her grand-dad.

Some women who had children after rape, then raised them, feel that adoption would have been the better course. Kathleen DeZeeuw, who has raised her son Patrick, writes: “I personally believe that for her child’s sake, she should strongly consider adoption. That may sound strange coming from me, but I know the emotional problems that can result from being daily reminded of the assault. In many case it may be truly better for the child that he or she not be subjected to this added turmoil.”

theotokos-visiting-elizabeth-01-with-fetuses

Sharon Bailey, who also gave birth after rape then raised her child, saw conflict over her daughter become one of the stresses that undermined her marriage. She believes that her daughter “would have had a more normal life” if she had been adopted. Nancy Cole, however, who raised a child after being impregnated by her own father, is satisfied with her decision. “[M]y daughter is now 18, loves the Lord, and is happy and well-adjusted. I have raised her all my life and I know I made the right decision.”

But back to our friend Fluster, beaming and bowing to applause. Does he have a point, when we’re talking about the public square? Remember how a “rape and incest” exception makes laws protecting unborn life much more acceptable to voters. How, strategically, should we approach the laws we craft?

David Reardon believes that it was softening of laws for “hard case” rape and incest pregnancies that paved the way for abortion on demand. Indeed, the Doe v. Bolton decision, the companion case to Roe v. Wade, stipulated that if abortion was legal in those cases it could not be withheld for any reason concerning a woman’s health, including her emotional condition or her age. Legalization of the hard cases is the “camel’s nose” in the tent, Reardon says, yet “[M]ost pro-life activists will continue to squirm and equivocate when asked about abortion for rape or incest pregnancies.”

The course of pro-life political strategy over the last decade was more complex than that. No pro-life activist believes that abortion is acceptable in cases of rape or incest. While such a view has been popular with the public, pro-lifers believe that the child conceived in violence is obviously as worthy of protection as any other baby. She has done nothing deserving of death. Even someone who believed that every rapist should be condemned to death would balk at extending the sentence to the rapist’s child. The idea becomes even more appalling when we remember that it is, in reality, the rape victim’s child. Justice requires that innocent life be protected, and this unborn child is unquestionably an innocent bystander, if not a second victim, of the attack.

Yet, about ten years ago, some pro-life organizations began to encourage state legislatures to pass laws that allowed an exception for rape and incest. Their reasoning was simply pragmatic. The numbers of rape and incest abortions each year are relatively small, 1% or less of the total. Let’s write a law that the public will accept, the thinking went, and save 99% of the babies. That will give a platform to build on, and with further education, over coming years, we can come back for the rest. At debates, pro-choicers who brought up the 12-year-old incest victim would sometimes be stymied when their bluff was called: “Okay, if I agreed to let rape and incest abortions remain legal, would you agree to outlaw all the rest?”

Other pro-lifers objected vehemently to this strategy. You’re abdicating the very principle of the sacredness of human life, they charged; you’re creating a category of “second-class babies.” Visitors to the annual March for Life in Washington will no doubt recall that the theme almost every year reflected such a “No Compromises!” position. Advocates on this side would insist that such a concession dynamited the very foundation of the movement. They refused to be party to anything that would leave any baby behind. We can’t “come back” for the rape and incest babies later, they noted wryly. They won’t be there. They’ll be dead.

Those advocating what was called “the incremental approach” found this response unrealistic and frustrating. “Do you mean you’d let 99 children die in a burning building, just because you couldn’t get all 100 out?” was a frequent question. For several years this debate produced heated words almost any time pro-life leaders gathered, and led to no philosophical resolution.

Eventually, however, there was a practical resolution. Though a few states did pass versions of the “incremental” law, the Supreme Court soon made it clear that any such law was flatly unacceptable — exceptions or no exceptions. No prohibition of any abortion, under any circumstances, was allowed. The point was moot.

Thus in recent years there have been no pro-life attempts to outlaw abortion generally, either with or without exceptions. The attempt, in thirty states, to prohibit only one particularly gruesome method of late-term abortion, was recently ruled unconstitutional by the Supreme Court. The only other initiatives have been narrowly crafted to hold clinics to safety standards or to ensure women are fully informed, to give parents a say in a teen’s abortion or to require a waiting period for reflection. None of these laws prohibit any abortion; they regulate it, like state liquor laws regulate sale of alcohol, without prohibiting anyone who can read the sign outside the store from buying as much booze as he wants. As such, these laws could end up backfiring on the pro-lifers who worked so hard for them. They may give the public the impression that, like liquor sales, abortion is now safe and tidy and reasonably regulated. Since pro-lifers fought for these laws, citizens may feel they should now politely go away. Pro-lifers got some of the pie and the pro-choicers got some, they might conclude, so everyone should be happy.

Saxonburg 1991 abortion monument

There isn’t much political application to the discussion of rape and incest abortion, when all abortions are absolutely legal. Yet the emotional, spiritual, and philosophical discussion continues. While it looks at first glance as if rushing victims of violence to an abortion clinic is the greatest kindness, when we listen to them we learn that it is not at all what they want. What they want is surprising, but most of all it includes not inflicting violence on another person.

“The victim may sense, at least at a subconscious level, that if she can get through the pregnancy she will have conquered the rape,” Reardon writes. “By giving birth, she can reclaim some of her lost self-esteem. Giving birth, especially when conception was not desired, is a totally selfless act, a generous act, a display of courage, strength, and honor. It is proof that she is better than the rapist. When he was selfish, she can be generous. While he destroyed, he can nurture.”

Perhaps the most poignant passages in “Victims and Victors” are from the testimonies of women who did instead what most Americans assume they should, and aborted their abuse-conceived children. The next time you hear Fluster express his “compassionate” views, think of these words from Patricia Ryan:

“[Abortion] only compounds the trauma and pain of rape and incest. I was an innocent victim of a horrible crime. I was not to blame for what the rapist did to me. But in choosing to abort, to kill the innocent child growing within me, I lowered myself to the level of the rapist. I too committed a crime against a defenseless baby who had done nothing wrong, who was also a victim of the rapist. That child may have been fathered by a criminal, but I was the mother, and I killed a part of myself when I had the abortion. It only compounded my pain; it didn’t solve a thing.”

Published in Citizen Magazine October 2000.

http://frederica.com/writings/abortion-politics-and-the-rape-and-incest-exception.html

Rape meme

Marriage and Divorce in the Orthodox Church according to St. Nikodemos the Hagiorite († 1809)

NOTE: The following article is taken from the Rudder, which was published in 1800:

the-rudder
The Rudder (Pedalion). The “Talmud” of the Greek Orthodox Church.

Canon 48 of the Holy Apostles

“If any layman who has divorced his wife takes another, or one divorced by another man, let him be excommunicated”

Interpretation

Inasmuch as the Lord decreed in His Gospel that “Whosoever shall divorce his wife, except on account of fornication, is causing her to commit adultery; and whoever marries her who hath been divorced commits adultery” (Matthew 5:32; 19: 9), therefore the divine Apostles too, following the Lord’s decree, say in their present Canon: If any layman who insists upon divorcing his wife, except on the ground of fornication, which is to say adultery (for the Evangelist here used the word fornication instead of adultery. Concerning this point see also Canon IV of Nyssa), and takes another woman that is free to marry, let him be excommunicated. Likewise let him be excommunicated if, after being divorced from his wife without the ground of fornication, he takes another woman who is one also divorced from her husband without the ground of fornication, or, in other words, of adultery. These things, which we have said with reference to the husband, must be understood to apply also to the wife who leaves her husband, except on account of fornication, and takes another man as her husband. As for any man or any woman who separates from his or her spouse without a reasonable cause and remarries or is remarried, he or she shall be canonized to have no communion for seven years according to Canon LXXXVII of the 6th Ecumenical Synod, Canon XX of Ancyra, and Canons LXXVII and XXXVII of Basil. Read also Canon XLIII of Carthage which prescribes that if a married couple separate without the commission of fornication on the part of either spouse, either they must remain unmarried or they must become reconciled and be reunited, as St. Paul also says in Chapter 7 of his First Epistle to the Corinthians.

Holy Apostles

Footnote 68 to the 85 Apostolic Canons Concerning Marriage & Divorce

Strictness and the Lord’s decree are equally averse to letting a man divorce his wife, or a woman her husband. For the Lord said in regard to both the man and the woman: “Whoever shall divorce his wife and marry another, commits adultery against her” (Matthew 19:9); and “If a woman shall divorce her husband and be married to another, she commits adultery” (Mark 10:12), without adding except it be for fornication either in the case of the man only or in the case of the woman only, but He left this to be understood by us indifferently as regarding both.

The custom of the Church is to allow the man authority to divorce his wife when he finds her to be fornicating or committing adultery, but not to let a woman divorce her husband even though she find him to be fornicating or committing adultery. If on the other hand, she should divorce him on grounds of fornication or adultery, and he, being unable to suffer should marry a second woman, the first women who divorced him will have the sin of such a separation, whereas the husband deserves a pardon for having married a second time, and his second wife is not condemned as an adulteress. Gregory the Theologian did not accept this custom, which came into the Church from Roman civil law. For he says in his (Discourse on the saying in the Gospel, when Jesus spoke the previous words); “I see many men belonging to the common people to be judging perilously regarding temperance. And I see their law as being unequal and inconsistent”. For what reason does the law chastise a woman if she fornicates, but allows a man the liberty to do the same. And if a woman betrays the bed of her husband, she is judged an adulteress, but if a man who has a wife fornicates with other women, is he guiltless? I do not accept that legislation; I do not praise the custom. It was men who made that law, and on this account they only legislated against women.

For those same legislators of this civil law made a law for children to be under the control of their father, but as for the weaker side that is, the mother who is a weak woman, they left her without care, not having made a law for her children to be under her control. However, God made no such law. On the contrary, He says, “ Honor your father and your mother,” which is the first commandment among the promises, “that it may go well with you” (Deuteronomy 5:16; Exodus 20:12; Sirach 8:8; Matthew 19:19; Mark 7:10; Luke 18:20) and “He that speaks evil against his father or mother, let him die the death” (Exodus 20:12; Leviticus 19:3; Deuteronomy 5:16). Both in the case of the father and in the case of the mother, He equally honored obedience and chastised insolence. And “A father’s blessing firmly establishes the houses of children, but a mother’s curse uproots the foundations” (Proverbs 19:14).

New Martyr Argyre of Proussa, Patron Saint of Marriage (+ 1725)
New Martyr Argyre of Proussa, Patron Saint of Marriage (+ 1725)

 

Herein do you not see the equality of the legislation? The Creator of man and woman is one. Both of them are of one and the same clay. One and the same law governs them both. There is but one resurrection. We have been born quite as much by a woman as by a man; children owe their parents a single debt. How then is it that you the legislator being a man, demand temperance of women, when you yourself are intemperate?

How is it that you ask for what you do not give? How is it that you enact unlike legislation for woman notwithstanding that your body is like that of woman? But can it be that if you are thinking of the evils attending disobedience because the woman sinned? Why, did not Adam also sin? The serpent deceived them both. Accordingly, it cannot be said either that the woman proved the weaker of the two in being deceived, or that the man proved to be the stronger of the two in that he avoided being deceived. Or if you are thinking of the good results attending reformation remember that Christ saved them both with His passion. He became flesh for man, but also for woman.

He died for man, but woman too is saved through His death. Perhaps you think that He honored man because He was born of David’s seed. But in being born of the Virgin He honored women. “They shall be one flesh,” it says (Genesis 2:24): that one flesh accordingly must deserve equal honor. St. Paul, also lays down a law of temperance for man. How? “This is a great mystery; I am speaking concerning Christ and the Church” (Ephesians 5:32).

It is well for a woman to revere Christ by means of the reverence which she shows toward her husband. It is also well for a man not to dishonor the Church of Christ by means of the dishonor toward his wife by fornicating with another.

The Patron Saints of Marriage, Love, Family and Fidelity. Celebrated in Russia up to 1917. Saints Peter and Fevronia.
The Patron Saints of Marriage, Love, Family and Fidelity. Celebrated in Russia up to 1917. Saints Peter and Fevronia.

In the same way, Chrysostom also testifies to the same view in his fifth sermon on the First Epistle to the Thessalonians. “I beg,” he says, “that we guard ourselves against this sin. For just as we men chastise our wives when they betray their honor to others, so does God, if not the laws of the Romans, chastise us when we betray the honor of our wives, and fornicate with another, since the sin of men with other women is also adultery. For adultery is not only when a married woman commits adultery with another man, but also when a married man commits adultery with any other woman. Give attention to the accuracy of what I say to you. Adultery is not only when married men sin with a strange woman who is married, but also when they sin with an unmarried woman, which is also adultery. For notwithstanding that the woman with whom they sin is not tied to a man, they themselves are tied to a woman. And for this reason it can be said that they have violated the law and have wronged their own flesh. For why should they chastise their wife if she fornicates with a man that is not married? Of course, it is adultery, despite the fact that the man who fornicated with her has no wife, also simply because his wife is tied to a man. So they also, since they are tied to a wife, if they fornicate with an unmarried woman, are committing adultery by their act of fornication.

“Whosoever shall divorce his wife,” says the Lord, “except on account of fornication, is causing her to commit adultery; and whosoever shall marry her that is divorced commits adultery” (Matthew 5:32; 19:9). And if this is so, is not one committing adultery even more so, who has a wife when he joins in self-corruption with an unmarried woman? Yes.

That is obvious to everyone. Not only St. Gregory and St. Chrysostom, but even Basil himself cannot bear to follow that custom which disregards the commandment delivered by God, as he makes known in other pages as well as in the twelfth definition of his Ethics. But he also says in his Canon XXXV: “When a woman abandons her husband, we must inquire into the reason why she left him. Then, if it appears that the woman left him unreasonably and without cause, the man is to merit a pardon, but the woman, a canon and penalty, as having become the cause of the evil.” No other reasonable cause for the separation of a married couple can be found besides that of fornication or of adultery of a man and or a woman.

St. Justinian the Great

But Justinian Novel l17, situated in Book 28 of the Basilica, Title VII, ordains that if any man has another woman either in the city where he is dwelling or under the roof of his house, and is corrupting himself with her, if his real wife should tell him to abstain from the other woman, and should he refuse to abstain from her, permission is granted to be released from the marriage due to the jealousy of his wife. For such jealousy leads many wives to drink poison and commit suicide, and others to lose their mind, others to jump off a precipice, and others to still other absurd things, as may be seen from such examples which are daily occurrences in nearly every city and island and town.

For just as a man’s anger is full of jealousy for his wife if she has committed adultery, as Solomon says (Proverbs 6:34), “and he will not spare in the day of vengeance, nor will he forgo his enmity for any amount of ransom, neither will he be coaxed to remit it in exchange for a multitude of gifts.” In much the same way (or even more) is a woman’s anger, and her heart is full of jealousy for her husband if he has committed adultery.

However, note that though the Lord allowed husbands to separate from their wife on account of fornication, that is because of adultery, yet a bishop ought not to give them permission to enter into a second marriage, but ought to leave them thus separated for a long space of time, until the one who committed fornication, which is adultery, comes to repent of his or her act, to fall at the feet of the other, and to promise that henceforth he or she will keep the honor of the other mate, and in this manner they are finally reunited.

For even the Lord did not allow them to be separated only on account of adultery, but mainly because of the jealousy which results from such adultery, and the murder which often follows as a result of the jealousy. A second reason for allowing a separation is to prevent the confusion and bastardization of the offspring that follows as a result of such adultery as St. Gregory the Theologian says. So that, as Zonaras says in his interpretation of Canon IX and XXI of St. Basil, a man is not forced to keep his adulteress wife if he does not want to do so, but if he wants her, he may without prejudice keep her and live with her. What am I saying, without prejudice? Why that man is to be praised and to be esteemed very wise indeed who takes his wife back even after she has committed fornication (on the promise, however, that she will sin no more) for two good and sufficient reasons.

First, on account of the love and sympathy he is thus showing for his own flesh — I mean for his own wife — by emulating the very Master and God of all things, who notwithstanding that human nature was formerly an adulteress and had formerly committed fornication with idols, He condescended to make her His bride by virtue of the incarnate economy, and to save her through repentance and union with Him. And just as it is the part of a prudent man when any of his members is wounded or injured not to cut it off, but to make it his business to give it medical treatment, so is it the part of a prudent man, when his own member sins, that is his own wife, not to divorce her, but to take even greater care of her and to cure her by means of repentance and by giving her an opportunity to return. And secondly, because when such an impure condition has developed between a husband and wife, it is by God’s concession, and as a result of previous sins that it ensued. (And let everyone examine his own conscience, and he will find our words true.)

Saints Timothy and Maura,
Saints Timothy and Maura, Married Saints and Martyrs for Christ

Hence both parties must have patience with each other, and not insist upon a separation. Even the Apostle says that a faithful husband ought to cohabit even with his unfaithful wife, and conversely, a faithful wife ought to cohabit with her unfaithful husband, for the hope of salvation of both of them. “For how do you know, wife, whether you shall save your husband? Or how do you know, husband, whether you shall save your wife?” (1Corinthians 7:16). How much more ought a husband and wife, then, to cohabit with and not separate, even after fornication has occurred, at a time when impiety, the worst of all sins, will not separate it? Of course all that we have said concerning the husband, is to be understood also as pertaining to the wife. Nevertheless, that the author of Proverbs says: “Whoever retains an adulteress is foolish and impious” (Proverbs 18:22; this saying reflects the harshness and severity of the old Law, and not the leniency of the most sweet Law of the Gospel.

Rather should the Old Covenant be quoted from the mouth of Malachias, who says: “Do not abandon the wife of your youth: but if after coming to hate her you send her away, a feeling of impiety will darken your recollections, says the Lord Almighty”’ (Malachias 2:15).

If, however, in the end no way, nor device, can be found to reunite the couple henceforth, the innocent party may, as a matter of great necessity, marry a second time, but never the party guilty of fornication who became the cause of the separation.

This party, instead of second nuptials and wedding candles ought rather to sit mourning and weeping over his sin, and find solace in the darkness of sorrow of a widow or widower, because of the fact that whom God joined he or she rent apart. What am I saying? Why, the party that was the cause of the separation ought to pay damages, as the imperial laws command, according to St. Chrysostom (Discourse on a woman bound by law, etc.); and that the guilty party in the couple ought not to be allowed to marry may be inferred from Novel 88 of Leo. For this Novel says that the husband of a woman guilty of adultery is to receive her dowry, while the woman herself is to be placed in a monastery and compelled even against her will to become a nun.

 

Whatever property she had over and above her dowry is to be divided between her children and the monastery; or if she has no children, her parents and relatives are to have it. Justinian Novel 117 also commands that if the husband of a woman confined in a monastery for adultery should die within the two years before taking her back, she is to become a confined nun and not be allowed to remarry).

Orthodox Wedding at Cana Icon
Wedding at Cana

That the husband is not permitted to take back his wife after she has been guilty of committing adultery is attested on the one hand by Armenopoulos (Book 6, Title II), and on the other hand by holy Photios (Title I, Chapter 2). Novel 184 of Justinian (inserted in Book 28 of the Basilica, according to Balsamon), ordains that the husband can take back his guilty wife within two years after she committed the adultery and was sentenced to the monastery for the act of adultery, and that he can cohabit with her freely without fearing any danger on this account and without injury to his marriage as a result of the previous sin and separation. St. Basil the Great, also says in his dissertation on virginity that if a woman who has been left by her husband repents and corrects the cause on account of which he left her, the husband ought to have compassion on her because of her because she corrected herself, and to take her back as his own member again. Moreover, Canon XCIII of the 6th Ecumenical Synod permits a soldier to take back his own wife if he so chooses, even though she has taken another husband because of his many years’ absence from the country in foreign lands. Canon VIII of Neocaesarea likewise appears to permit a priest to live with his wife when she is guilty of adultery if he cares to, though he must be deposed.

Note also the fact that not everyone can start suit for adultery, but only five persons listed, and these must be the most intimate and nearest relative of the woman, namely, father, brother, uncle on the father’s side, and uncle on the mother’s side, and exceptionally and especially and above all her husband. As long as the marriage is in force nobody else is permitted to start such a suit except only the husband of the woman, by means of five witnesses attesting in fear of God that they all saw her in the very act of committing adultery. A suit for adultery may be started at any time within five years, and not late (Armenopoulos, Book 1, Title III).

Besides any of these things, it ought to be known to everyone that the civil and imperial laws never permit husbands to kill their wives, even though they have caught them as adulteresses. Hence there is no excuse for those who kill either their wives, or their sisters and daughters or relatives of any other kind, on the ground that they have been guilty of fornication or of adultery.

So, inasmuch as it may be inferred, from all that we have said, that a married couple ought not to be separated, therefore it is necessary for one side of the couple to bear with the other patiently, according to St. Gregory the Theologian. Thus, the wife ought to put up with her husband even though he insults and beats her, even though he spends her dowry, and no matter what else he may do to her; and just as much ought the husband to put up with his wife even though she is possessed by demons, as mentioned in I Timothy 4:1, and even though she is suffering from other defects, and has diseases, according to St. Chrysostom (in his Discourse on a woman bound by law, etc.). And yet that imperial and external laws on many accounts permit married couples to separate and be divorced, St. Chrysostom (in the same place), in the course of voicing opposition to them, says: “God is not going to judge in accordance with those laws, but in accordance with the laws which He himself has laid down with regard to marriage.

There is but one reasonable ground for divorce, and that is the one ordained by the laws, according to Emperors Leo and Constantine, when one party plots against the life of the other (Title XIII, of the selection of laws). A married couple may be divorced reasonably enough, again, when one party is an Orthodox Christian, and the other party is a heretic, according to Canon LXXII of the 6th Ecumenical Synod; or when there is a blood relationship by marriage, according to Canon LIV of the same Synod; or a relationship due to baptism, according to Canon LIII of the same Synod; and also when the lord of the couple will not consent to their being wedded, according to Canons XL, XLI, and XLII of St. Basil. As to the proper form of a Letter of Divorce, see at the end of this Rudder. (pp. 320 -329)

Thomais of Lesvos - patron saint of marriage
St. Thomais of Lesvos – patron saint of marriage.

Form for a Canonical Divorce

With our humbleness in the chair and surrounded by a simultaneous session of the most honorable Clerics, most reverent Priests, and most honest Magistrates (and Provosts), there appeared before all of us most honest Sir George, of the village or parish ( name ), accusing his wife Mary of the crime of adultery, and asserting that he found her really defiling her part in the bed of her husband and being caught in the very act of being polluted with adultery by another man. When interrogated about this, he also produced credible witnesses to the fact, named (So-and So and So-and-So and So-and-So), who with fear of God and a heavy conscience, before all of us testified as concerning this man’s wife that she has not truly kept due faith with her own husband, but, having abandoned her own sobriety, has acted as an adulteress. And therefore our humbleness, after being told and informed of these facts, allowed this case to be postponed. And indeed after later employing various arguments and inducements and ways and means, with a view to persuading the said George to take back and accept his wife (for this is permissible according to the divine laws), overlooking this misdeed of hers, seeing that she bitterly repents it, and promises never again to do such a thing, and after having negotiated all these aspects for a sufficient length of time, yet unable to induce him to be persuaded in her favor. Hence, following the decision rendered by our Lord in the Gospels, wherein He says that “whosoever shall divorce his wife, except on the ground of fornication, is causing her to commit adultery” (Matthew 5:32; cf. 19:7, 9). And reflecting that this is the only legal and reasonable excuse for separating a husband from his wife – the ground, that is to say, of adultery, just as the Lord declared; yet at the same time exercising due foresight lest anything more terrible may result hereafter from their cohabitation, seeing that adultery engenders jealousy in most cases, and that jealousy leads to murder: on this account and for this reason our humbleness pronounces the said George to be divorced and set free from his wife Mary, in accordance with the decision of our Lord and the divine Canons, Apostolic as well as Synodal; and furthermore gives him permission to take another woman to wife, whereas with regard to his aforesaid wife Mary our humbleness will never give her permission to take another man to husband, on the ground that she has become the cause of this separation and divorce. For she ought, instead of having another wedding and enjoying nuptial pleasures, to continue thus weeping and mourning throughout her life over her sin, since what God had joined she put asunder (Matthew 19:6), and since otherwise too, she committed adultery while her husband was living, whom she herself divorced by reason of her licentiousness, a fear subsists lest she become an adulteress again in case she is allowed to become a wife to another man (Romans 7:3), according to St. Paul, who elsewhere says that “if a woman be divorced from her husband, let her remain unmarried” (I Corinthians 7:11). Hence in evidence thereof the present Divorce was drawn up, and was given to the repeatedly aforementioned George 3 in the year of the Lord . . .”(1796) and in the month of August. (pp. 1808-1809)

Detail of the Imperial Gate mosaic in Hagia Sophia showing Leo VI the Wise
Detail of the Imperial Gate mosaic in Hagia Sophia showing Leo VI the Wise

 

 

The Syntagma of Matthew Blastares

The most important of the collections of ecclesiastical origin from the late Byzantine period is the Syntagma kata stoicheion, or Alphabetical Syntagma, of Matthew Blastares (ca. 1280–ca. 1350). Blastares was a priest-monk. He lived for most his life in the monastery of Kyr Isaac (the monastery of the Peribleptos) in Thessalonike, where he died. He had an extensive education and left behind a great literary legacy, which is not confined to the area of law. The Syntagma is an alphabetically arranged encyclopedia consisting primarily of ecclesiastical law but including other fields to the extent that these were of practical use to the members of the clergy. During the last centuries of Byzantium, the clergy became more involved in the judicial process, and it seems that Blastares’s purpose was to help them. The Syntagma is divided into 24 sections according to the letters of the Greek alphabet, and every section is subdivided into chapters. In the beginning is found the preface, or protheoria (which includes the history of the sources of canon law in chronological order, followed by that of the civil law), a table of the chapters, and a concise forward ‘Concerning the Orthodox faith’.

Hieromonk Matthew Blastares
Hieromonk Matthew Blastares

The collection of Blastares was created in 1335 and was based on several sources. From the ecclesiastical side, he used the Nomokanon of Fourteen Titles and the commentaries of John Zonaras and Theodore Balsamon. From the civil side, he used the legislative and codifying works of the Isaurians (Ecloga) and those of the Macedonian dynasty (the Epanagoge or Eisagoge, the Procheiron or Procheiros Nomos, the novellae of Leo, and the Basilika). Blastares also used many private collections and compilations created between the ninth and fourteenth centuries.

In its manuscript tradition, the Syntagma is usually accompanied by an appendix containing texts of nomokanonic content. Some of these are works of Blastares himself (such as certain synopses; see below), while some others probably had undergone only some reworking by him (such as the responsa of Niketas of Heraclea and a part of the responsa of John of Kitros). It is not certain, however, whether these texts were selected—at least as a whole—by Blastares or whether they were a later addition to the appendix.

Thanks to its rich content as well as to the practical, useful arrangement of its material (and perhaps also thanks to the support it received from certain theological circles, the hesychasts), the Syntagma had great circulation, as its rich manuscript tradition indicates. It was also the object of further reworking (in the paraphrase of Kounales Kritopoulos) as well as the direct source of later works of compilation in the post-Byzantine period. It also circulated widely in the Slavic countries and in Romania. Shortly after its composition it was translated into Serbian. It was also translated into Bulgarian in the sixteenth century and into Russian in the seventeenth century. In those countries it became an integral part of the basic sources of their canonical law.

Of the other works of Blastares, the following also are of legal interest: a synopsis of the Kanonikon attributed to John Nesteutes; another synopsis of the canons of Pseudo-Nikephoros; a listing in verse form of the offices of the Great Church and the palace of Constantinople; and a dictionary of Latin legal terms, known as the Adnoumion Lexikon.

VLASTARIS Canons

Against the Jews

Matthew Blastares prepared his Syntagnia, an encyclopedia of earlier secular and ecclesiastical rulings which the monk considered applicable to fourteenth-century Byzantine society The references to the Jews in the Syntagma are therefore reflective of the contemporary attitude of the church toward Jews and the problem of Judaizing heresies.

The Syntagma is arranged alphabetically. Such an arrangement, not uncommon to the area, has the advantage of combining in one section the essential rulings of both church and state on a given subject.47 Chapter IV of the letter I, for “Ioudaios,” contains the basic material referring to Jews that Matthew Blastares considered particularly relevant for his contemporaries. In it, Christians are warned to avoid social and religious contact with Jews; they may not celebrate festivals with them or even inadvertently show respect to their traditions by, for example, avoiding work on the Sabbath. Prohibited, too, are communal bathing, intermarriage, and the exchange of gifts (the latter probably a reference to the Jewish custom of exchanging gifts during Purim). In compliance with secular law, the church is forbidden to convert a fugitive Jew who seeks the protection of the church to escape punishment or, even, his responsibilities. The converse, however, was for obviously different reasons: Jews are forbidden to circumcise a Christian catechumen.

So far, Blastares was repeating Orthodox traditions. In the middle of this chapter, interestingly enough, appears a long excursus on the Orthodox attitude toward the unleavened bread (azyma), which was a major area of disagreement with the Latin church. To Blastares, the Latin use of unleavened bread reflected Judaizing tendencies. Judaizing heresies are also mentioned in the Syntagma (all connected with the Passover and Easter celebrations), but it is not known if these heresies still existed in the fourteenth century. Byzantine religious texts continually recite the litany of contemporary and historical heresies. This excursus however, is a warning to the Orthodox population: Just as you are to avoid Jews, you must also avoid cultural influences that may subtly challenge your faith.

Later generations of Byzantine ecclesiastics continued to sharpen their pens and their arguments with polemics against Judaism. Through a misidentification, scholars for some time thought there was a Patriarch of Jerusalem, named Thaddeus Pelusiotes, who wrote a tract against the Jews at the end of the thirteenth century. It appears, however, that the tract was written by Matthew Blastares and ascribed to the fictional Thaddeus by the well-known scribe and forger Constantine Paleocappa in the sixteenth century.

Hieromonk Matthew Blastares
Hieromonk Matthew Blastares

Matthew Blastares, Commentary on St. Basil’s Thirteenth Canon (1355):

For it will follow, they say, in consequence of this that the most brave of the soldiers by their way of life…will be deprived of the good participation, which is an unendurable punishment for Christians. For what reason, they say, are their hands not clean, which he himself testifies fight for chastity and piety, viewing this as best of all? If these men were not willing to come to blows with their opponents…might those things that ruin piety be hastened when the barbarians bring everything under their sway in the great absence of opposition, and when they zealously decide to strengthen their own worship? Who will be the one that pursues chastity, when all are compelled to live in accordance with those who have already become rulers?

Blastares also refers to the 10th century synod that relied on the authority of St. Basil’s thirteenth canon to thwart Phokas’ attempts to secure martyrdom status for Byzantine soldiers slain in battle and the ecclesiastical arguments to achieve this: “How is it possible to number with the martyrs those who fell during war, whom Basil the Great excluded from the Sanctified Elements for three years since their hands were not clean?” Both Balsamon and Blastares also recount (with some differences) another instance during the same synod when St. Basil’s canon was applied to effect the defrocking of certain priests and bishops who were arraigned for having fought and killed enemies in battle. Ultimately, Blastares rejects the arguments of Balsamon and Zonaras and confirms the validity and relevance of the three-year penance of exclusion from Communion recommended in St. Basil’s canon on the basis of his own theological and scriptural arguments. The scriptural arguments, according to Blastares, include allusions to and exegesis of the aftermath of the God-commanded war of obliteration of the Israelites against the Midianites, when Eleazar the priest ordered the Israelite soldiers who were returning from the bloodshed

To remain outside the encampment for seven days, showing, I believe, that although the slaughters against enemies are legal, nevertheless, the man who kills a human being…appears to be blameworthy…

Blastares thus reasserts the theological and ecclesiastical appropriateness of the prohibition envisaged in St. Basil’s canon. At the same time, inevitably conscious of the existing patterns of justifying Byzantine Christian engagement in armed conflict on the basis of St. Athanasios’ canonical epistle to Ammoun, he emphasizes also St. Basil’s tribute to those who safeguard “the race of the Christians” and fight its enemies, indeed, drawing on it he proceeds to affirm the legitimacy of Christian defensive warfare by posing the rhetorical question: “For what might be a more worthy reason for praise than to defend on behalf of chastity and piety?”

There exists various records of strong Eastern Orthodox disquiet at the phenomenon of Western priests carrying arms and participating in fighting during the crusading era. The following extract from Anna Komnene’s Alexiad highlights both the criticism of this “Latin” phenomenon and the view shared in both Byzantine secular and ecclesiastical circles, that the pacifistic precepts in the New Testament and Eastern Orthodox canon law categorically disallow such a practice for Eastern Orthodox monks and priests.

Fresco of Basil the Great in the cathedral of Ohrid.
Fresco of Basil the Great in the cathedral of Ohrid.

From: Anna Komnene, Alexiad, 10.8.8.

The Latin custom with regard to priests differs from ours. We are bidden by canon law and the teaching of the Gospel, “Touch not, grumble not, attack not—for thou art consecrated.” But your Latin barbarian will at the same time handle sacred objects, fasten a shield to his left arm and grasp a spear in his right. He will communicate the Body and Blood of the Deity and meanwhile gaze on bloodshed and become himself “a man of blood” (as David says in the Psalms). Thus the race is no less devoted to religion than to war…Our rules, as I have just said, derive from Aaron, Moses and our first high priest.

alexiad

SOURCES:

Gregory M. Reichberg, Religion, War, and Ethics: A Sourcebook of Textual Traditions, pp. 184-185.

Spyros Troianos, Byzantine Canon Law from the Twelfth to the Fifteenth Centuries, pp. 185-187.

Steven B. Bowman, Jews of Byzantium 1204-1453, pp. 30-31.

 Sexuality, Marriage & Celibacy in Byzantine Canon Law-The Alphabetical Collection of Matthew Blastares