PRIEST'S DEMAND

Evening Post, Volume CXXIII, Issue 48, 26 February 1937, Page 9

PRIEST'S DEMAND

CHURCH AND DIVORCE

ROMAN CATHOLIC LAWYERS

(From "The Post's" Representative.) SYDNEY, February 18.

A stir has oeen caused among Roman Catholic lawyers in Sydney by a demand of the Rev. Father P. Murphy that they should not act in divorce proceedings. J'atner Murphy, a prominent priest, made the.demand during Red Mass at St. Mary's Cathedral to mark the opening of the Law Term.

"The teaching of Christ," said Father Murphy, "is, 'What God hath joined together, let no man put asunder.' If unguided, though unhappy, souls seek legal divorce, do you realise your obligation of refusing to have hand, act, or part in such proceedings? SureJy you cannot hold with the "contention that an Act of Parliament can directly deny the positive teaching of Christ, and, as Catholics, you cannot countenance anything so vile as marriage being considered as merely a private contract between man and woman, which can be dissolved, if the law thinks fit. Surely the legislative power of our Parliament is not so great that it can take the holiness out of the marital contract and make it," what the irreligious teach' and desire, merely a traffic in chattels."

"Do not tell me," Father Murphy added,- "that you are refusing good fees and losing clients who will pay well. The law is not a livelihood; it is a profession that you follow, to enable your fellow-men to resist the oppressor, and since all men have rights, to examine the claims of rivals and give to each his due." '

Father Murphy said that the men of the Bench and the legal profession generally had an obligation to. interpret the mind of the legislator, and it was their duty to protect the citizen against the agitator and against injustice. The community at large was riot impregnated with injustice, and if a statute was imposed on the people which was in itself unjust and antiChristian, or anti-Catholic, it was their duty to so interpret such words of the statute as appeared harmful .so that natural justice was preserved and the liberty of the people in their duty to God was not imperilled.'

Father Murphy's statement is regarded by doctors of canon law as being merely a personal opinion, and not an official pronouncement on Church dogma. There is sharp disagreement between Father Murphy and Catholic members of the legal profession. No prohibition has ever been issued by the Church against the appearance of barristers in the Divorce Courts or against Judges, determining divorce cases. • .

A Catholic solicitor said that some years ago the problem had been discussed by a group of Catholic legal men in the presence of Mr. Justice McTiernan, of the Commonwealth High Court, and many outstanding barristers. The general opinion was that it was not wrong /or Catholic counsel to appear in a Divorce Court. "There are cases," he said, "where a civil divorce is justified, as when protection from physical violence is necessary, and the Church has allowed such cases. One Catholic barrister, has refused briefs for plaintiffs in divorce, but has rejected none for the defence."