religious customs

LIKE IT NEVER EVEN HAPPENED!

Posted on by vlaw759

A marriage annulment is a legal ruling that deems a marriage null and void — as if it never happened in the first place. Annulments effectively erase the marriage.

There are two main ways to formally end a marriage: annulment and divorce. An annulment declares that a marriage was never valid, while a divorce legally concludes a valid marriage. A divorce is more common and easier to attain. Annulment requires specific circumstances and evidence.

Most people are fairly familiar with divorce, personally or observationally, so this blog focuses on annulment, both civil and religious.

“The Civil Wedding” (1887)
Albrecht Samuel Anker

Civil Annulment

Because an annulled marriage was never considered legally valid, any prenuptial agreements are also invalid. Plus, neither partner has a right to the other’s personal property or finances the way they would in the case of a divorce.

Getting the courts to grant an annulment can be difficult. At least one party must believe the marriage shouldn’t have happened, and they have to provide grounds to a judge in order to have it annulled. To qualify for an annulment of marriage, you must meet certain circumstances. The following situations typically qualify:

  • False pretenses: One or both parties were tricked into getting married.
  • Mental incompetence: One or both parties weren’t legally able to make the decision to get married because of a mental disability or being under the influence of drugs and/or alcohol.
  • Underage marriage: One or both parties were under the legal age of consent (typically 18) at the time of the marriage.
  • Concealment: One or both parties failed to disclose important details about themselves and their lives prior to the marriage, like having a child, criminal conviction, or serious illness.
  • Failure to consummate the marriage: One or both parties are unable to be physically intimate in the marriage.
  • Concealed Infertility: One spouse might be physically incapable of having children, and that spouse might have lied about it to the other spouse. This would involve both fraud and lack of consummation.
  • Consanguinity: Incest is defined as a relationship between two blood relatives who would be banned from legal marriage in their state. This typically means more closely related than first cousins.
  • Bigamy happens when one person is already married at the time of marrying someone else.
  • Underage without parental consent: Lack of consent can happen when one spouse is too young to consent on his or her own behalf, and the other spouse did not get proper consent from the parents of the underage spouse.
  • Unsound mind: You may be able to show unsound mind if you or your spouse was under the influence of alcohol or drugs at the time of your marriage. If you were prevented by intoxication or by a mental disorder from understanding what you were doing, you may be able to get an annulment.
  • Finally, a marriage can be annulled if one spouse threatened, blackmailed, or coerced the other spouse into marriage.

In an annulment where there are children, it’s as if the parents were never married. That means both parents can individually seek custody or work out an agreement for shared custody, much like they would if the child had been born to unmarried parents in the first place.

“Le Jugement de Salomon” (1649)
Nicolas Poussin

States’ Rights

Just as the requirements for marriage and divorce vary by state, so do some aspects of annulment. Someone interested in an annulment—whether for personal, family, or literary reasons—should investigate requirements of the relevant state.

Sometimes there are time limits on filing for an annulment. According to the Nathan Law Offices, in general, you have four years from the date of the marriage to file for an annulment. However, there are exceptions depending on the reason for the annulment.

And the time limit varies by state. For example, in Michigan, Virginia, and Ohio—and many others—the marriage may be annulled if a case is brought to court within two years of the marriage date.

However, there is no time frame to get an annulment in New York City. You can ask the Court for an annulment whether you have been married for 2 years or for 25 years as long as some of the grounds for annulment are met. Ditto Georgia, and several other states.

In Oklahoma a marriage that takes place before the expiration of six months from the date either spouse was divorced is a voidable marriage. In order to annul such a remarriage, an annulment action must be brought within the six-month period.

In North Carolina, the marriage can be annulled if it was performed under the representation that one of the parties was pregnant, but the couple separates within 45 days of their marriage and no child is born within the 10 months following the separation. Many states allow annulment on a much greater number of fraud-related grounds, but in North Carolina this is the only fraudulent ground available for an annulment.

“The Marriage Settlement” (1745)
William Hogarth

RELIGIOUS ANNULMENT

This is a totally separate action. People who don’t qualify for a civil annulment may still be able to obtain a religious annulment, but this will have no effect on legal responsibilities as spouses. This process is not a part of the court system but, rather, a part of the church or institution to which the person(s) belong. However, it serves a similar purpose in that a religious annulment of a marriage typically decrees that the marriage was invalid from the beginning.

Pope Francis I

In religious annulment, the Church recognizes that a valid marriage never existed under the laws of the Church. Although some other religious institutions provide annulments, the Catholic Church is by far the most commonly used. For simplicity’s sake, I’ll stick with Catholic annulments here.

In 2015, Pope Francis issued a motu proprio, which is essentially an amendment to existing Catholic canon. These two documents, the Mitis Iudex Dominus Iesus and Mitis et Misericors Iesus (one for the Western Catholic Church and one for the Eastern Catholic Church), make the process of obtaining an annulment more efficient.

Without an annulment, a Catholic cannot remarry, even if they divorce. A divorced Catholic who remarries without obtaining an annulment cannot receive any other sacraments.

The short of it is that to obtain a Church annulment, the person seeking the annulment must satisfy the Church that one or more of the requirements for a valid marriage was missing or abridged. The long of it is—well—long. (These are quoted directly from the Vatican library of canon law online.)

  • Insufficient use of reason (Canon 1095, 10): You or your spouse did not know what was happening during the marriage ceremony because of insanity, mental illness, or a lack of consciousness.
  • Grave lack of discretionary judgment concerning essential matrimonial rights and duties (Canon 1095, 20): You or your spouse was affected by some serious circumstances or factors that made you unable to judge or evaluate either the decision to marry or the ability to create a true marital relationship.
  • Psychic-natured incapacity to assume marital obligations (Canon 1095, 30): You or your spouse, at the time of consent, was unable to fulfill the obligations of marriage because of a serious psychological disorder or other condition.
  • Ignorance about the nature of marriage (Canon 1096, sec. 1): You or your spouse did not know that marriage is a permanent relationship between a man and a woman ordered toward the procreation of offspring by means of some sexual cooperation.
  • Error of person (Canon 1097, sec. 1): You or your spouse intended to marry a specific individual who was not the individual with whom marriage was celebrated. (For example, mail order brides; otherwise, this rarely occurs in the United States.)
  • Error about a quality of a person (Canon 1097, sec. 2): You or your spouse intended to marry someone who either possessed or did not possess a certain quality, e.g., social status, marital status, education, religious conviction, freedom from disease, or arrest record. That quality must have been directly and principally intended.
  • Fraud (Canon 1098): You or your spouse was intentionally deceived about the presence or absence of a quality in the other. The reason for this deception was to obtain consent to marriage.
  • Total willful exclusion of marriage (Canon 1101, sec. 2): You or your spouse did not intend to contract marriage as the law of the Catholic Church understands marriage. Rather, the ceremony was observed solely as a means of obtaining something other than marriage itself, e.g., to obtain legal status in the country or to legitimize a child.
  • Willful exclusion of children (Canon 1101, sec. 2): You or your spouse married intending, either explicitly or implicitly, to deny the other’s right to sexual acts open to procreation.
  • Willful exclusion of marital fidelity (Canon 1101, 12): You or your spouse married intending, either explicitly or implicitly, not to remain faithful.
  • Willful exclusion of marital permanence (Canon 1101, sec. 2): You or your spouse married intending, either explicitly or implicitly, not to create a permanent relationship, retaining an option to divorce.
  • Future condition (Canon 1102, sec. 2): You or your spouse attached a future condition to your decision to marry, e.g., you will complete your education, your income will be at a certain level, you will remain in this area.
  • Past condition (Canon 1102, sec. 2): You or your spouse attached a past condition so your decision to marry and that condition did not exist; e.g., I will marry you provided that you have never been married before, I will marry you provided that you have graduated from college.
  • Present condition (Canon 1102, sec. 2): You or your spouse attached a present condition to your decision to marry and that condition did not exist, e.g., I will marry you provided you don’t have any debt.
  • Force (Canon 1103): You or your spouse married because of an external physical or moral force that you could not resist.
  • Fear (1103): You or your spouse chose to marry because of fear that was grave and inescapable and was caused by an outside source.
  • Error regarding marital unity that determined the will (1099): You or your spouse married believing that marriage was not necessarily an exclusive relationship.
  • Error regarding marital indissolubility that determined the will (Canon 1099): You or your spouse married believing that civil law had the power to dissolve marriage and that remarriage was acceptable after civil divorce.
  • Error regarding marital sacramental dignity that determined the will (Canon 1099): You and your spouse married believing that marriage is not a religious or sacred relationship but merely a civil contract or arrangement.
  • Lack of new consent during convalidation (Canons 1157,1160): After your civil marriage, you and your spouse participated in a Catholic ceremony and you or your spouse believed that (1) you were already married, (2) the Catholic ceremony was merely a blessing, and (3) the consent given during. the Catholic ceremony had no real effect.
One of the most famous “annullers” of all time—King Henry the VIII—created a new religion so he’d be allowed to marry all of these women.

THINGS THAT MIGHT NOT BE OBVIOUS OR INTUITIVE

Unless otherwise specified, there is no limit on the passage of time between marriage and annulment.

Glynn (Scotty) Wolfe, an American Baptist minister is known for having the largest number of monogamous marriages. He married 31 different times. One marriage was annulled.

A Catholic couple who obtain a divorce can subsequently apply for an annulment when one or both parties want to be members of the church in good standing and/or be remarried in the church.

If one member of a couple applies for an annulment, the other member has the option of agreeing, disagreeing, or (in the case of a couple previously divorced) simply not responding.

If each spouse/former spouse completes the fact-finding forms (done independently), their answers are compared and discrepancies resolved. This process can go on for months!

“Mariage de Louis de France, Duc de Bourgogne et de Marie-Adélaïde de Savoie” (1715)
Antoine Dieu

Bottom Line: Civil and religious annulments are two distinctly different actions and one cannot replace the other. Be clear about your rights and responsibilities, which vary by state in Civil annulments.

HOG HEAVEN

Posted on by vlaw759

Papua New Guinea was long isolated from the rest of the world. The island is mountainous, and tribes located in tiny villages have warred with one another for five hundred generations. Even today, almost a thousand languages can be found (approximately 12% of all the languages spoken in the world). It is a wild place, where the outside world has had little influence, and cannibalism may be practiced, though there is some debate on how widespread the custom is today.

Actually, the only tribe which may still practice cannibalism is the Korowai tribe (a.k.a. Kolufu) in south-eastern Papua/south-eastern part of the western part of the New Guinea. But still, that is one marker of how very different human societies can be.

Archeological records suggest that pigs were introduced to New Guinea between 2,500 and 10,000 years ago, by way of a land bridge to Asia that has since disappeared.  Pigs play important roles among the peoples of Papua, especially so among those living in the Central Highlands. 

Apart from pigs and deer (originally brought in by the Europeans) there are not many mammals on these islands.  So, yes, pigs are bred for their meat, but they are rarely killed just for eating.  

The Pig Culture

In a section known as Kaulong, a pig culture prevails. The people believe pigs and humans are on a single continuum of existence, such that pigs may behave more or less like humans and humans may behave more or less like pigs.

Villagers say, “Pigs are our hearts!” Young pigs are treated as pets: they share their owner’s cooked food, are ritually named and baptized, are given magical treatments for illness, and women pre-chew tubers to feed to weak piglets.

The men own the pigs.  Although there is some assertion that women or children (rarely) own a pig, the counter argument is that the man has “given the pig into their care” and thus they speak of it as their own.

Raising pigs is an important responsibility, and there is no argument that women are the ones who care for these precious animals.

At birth, powdered lime is blown into the nostrils of the piglet to make it forget its natural mother and cause it to bond with its human one. 

Pigs are named, and share the women’s sleeping quarters. The women pet and handle them. Occasionally, small pigs unable to compete against siblings or orphaned piglets were breast fed by nursing mothers.

(If you search for “woman suckling pig” online, you can find images: a Huli woman breast feeding a child and a piglet the same time; and a Chimbu woman in the Eastern Highlands of Papua New Guinea breast feeding a piglet.) 

Ritual pig mask, Sepik region, Papua New Guinea

Pigs as Part of Ceremonies

Pigs are sacrificed in some places to appease the ancestral spirits, and they play central roles at major rites of passage: births, weaning of children, initiation of boys, a girl’s first menstruation, weddings, and funerals.  The most frequent occasion for eating pig meat is a funerary cremation.

Pig killing/eating accompanies many undertakings, such as house building and boat building.

The Korowai are also known for building raised houses that fascinate architects.

Much feasting accompanies festivals in which local men of influence match themselves in prestige competitions.

Pigs are exchanged at peacemaking ceremonies after violent disputes. 

A special occasion at which pig meat is eaten every day for weeks on end by men, women, and children, is during the major pig feasts, held at regular intervals. 

There are two exceptions: a pig which is sick, and a pig which has been stolen. Such pigs would be consumed as soon as possible, without the usual ceremony. 

Pigs for Status and Trade

Pigs are important symbol of political and social power.  The more pigs an individual has, the more pigs he can give away, leading to bigger feasts and a higher social status.

Pigs are the main dowry offered in exchange for brides.  

The most valuable pig to own is a “tusker.” These are pigs which have had their upper canines removed by a specialist, so that their lower canines can grow unimpeded, sometimes—after ten or twelve years—turning in a full circle to re-enter the lower jaw. After the ceremonial removal, the owner will use spells and all-night ceremonies to enhance that growth.

Adult tribe members blacken their own teeth with manganese oxide because white, visible teeth signify aggression (like a pig’s tusks). Tusks are made into ornaments, which a man must kill another man to earn permission to wear. When men are challenging another tribe in battle, they clench pigs’ tusks between their own teeth to appear more aggressive: “Watch out. I can be like a pig. I am powerful and dangerous.” 

BOTTOM LINE: Pigs are a very valuable commodity in this part of the world, because they are used to buy brides, in general commerce and trading, for feasts and important ceremonies. Pig ownership is a sign of a man’s wealth.  Thus—at (virtually) all costs—pigs are kept alive and pampered until needed. Seems like hog heaven to me!

UPENDING RELIGIOUS HISTORY

Posted on by vlaw759

You may be aware by now that March is Women’s History Month. This year, it is also Lent in most Christian faiths, nearly Passover by the Jewish calendar, and almost Ramadan in Islam. I thought it a good time to focus on a female scholar of Abrahamic religious history who has had a great deal of impact on me (and on the entire field of religious study: Elaine Pagels (pronounced Pay-gulls).

I grew up in the Evangelical United Brethren Church, but by the time I reached high school science courses, I had concluded that the entire King James Bible couldn’t be literally, factually true. In addition, I resisted many biblical teachings about women and women’s roles in the world and in the family. And I started doubting that the words of the bible were the words of God.

I first became aware of Elaine Pagels (pronounced Pay-gulls), née Elaine Hiesey, by reading her book The Gnostic Gospels. This groundbreaking book examines the divisions in the early Christian church, and the way that women have been viewed throughout Jewish and Christian history. 

  • Gnostic
    • Adjective: relating to knowledge, especially esoteric mystical knowledge.
  • Gnostics
    • Noun: focused on eradication of ignorance.
Saints Athanasius and Cyril, believed by many to be responsible for establishing the “official” contents of the Bible at the Council of Nicea in 365

I came away with many questions, some of which I haven’t resolved to my satisfaction to this day:

  • What role did the patriarchal cultural and political structures of the time affect which of the various early Christian” books” would be brought together to become “the Bible”?
  • How many women were among the early followers and disciples of Jesus?
  • To what extent are the names attached to the books of the Bible accurate? (Except for Paul, little is known about any of the presumed authors.)
  • How much do the English translations of the Bible truly reflect the original language?
  • When whole panels of historians and scholars gather to make a revised Bible (e.g., The New Revised Standard Version),  how can people believe that the Bible isn’t open to interpretation?

Modern Library named The Gnostic Gospels as one of the 100 best books of the twentieth century.

Elaine Pagels, née Hiesey (born February 13, 1943), is an American religious historian. She is the Harrington Spear Paine Professor of Religion at Princeton University. Pagels has conducted extensive research into early Christianity and Gnosticism.  She started to learn Greek when she entered college, and read the Gospels in their original language.

She was part of the International Committee for the Nag Hammadi Codices, a team studying the Nag Hammadi Library manuscripts, also known as the “Chenoboskion Manuscripts” and the “Gnostic Gospels.” The thirteen papyrus codices were found sealed and buried outside the Egyptian town of Nag Hammadi in 1945. They contained several works written by members of the early Christian church and directly contradicted parts of the Bible that had been officially accepted doctrine for centuries.

Pagels received a MacArthur Fellowship in 1981 for her work with the Nag Hammadi research and how it related to the development of early Christianity. With archaeological evidence, she demonstrated how controversies over scriptural interpretation relate to certain social and political situations. She has published widely on Gnosticism and early Christianity, and continues to pursue research interests on topics that include sexuality and politics, visions, and the origins of Christian anti-Semitism.

Facsimile of a volume of the Nag Hammadi
from the Coptic Museum of Cairo
Nag Hammadi Codex II
from the Coptic Museum of Cairo

Elaine Pagels’s most recent book is very different from her publication. Why Religion? A Personal Story is a description of her own relationship with religion and how it changed over time. She discusses what originally led to her questions of faith in 7th grade and how studying religion helped her get through the loss of her young son and husband. With her own story, Pagels confronts questions of religion’s place in modern society and how religious traditions shape personal experiences.

In 2013 she received an honorary law degree from Harvard University, her alma mater. Elaine Pagels was awarded the National Medal for the Arts by President Barack Obama in 2016.

Pagels deserves attention during Women’s History Month because she has led so many to separate scholarship, belief, and doctrine, and to examine the role of each.

GOOD FEET, BAD FEET

Posted on by vlaw759
Red feet, Blue feet!

How much thought have you given to your characters’ feet? And shoes? Feet and shoes tend to go together, and both can be valuable as character details, plot devices, and sources of conflict. But let’s start with the basics. Are bare feet good or bad? Yes!

Health Concerns

The Upside of Bare Feet: 

  • Uninhibited flexibility, greater strength, and mobility of the foot.
  • Some research suggests that walking and running barefoot results in a more natural gait, allowing for a more rocking motion of the foot, eliminating hard heel strikes, generating less collision force in the foot and lower leg.
  • Many sports require going barefoot: gymnastics, martial arts, beach volleyball, and tug of war.  Rugby in South Africa is always played barefoot at the primary school level. Other sports have barefoot versions: running, hiking, and water skiing.
  • People who don’t wear shoes have a more natural toe position, not squished together.

The Downside of Bare Feet:

Hallux valgus, bunion
  • Losing protection from cuts, abrasions, bruises, hard surfaces, and extremes of heat or cold.
  • Constantly being barefoot increases likelihood of flat feet, bunions, and hammer toe.
  • Because feet are so sensitive, toe locks and striking the bottoms of the feet are often used as punishment.

Climate and Weather:

  • With no environmental need for shoes, Egyptians, Hindus, Greeks, and various African nations have historically gone barefoot.
  • Even when it isn’t necessary, people in such climates often wear ornamental footwear for special occasions.

General Symbolism

  • Baring one’s feet shows humility and subjugation.
  • Going barefoot symbolizes innocence, childhood, and freedom from constraints .
  • Bare feet are often a sign of poverty.
    • The assumption of ignorance and poor hygiene often accompanies the poverty of bare feet.
  • From Roman times on, footwear signaled wealth, power and status in most of Europe and North Africa.Shoes that are impractical or inhibit movement often signal enhanced status, such as Italian chopines, Chinese “Golden Lotus” bound feet, armored German sabatons, Polish crakows, and everything worn by Victoria Beckham.
  • Forbidding shoes marks the barefoot person as a slave or prisoner under the control of others.  Keeping prisoners barefoot is common in China, Zimbabwe, Thailand, Uganda, Iran, Pakistan, India, Congo, Malawi, Rwanda, Ivory Coast, and North Korea.

Cultural Aspects

Religion:

The Auspicious Lotus Feet of Lord Vishnu
  • Some religious sects take a vow of poverty, including obligatory bare feet.
  • Many Buddhists go barefoot as a reminder to be concerned for Mother Nature, to lead people in the path of virtue, and to develop the Buddhist spirit.
  • Roman Catholics show respect and humility before the Pope by kissing his feet. 
  • In Judaism and some Christian denominations it is customary to go barefoot while mourning.
  • Anyone entering a mosque or a Hindu temple is expected to remove his or her shoes. Stealing shoes from such a place is often considered a desecration.
    • Hindus show love and respect to a guru by touching his bare feet. 
    • Lord Vishnu’s feet are believed to contain symbols such as conch, fish, and disc.
  • In many spiritual traditions, body and soul are connected by the soles of the feet.

Europe:

  • Wearing shoes indoors is often considered rude or unhygienic in Austria, UK, Ireland, Netherlands, and Belgium.
  • In Italy, France, Spain, and Portugal, wearing shoes indoors is expected.

Asian Countries:

  • Showing the soles of the feet is seen as an insult because the feet are seen as unclean (“You are lower than the soles of my feet”).
  • Shoes are seen as dirty and so are removed before entering a mosque, temple, or house.

China:

  • Take your shoes off when entering a house.
  • The practice of foot-binding began in the 10th century as a sign of wealth and beauty. It was outlawed by Empress Dowager Cixi in 1902 (though this was largely ignored) and successfully outlawed by Sun Yat-Sen in 1912.

Japan:

  • Never cross your feet in Japan.
  • Students take off their street shoes when entering school and wear uwabaki, soft-soled clean shoes, to the classroom. Street shoes are stored in special lockers by the school entrance.

Thailand:

  • A prisoner must be barefoot in court during penal proceedings.
  • Because the feet are the lowest part of the body, they are considered filthy.
    • Showing the soles of your feet is extremely rude, a big taboo at any time.
  • Remove your shoes before entering a school, temple, or home.
  • In some houses or schools, inside slippers (never worn outside) are allowed.

India:

  • Shoes are considered impure, so it is customary to remove footwear when entering a home or a temple.
  • Charanasparsha is a very common gesture of respect and subservience made by bowing and touching the feet of the (always superior in age and position) person being honored.

Australia:

  • It’s common for people, particularly young people, to go barefoot in public. In some regions, students attend school barefoot.

New Zealand:

  • Many people, of all races and cases, conduct daily business barefoot.
  • Barefoot is more common in rural areas and some seasons.

South Africa:

  • Walking barefoot in public is common among all ethnic groups, in rural and urban areas.
  • The National Guidelines on School Uniform lists shoes as an optional item.
  • Barefoot people are common in public, shopping malls, stores, and events.

Canada:

I assume everyone in Canada wears these all the time.
  • Take off shoes when entering a home.
  • Elementary schools require students to have indoor shoes and provide a place to store outdoor footwear. Outdoor shoes are worn in high schools.
  • Some medical facilities require patients to remove shoes for reasons of cleanliness.
  • Office workers usually wear indoor shoes in winter, outdoor shoes in summer.

United Kingdom:

  • Mostly in rural areas, children and teenagers are accepted.
  • Some schools encourage barefoot participation in indoor and outdoor physical education.
  • The National Health Service encourages people to go barefoot or wear open-toed sandals in hot weather to avoid sweaty, smelly feet.

United States:

  • Many children in rural areas, and/or those in poverty go barefoot.
  • More commonly, people wear shoes both outdoors and indoors.
  • Businesses that don’t prepare or serve food can determine dress codes that prohibit or allow bare feet.

Miscellaneous:

  • Fairies and magical creatures in several cultures leave no footprints. Checking for footprints is a common method of identifying supernatural creatures and avoiding mischief.
  • Before a baby learns to walk, stroking the bottom of their foot will cause their toes to curl up. After the baby learns to walk (and for the rest of their pedestrian life), stroking the bottom of their foot will cause their toes to curl down.
  • Ancient Egyptian believed that stepping forward with the left foot trod out evil so the heart could proceed.
  • The foot chakra is one of the most important, as it helps pass the Divine Energy to Mother Earth, making powerful grounding .
  • Having a foot fetish or kink means being sexually aroused by feet or certain parts thereof, such as toes, arches, ankles, etc.

Bottom line for writers: What are your characters’ attitudes and behaviors regarding feet and shoes? And why?