Marriage in the Catholic Church | Wikipedia audio article


Marriage in the Roman Catholic Church, also
called matrimony, is the “covenant by which a man and a woman establish between themselves
a partnership of the whole of life and which is ordered by its nature to the good of the
spouses and the procreation and education of offspring”, and which “has been raised
by Christ the Lord to the dignity of a sacrament between the baptised.” Catholic matrimonial law, based on Roman law
regarding its focus on marriage as a free mutual agreement or contract, became the basis
for the marriage law of all European countries, at least up to the Reformation.==Roman Catholic Church view of the importance
of marriage==The Catechism of the Catholic Church states:
“The intimate community of life and love which constitutes the married state has been established
by the Creator and endowed by him with its own proper laws. . . . God himself is the author of marriage. The vocation to marriage is written in the
very nature of man and woman as they came from the hand of the Creator. Marriage is not a purely human institution
despite the many variations it may have undergone through the centuries in different cultures,
social structures, and spiritual attitudes. These differences should not cause us to forget
its common and permanent characteristics. Although the dignity of this institution is
not transparent everywhere with the same clarity, some sense of the greatness of the matrimonial
union exists in all cultures. The well-being of the individual person and
of both human and Christian society is closely bound up with the healthy state of conjugal
and family life.”It also says: “The Church attaches great importance to Jesus’ presence
at the wedding at Cana. She sees in it the confirmation of the goodness
of marriage and the proclamation that thenceforth marriage will be an efficacious sign of Christ’s
presence. In his preaching Jesus unequivocally taught
the original meaning of the union of man and woman as the Creator willed it from the beginning:
permission given by Moses to divorce one’s wife was a concession to the hardness of hearts. The matrimonial union of man and woman is
indissoluble; God himself has determined it, ‘what therefore God has joined together, let
no man put asunder’. This unequivocal insistence on the indissolubility
of the marriage bond may have left some perplexed and could seem to be a demand impossible to
realize. However, Jesus has not placed on spouses a
burden impossible to bear, or too heavy – heavier than the Law of Moses. By coming to restore the original order of
creation disturbed by sin, he himself gives the strength and grace to live marriage in
the new dimension of the Reign of God.”==
History of marriage in the Catholic Church=====
Early period===Marriage was considered a necessary passage
into adulthood, and strongly supported within the Jewish faith. The author of the letter to the Hebrews declared
that marriage should be held in honour among all, and early Christians defended the holiness
of marriage against the Gnostics and the Antinomians.At the same time, some in the emerging Christian
communities began to prize the celibate state higher than marriage, taking the model of
Jesus as guide. This was related to a widespread belief about
the imminent coming of the Kingdom of God; and thus the exhortation by Jesus to avoid
earthly ties. The apostle Paul in his letters also suggested
a preference for celibacy, but recognized that not all Christians necessarily had the
ability to live such a life: “Now as a concession, not a command, I say this. I wish that all were as I myself am. But each has his own gift from God, one of
one kind and one of another. To the unmarried and the widows I say that
it is good for them to remain single as I am. But if they cannot exercise self-control,
they should marry. For it is better to marry than to burn with
passion.” This teaching suggested that marriage be used
only as a last resort by those Christians who found it too difficult to exercise a level
of self-control and remain chaste, not having the gift of celibacy. Armstrong has argued that to a significant
degree, early Christians “placed less value on the family” and saw celibacy and freedom
from family ties as a preferable state for those capable of it. Nevertheless, this is tempered by other scholars
who state Paul would no more impose celibacy than insist on marriage. What people instinctively choose manifests
God’s gift. Thus, he takes for granted that the married
are not called to celibacy.As the Church developed as an institution and came into contact with
the Greek world, it reinforced the idea found in writers such as Plato and Aristotle that
the celibate unmarried state was preferable and more holy than the married one. At the same time, it challenged some of the
prevalent social norms such as the buying and selling of women into marriage, and defended
the right of women to choose to remain unmarried virgins for the sake of Christ. The stories associated with the many virgin
martyrs in the first few centuries of the Catholic Church often make it clear that they
were martyred for their refusal to marry, not necessarily simply their belief in Christ. The teaching on the superiority of virginity
over marriage expressed by Saint Paul was accepted by the early Church, as shown in
the 2nd-century Shepherd of Hermas. Justin Martyr, writing in the middle of the
2nd century, boasted of the “many men and women of sixty and seventy years of age who
from their childhood have been the disciples of Christ, and have kept themselves uncorrupted”. Virginity was praised by Cyprian (c. 200 – 258)
and other prominent Christian figures and leaders. Philip Schaff admits that it cannot be denied
that the later doctrine of the 16th century Council of Trent – “that it is more blessed
to remain virgin or celibate than to be joined in marriage” – was the view that dominated
the whole of the early Christian church. At the same time, the Church still discouraged
anyone who would “condemn marriage, or abominate and condemn a woman who is a believer and
devout, and sleeps with her own husband, as though she could not enter the Kingdom [of
heaven]”.For much of the history of the Catholic Church, no specific ritual was therefore prescribed
for celebrating a marriage – at least not until the late medieval period: “Marriage
vows did not have to be exchanged in a church, nor was a priest’s presence required. A couple could exchange consent anywhere,
anytime.”===
Church Fathers===Markus notes this impact on the early Christian
attitude, particularly as Christian anxiety about sex intensified after 400: “The superiority
of virginity and sexual abstinence was generally taken for granted. But a dark undercurrent of hostility to sexuality
and marriage became interwoven with the more benign attitudes towards the body.. Attitudes diverged, and mainstream Christianity
became infected with a pronounced streak of distrust towards bodily existence and sexuality. This permanent ‘encratite’ tendency was given
powerful impetus in the debates about Christian perfection at the end of the fourth and the
beginning of the fifth centuries.”While the Church Fathers of the Latin or Catholic Church
did not condemn marriage, they nevertheless taught a preference for celibacy and virginity. Bishop Ignatius of Antioch, writing around
110 to Bishop Polycarp of Smyrna said, “[I]t becomes both men and women who marry to form
their union with the approval of the bishop, that their marriage may be according to God,
and not after their own lust.”Tertullian (c. 160 – c. 225) noted as early as the second
century in his work “Ad Uxorem” that Christians were “requesting marriage” from their priests,
and he was satisfied how a priestly blessing could transform a sinful act into a sanctified
one; provided it was sanctified in moderation and only if children might be born of it. However, he also argued that a second marriage,
involving someone freed from the first by the death of a spouse, “will have to be termed
no other than a species of fornication”, an argument based partly on the reasoning that
such involves desiring to marry a woman out of sexual ardor.In his On Exhortation to Chastity
Tertullian argued that a second marriage, after someone has been freed from the first
by the death of a spouse, “will have to be termed no other than a species of fornication”. Claiming to find in the Book of Leviticus
a prohibition of remarriage by the priests of the Old Law similar to that for Christian
clergy in the Pauline pastoral epistles, he used it as an argument against remarrying
even on the part of lay Christians, whom Christ made “a kingdom, priests to his God and Father”:
“If you are a digamist, do you baptize? If you are a digamist, do you offer? How much more capital (a crime) is it for
a digamist laic to act as a priest, when the priest himself, if he turn digamist, is deprived
of the power of acting the priest! ‘But to necessity’, you say, ‘indulgence is
granted’. No necessity is excusable which is avoidable. In a word, shun to be found guilty of digamy,
and you do not expose yourself to the necessity of administering what a digamist may not lawfully
administer. God wills us all to be so conditioned, as
to be ready at all times and places to undertake (the duties of) His sacraments.”In his earlier
Ad uxorem also, Tertullian argued against second marriages, but said that, if one must
remarry, it should be with a Christian. In other writings, he argued strongly against
ideas like those he expressed in his On Exhortation to Chastity; and in his De anima he explicitly
stated that “the married state is blessed, not cursed by God”. Adhémar d’Alès has commented: “Tertullian
wrote a lot about marriage, and on no other subject has he contradicted himself as much.”Cyprian
(c. 200 – 258), Bishop of Carthage, recommended in his Three Books of Testimonies against
the Jews that Christians should not marry pagans. Addressing consecrated virgins he wrote: “The
first decree commanded to increase and to multiply; the second enjoined continency. While the world is still rough and void, we
are propagated by the fruitful begetting of numbers, and we increase to the enlargement
of the human race. Now, when the world is filled and the earth
supplied, they who can receive continency, living after the manner of eunuchs, are made
eunuchs unto the kingdom. Nor does the Lord command this, but He exhorts
it; nor does He impose the yoke of necessity, since the free choice of the will is left.”Jerome
(c. 347 – 420) commenting on Paul’s letter to the Corinthians wrote: “If ‘it is good
for a man not to touch a woman’, then it is bad for him to touch one, for bad, and bad
only, is the opposite of good. But, if though bad, it is made venial, then
it is allowed to prevent something which would be worse than bad. … Notice the Apostle’s carefulness. He does not say: ‘It is good not to have a
wife’, but, ‘It is good for a man not to touch a woman’. … I am not expounding the law as to husbands
and wives, but discussing the general question of sexual intercourse – how in comparison
with chastity and virginity, the life of angels, ‘It is good for a man not to touch a woman’.” He also argued that marriage distracted from
prayer, and so virginity was better: “If we are to pray always, it follows that we must
never be in the bondage of wedlock, for as often as I render my wife her due, I cannot
pray. The difference, then, between marriage and
virginity is as great as that between not sinning and doing well; nay rather, to speak
less harshly, as great as between good and better.” Regarding the clergy, he said: “Now a priest
must always offer sacrifices for the people: he must therefore always pray. And if he must always pray, he must always
be released from the duties of marriage.” In referring to Genesis chapter 2, he further
argued that, “while Scripture on the first, third, fourth, fifth, and sixth days relates
that, having finished the works of each, God saw that it was good, on the second day it
omitted this altogether, leaving us to understand that two is not a good number because it destroys
unity, and prefigures the marriage compact.” Jerome reaffirmed Genesis 1:28 (“God blessed
them, and God said unto them, Be fruitful, and multiply, and replenish the earth”) and
Hebrews 13:4 (“Marriage is honourable in all”), and distanced himself from the disparagement
of marriage by Marcion and Manichaeus, and from Tatian, who thought all sexual intercourse,
even in marriage, to be impure.There were, of course, counter-views. Pelagius thought Jerome showed bitter hostility
to marriage akin to Manichaean dualism, an accusation that Jerome attempted to rebut
in his Adversus Jovinianum: “We do not follow the views of Marcion and Manichaeus, and disparage
marriage; nor, deceived by the error of Tatian, the leader of the Encratites, do we think
all intercourse impure; he condemns and rejects not only marriage but also food which God
created for the use of man. We know that in a great house, there are not
only vessels of gold and silver, but also of wood and earthenware. […] While we honour marriage we prefer virginity
which is the offspring of marriage. Will silver cease to be silver, if gold is
more precious than silver?” Elsewhere he explained: “Someone may say:
‘And do you dare disparage marriage, which is blessed by the Lord?’ It is not disparaging marriage when virginity
is preferred to it. No one compares evil with good. Let married women glory too, since they come
second to virgins. Increase, He says, and multiply, and fill
the earth. Let him who is to fill the earth increase
and multiply. Your company is in heaven.” Mocking a monk who accused him of condemning
marriage, Jerome wrote: “He must hear at least the echo of my cry, ‘I do not condemn marriage’,
‘I do not condemn wedlock’. Indeed — and this I say to make my meaning
quite clear to him — I should like every one to take a wife who, because they get frightened
in the night, cannot manage to sleep alone.”It was Augustine (354–430), whose views subsequently
strongly influenced Western theology, that was most influential in developing a theology
of the sacramentality of Christian marriage. In his youth, Augustine had also been a follower
of Manichaeism, but after his conversion to Christianity he rejected the Manichaean condemnation
of marriage and reproduction for imprisoning spiritual light within material darkness. He subsequently went on to teach that marriage
is not evil, but good, even if it is not at the level of choosing virginity: “Marriage
and fornication are not two evils, whereof the second is worse: but marriage and continence
are two goods, whereof the second is better.”In his On the Good of Marriage, of 401, he distinguished
three values in marriage: fidelity, which is more than sexual; offspring, which “entails
the acceptance of children in love, their nurturance in affection, and their upbringing
in the Christian religion; and sacrament, in that its indissolubility is a sign of the
eternal unity of the blessed. Like the other Church Fathers of East and
West, Augustine taught that virginity is a higher way of life, although it is not given
to everyone to live at that higher level. In his De bono coniugali (On the Good of Marriage),
he wrote: “I know what people are murmuring: ‘Suppose’, they remark, ‘that everyone sought
to abstain from all intercourse? How would the human race survive?’ I only wish that this was everyone’s concern
so long as it was uttered in charity, ‘from a pure heart, a good conscience, and faith
unfeigned’; then the city of God would be filled much more speedily, and the end of
the world would be hastened.” Armstrong sees in this an apocalyptic dimension
in Augustine’s teaching. Reynolds says that Augustine’s comment on
this wildly hypothetical objection by Jovinian may have been that the saintliness of a church
in which all had chosen celibacy would mean that it comprised enough members to fill God’s
city or that the church would thereby gather souls to herself even more rapidly than she
was already doing. Nevertheless, Augustine’s name “could, indeed,
be invoked through the medieval centuries to reinforce the exaltation of virginity at
the expense of marriage and to curtail the role of sexuality even within Christian marriage”.Finally,
Isidore of Seville (c. 560 – 636) refined and broadened Augustine’s formulation and
was part of the chain by which it was transmitted to the Middle Ages.Although not a church father,
but belonging to the same period, in Adomnan of Iona’s biography of St Columba, the saint
at one point is mentioned as meeting a woman who refuses to sleep with her husband and
perform her marriage duties. When Columba meets the woman, she says that
she would do anything, even to go to a monastery and become a nun, rather than to sleep with
him. Columba tells the woman that the commandment
of God is for her to sleep with her husband and not to leave the marriage to be a nun,
because once they are married the two have become one flesh.===Medieval period=======
Sacramental development====The medieval Christian church, taking the
lead of Augustine, developed the sacramental understanding of matrimony. However, even at this stage the Catholic Church
did not consider the sacraments equal in importance. Marriage has never been considered either
to be one of the sacraments of Christian initiation (Baptism, Confirmation, Eucharist) or of those
that confer a character (Baptism, Confirmation, Holy Orders).With the development of sacramental
theology, marriage was included in the select seven to which the term “sacrament” was applied. Explicit classification of marriage in this
way came in reaction to the contrary teaching of Catharism that marriage and procreation
are evil: the first official declaration that marriage is a sacrament was made at the 1184
Council of Verona as part of a condemnation of the Cathars. In 1208, Pope Innocent III required members
of another religious movement, that of the Waldensians, to recognize that marriage is
a sacrament as a condition for being received back into the Catholic Church. In 1254, Catholics accused Waldensians of
condemning the sacrament of marriage, “saying that married persons sin mortally if they
come together without the hope of offspring”. The Fourth Lateran Council of 1215 had already
stated in response to the teaching of the Cathars: “For not only virgins and the continent
but also married persons find favour with God by right faith and good actions and deserve
to attain to eternal blessedness.” Marriage was also included in the list of
the seven sacraments at the Second Council of Lyon in 1274 as part of the profession
of faith required of Michael VIII Palaiologos. The sacraments of marriage and holy orders
were distinguished as sacraments that aim at the “increase of the Church” from the other
five sacraments, which are intended for the spiritual perfection of individuals. The Council of Florence in 1439 again recognised
marriage as a sacrament.The medieval view of the sacramentality of marriage has been
described as follows: “Like the other sacraments, medieval writers argued marriage was an instrument
of sanctification, a channel of grace that caused God’s gracious gifts and blessings
to be poured upon humanity. Marriage sanctified the Christian couple by
allowing them to comply with God’s law for marriage and by providing them with an ideal
model of marriage in Christ the bridegroom, who took the church as his bride and accorded
it highest love, devotion, and sacrifice, even to the point of death.”====Liturgical practice====
Matrimony, for most of Church history, had been celebrated (as in traditions such as
the Roman and Judaic) without clergy and was done according to local customs. The first available written detailed account
of a Christian wedding in the West dates only from the 9th century and appears to be identical
to the old nuptial service of Ancient Rome. However, early witnesses to the practice of
intervention by the clergy in the marriage of early Christians include Tertullian, who
speaks of Christians “requesting marriage” from them, and Ignatius of Antioch, who said
Christians should form their union with the approval of the bishop – although the absence
of clergy placed no bar, and there is no suggestion that the recommendation was widely adopted.In
the 4th century in the Eastern Church it was the custom in some areas for marriages to
receive a blessing by a priest to ensure fertility. There are also a few accounts of religious
nuptial services from the 7th century onward. However, while in the East the priest was
seen as ministering the sacrament, in the West it was the two parties to the marriage
(if baptized) who effectively ministered, and their concordant word was sufficient proof
of the existence of a sacramental marriage, whose validity required neither the presence
of witnesses nor observance of the law of the 1215 Fourth Lateran Council that demanded
publication of the banns of marriage.Thus, with few local exceptions, until in some cases
long after the Council of Trent, marriages in Europe were by mutual consent, declaration
of intention to marry and upon the subsequent physical union of the parties. The couple would promise verbally to each
other that they would be married to each other; the presence of a priest or witnesses was
not required. This promise was known as the “verbum.” If freely given and made in the present tense
(e.g., “I marry you”), it was unquestionably binding; if made in the future tense (“I will
marry you”), it would constitute a betrothal. One of the functions of churches from the
Middle Ages was to register marriages, which was not obligatory. There was no state involvement in marriage
and personal status, with these issues being adjudicated in ecclesiastical courts. During the Middle Ages marriages were arranged,
sometimes as early as birth, and these early pledges to marry were often used to ensure
treaties between different royal families, nobles, and heirs of fiefdoms. The church resisted these imposed unions,
and increased the number of causes for nullification of these arrangements. As Christianity spread during the Roman period
and the Middle Ages, the idea of free choice in selecting marriage partners increased and
spread with it.The validity of such marriages even if celebrated under a tree or in a tavern
or in a bed was upheld even against that of a later marriage in a church. Even after the Council of Trent made the presence
of the parish priest or his delegate and of at least two more witnesses a condition for
validity, the previous situation continued in the many countries where its decree was
not promulgated. It ended only in 1908, with the coming into
force of the Ne Temere decree. In the 12th century, Pope Alexander III decreed
that what made a marriage was the free mutual consent by the spouses themselves, not a decision
by their parents or guardians. After that, clandestine marriages or youthful
elopements began to proliferate, with the result that ecclesiastical courts had to decide
which of a series of marriages that a man was accused of celebrating was the first and
therefore the valid one. Though “detested and forbidden” by the Church,
they were acknowledged to be valid. Similarly today, Catholics are forbidden to
enter mixed marriages without permission from an authority of the Church, but if someone
does enter such a marriage without permission, the marriage is reckoned to be valid, provided
the other conditions are fulfilled, although illicit.===Counter-Reformation===In the 16th century, various groups adhering
to the Protestant Reformation denied in different degrees the sacramental nature of most Catholic
sacraments. In reaction, the Council of Trent on 3 March
1547 carefully named and defined the Catholic Church’s sacraments, reaffirming the teaching
that marriage is a sacrament − from 1184, 1208, 1274 and 1439. Recalling scripture, the apostolic traditions
and the declarations of previous councils and of the Church Fathers, the bishops declared
that there were precisely seven sacraments, with marriage one of them, and that all seven
are truly and properly sacraments.Desiderius Erasmus had influenced the debate in the first
part of the 16th century by publishing in 1518 an essay in praise of marriage (Encomium
matrimonii), which argued that the single state was “a barren way of life hardly becoming
to a man”. The theologian Josse Clichtove working at
the University of Paris interpreted this as an attack on chastity, but Erasmus had found
favor with Protestant reformers who acknowledged the argument as a useful tool to undermine
compulsory clerical celibacy and monasticism.Diarmaid MacCulloch argued that the action taken at
Trent was therefore partly a response by Roman Catholicism to demonstrate that it was as
serious about marriage and the family as the Protestants,.On 11 November 1563, the Council
of Trent condemned the view that “the marriage state is to be placed above the state of virginity,
or of celibacy, and that it is not better and more blessed to remain in virginity, or
in celibacy, than to be united in matrimony”. And while Catholics upheld the supernatural
character of marriage, it was Protestants who viewed it as not a sacrament and who admitted
divorce.The decree Tametsi of 1563 was one of the last decisions made at Trent. The decree effectively sought to impose the
Church’s control over the process of marriage by laying down as strict conditions as possible
for what constituted a marriage. John P. Beal says the Council, “stung by the
Protestant reformers’ castigation of the Catholic Church’s failure to extirpate clandestine
marriages”, issued the decree “to safeguard against invalid marriages and abuses in clandestine
marriages”, which had become “the scourge of Europe”. In 1215 the Fourth Lateran Council had prohibited
marriages entered into clandestinely but, unless there was some other impediment, considered
them valid though illicit. Tametsi made it a requirement even for validity,
in any area where the decree was officially published, that the marriage take place in
the presence of the parish priest and at least two witnesses. This revolutionised earlier practice in that
“marriages that failed to meet these requirements would from the time of the promulgation of
the decree be considered invalid and of no effect”; and it required that the priest keep
written records, with the result that parents had more control over their children’s marriages
than before. It also instituted controls over the marriages
of persons without fixed addresses (“vagrants are to be married with caution”), “regulated
the times at which marriages could be celebrated, abolished the rule that sexual intercourse
created affinity, and reiterated the ban on concubinage”.For fear that the decree would
“identify and multiply the number of doubtful marriages, particularly in Protestant areas,
where ‘mixed’ marriages were common”, the council hesitated to impose it outright and
decided to make its application dependent on local promulgation. In fact, Tametsi was never proclaimed worldwide. It had no effect in France, England, Scotland
and many other countries and in 1907 was replaced by the decree Ne Temere, which came into effect
universally at Easter 1908.==Validity of marriage in the Catholic Church
==The Catholic Church also has requirements
before Catholics can be considered validly married in the eyes of the Church. A valid Catholic marriage results from four
elements: (1) the spouses are free to marry; (2) they freely exchange their consent; (3)
in consenting to marry, they have the intention to marry for life, to be faithful to one another
and be open to children; and (4) their consent is given in the canonical form, i.e., in the
presence of two witnesses and before a properly authorized church minister. Exceptions to the last requirement must be
approved by church authority. The Church provides classes several months
before marriage to help the participants inform their consent. During or before this time, the would-be spouses
are confirmed if they have not previously received confirmation and it can be done without
grave inconvenience (Canon 1065). The Catholic Church also recognizes as sacramental,
(1) the marriages between two baptized Protestants or between two baptized Orthodox Christians,
as well as (2) marriages between baptized non-Catholic Christians and Catholic Christians,
although in the latter case, consent from the diocesan bishop must be obtained, with
this termed “permission to enter into a mixed marriage”. To illustrate (1), for example, “if two Lutherans
marry in the Lutheran Church in the presence of a Lutheran minister, the Catholic Church
recognizes this as a valid sacrament of marriage.” On the other hand, although the Catholic Church
recognizes marriages between two non-Christians or those between a Catholic Christian and
a non-Christian, these are not considered to be sacramental, and in the latter case,
the Catholic Christian must seek permission from his/her bishop for the marriage to occur;
this permission is known as “dispensation from disparity of cult”. The Church prefers that marriages between
Catholics, or between Catholics and other Christians, be celebrated in the parish church
of one of the spouses. Those helping to prepare the couple for marriage
can assist with the permission process. In present-day circumstances, with communities
no longer so homogeneous religiously, authorization is more easily granted than in earlier centuries.===Canonical form===The canonical form of marriage began to be
required with the decree Tametsi issued by the Council of Trent on 11 November 1563. The decree Ne Temere of Pope Pius X in 1907
made the canonical form a requirement even where the decree of the Council of Trent had
not been promulgated. While allowing for exceptions, the canonical
form of marriage, as laid down in canons 1055–1165 of the 1983 Code of Canon Law and canons 776-866
of the Code of Canons of the Eastern Churches, normally recognizes marriages of Catholics
as valid only if contracted before the local bishop or parish priest or a priest or (in
the Latin Church only) a deacon delegated by them, and at least two witnesses. At earlier times, validity was not made dependent
on fulfilment of this condition.====Freedom to marry====
The participants in a marriage contract must be free to marry and to marry each other. That is, they must be an unmarried man and
woman with no impediments as set out by canon law.====Impediments====A Catholic marriage cannot be formed if one
or more of the following impediments are given, although for some of these a dispensation
can be given. Antecedent and perpetual impotence. Consanguinity to the fourth collateral line
(3rd cousin), including legal adoption to the second collateral line. Affinity (relationship by marriage, e.g. a
brother-in-law) in the direct line. Prior bond (the bond of a prior marriage,
even if not consummated). Holy Orders. … Permission to marry is only given to those
ordained clergy who have been fully laicized (relieved of active ministry, and then dismissed
from the clerical state, a process which is begun by the (arch-)diocese or religious order
community and is finally granted by the Roman Curia at the Vatican subject to papal approval:
either the Congregation for Bishops (if the cleric was a bishop), the Congregation for
the Clergy (if the cleric was a secular or diocesan priest or deacon), or the Congregation
for Institutes of Consecrated Life and Societies of Apostolic Life (for those clergy who are
members of religious orders or secular institutes or other, unvowed societies). Laicization is given only for serious reasons
for deacons, for grave reasons for priests, and very rarely for prelates. However, permanent deacons who are widowed
have received permission from their pastors and dioceses and the Vatican to marry after
ordination without having to leave the clerical state, probably to better support their families. A seminarian who has become a deacon, in a
similar manner to other seminarians who leave the program of formation prior to priestly
ordination, may be allowed to marry after a period of time and start a family, and,
with the permission of the ordinary and the Vatican and the permission of his supervisor
– his pastor or former religious superior – may continue to function as a secular,
non-religious deacon. Perpetual vows of chastity in a religious
institute. … It is harder to be excused from permanent,
solemn vows as a religious than it is from the novitiate or from preliminary, initial
vows, especially if the religious is ordained; it requires the permission of the local and
regional religious superior, the knowledge of the local ordinary, and the permission
– subject to final papal approval – of the Congregation for Institutes of Consecrated
Life and Societies of Apostolic Life. Disparity of cult (one party not being baptised
into a Trinitarian Christian denomination). Crimen (one party previously conspiring to
marry upon condition of the death of his/her spouse while still married); also called “conjugicide”. Underage (at least 16 for males, 14 for females). Abduction.====Times of year for celebrating a marriage
====In the Latin Church, marriage may be celebrated
during Lent even within a Nuptial Mass; however, it is considered inappropriate to have such
a celebration during Holy Week and impossible during the Easter Triduum. In principle, no day of the week is excluded
for marriage. Some Eastern Catholic Churches do not allow
marriage during Lent. In earlier times, while the Latin Church allowed
marriage to be celebrated at any time, it prohibited the solemn blessing of marriages
during Advent and on Christmas Day, and during Lent and on Easter Sunday.===Mixed marriages===
While marriage between a Catholic and any non-Catholic is commonly spoken of as a mixed
marriage, in the strict sense a mixed marriage is one between a Catholic (baptized in the
Catholic Church or received into it) and a non-Catholic Christian.The Catholic Church
has from the start opposed marriage between a Catholic and any non-Catholic, baptized
or not, seeing it as “degrading the holy character of matrimony, involving as it did a communion
in sacred things with those outside the fold. […] it was but natural and logical for the
Church to do all in her power to hinder her children from contracting marriage with those
outside her pale, who did not recognize the sacramental character of the union on which
they were entering.” The Church thus saw as obstacles to a Catholic’s
marriage what came to be called the two impediments of mixed religion (in Latin, mixta religio)
and of difference of worship (in Latin disparitas cultus).====Marriage with a non-Catholic Christian
====From an early stage, Church councils forbade
Catholic Christians to marry heretics or schismatics. Unlike marriage with a non-Christian, which
came to be considered invalid, marriage with a heretic was seen as valid, though illicit
unless a dispensation had been obtained. However, the Church’s opposition to such unions
is very ancient. Early regional councils, such as the 4th-century
Council of Elvira and the Council of Laodicea, legislated against them; and the ecumenical
Council of Chalcedon prohibited such unions especially between members of the lower ecclesiastical
grades and heretical women.In 692, the Council in Trullo declared such marriages invalid,
a decision accepted in the East, but not in the West.The advent of Protestantism in the
16th century renewed the problem of mixed marriages, and caused more stringent legislation. In those countries where the Council of Trent’s
Tametsi decree was promulgated, mixed marriages began to be viewed as invalid in the West,
not directly because of being mixed, but because a condition for validity imposed by the decree
was not observed, namely, that marriages be contracted before the parish priest or a priest
delegated by him and at least two witnesses. This decree required the contract to be entered
into before the parish priest or some other priest delegated by him, and in the presence
of two or three witnesses under penalty of invalidity. Even where the Tametsi decree had been promulgated,
the Church did not find it possible to insist on the rigour of this legislation in all countries,
owing to strong Protestant opposition. Pope Benedict XIV issued a declaration (the
“Benedictine dispensation”) concerning marriages in the Netherlands and Belgium (1741), in
which he declared mixed unions to be valid, provided they were according to the civil
laws. A similar declaration was made concerning
mixed marriages in Ireland by Pope Pius, in 1785, and gradually the “Benedictine dispensation”
was extended to various localities. Pius VI allowed mixed marriages in Austria
to take place in the presence of a priest, provided no religious solemnity was employed,
and with the omission of public banns, as evidence of the unwillingness of the Church
to sanction such unions. In 1869, the Congregation of the Propaganda
further permitted such marriages but only under condition of grave necessity, fearing
the faithful “expose themselves to the grave dangers inherent in these unions”. Bishops were to warn Catholics against such
marriages and not to grant dispensations for them except for weighty reasons and not at
the mere will of the petitioner. In countries where the decree was not promulgated,
marriages otherwise contracted, called clandestine marriages, continued to be considered valid
until the decree was replaced in 1908 by the decree Ne Temere of Pope Pius X, which revoked
the “Benedictine dispensation”.Catholics are forbidden to marry non-Catholic Christians
“without express permission of the competent authority”, but, if the other conditions are
fulfilled, such a marriage entered into in spite of the prohibition is seen as valid
and also, since it is a marriage between baptized persons, as a sacrament. A condition for granting permission to marry
a non-Catholic is that the Catholic party undertake to remove dangers of defecting from
the faith and to do all in his or her power so that all the children are baptized and
brought up in the Catholic Church; the other party is to be made aware of this undertaking
and obligation of the Catholic party.====Marriage with a non-Christian====
The early Church did not consider invalid a Catholic’s marriage with a non-Christian
(someone not baptized), especially when the marriage had taken place before the Catholic’s
conversion to the faith. It was nevertheless hoped that the converted
wife or husband would be the means of bringing the other party into the Church, or at least
safeguarding the Catholic upbringing of the children of the union. “This held even for Jews, though the Church
was naturally more opposed to wedlock between them and Christians, even than with pagans,
owing to the intense Jewish hatred for the sacred name of Christ.” With the growth of the Church, the need for
such unions diminished and the objection to them grew stronger. More by custom than by church legislation,
such marriages gradually came to be considered invalid and disparitas cultus came to be seen
as an impediment to marriage by a Catholic. There were also enactments on a local level
against marriages with pagans (Council of Carthage (397), and under Stephen I of Hungary
in the early 11th century) and with Jews (Third Council of Toledo in 589). When the Decretum of Gratian was published
in the 12th century, this impediment became part of canon law. From that time forward, all marriages contracted
between Catholics and non-Christians were held to be invalid unless a dispensation had
been obtained from the ecclesiastical authority.A marriage between a Catholic and a non-Christian
(someone not baptized) is seen by the Church as invalid unless a dispensation (called a
dispensation from “disparity of cult”, meaning difference of worship) is granted from the
law declaring such marriages invalid. This dispensation can only be granted under
certain conditions. If the dispensation is granted, the Church
recognizes the marriage as valid, but natural rather than sacramental, since the sacraments
can be validly received only by the baptized, and the non-Christian person does not share
a relationship to Christ.===Remarriage of widows or widowers===
The teaching of the Catholic Church is that a married couple commit themselves totally
to one another until death. The vows they make to each other in the wedding
rite are a commitment “til death do us part”. After the death of one, the other is free
to marry again or to remain single. Some choose to become priests or religious. This path was chosen by some even in the early
Christian centuries by people such as Saint Marcella, Saint Paula, Saint Galla of Rome
and Saint Olympias the Deaconess.==Ministers of matrimony=====
Latin Church===The husband and wife must validly execute
the marriage contract. In the Latin Catholic tradition, it is the
spouses who are understood to confer marriage on each other. The spouses, as ministers of grace, naturally
confer upon each other the sacrament of matrimony, expressing their consent before the church. This does not eliminate the need for church
involvement in the marriage; under normal circumstances, canon law requires for validity
the attendance of the local bishop or parish priest (or a priest or deacon delegated by
either of them) and at least two witnesses. The priest has merely the role to “assist”
the spouses in order to ensure that the marriage is contracted in accord with canon law, and
is supposed to attend whenever it is possible. A competent layperson may be delegated by
the Church, or may just attend in place of the priest, if it is impractical to have a
priest attending. In the event that no competent layperson is
found, the marriage is valid even if done in the presence of two witnesses alone. For example, in May 2017, the Congregation
for Divine Worship and the Discipline of the Sacraments granted a bishop’s request that
a nun be granted permission to officiate at a marriage ceremony in Quebec because of a
shortage of priests.===Eastern Catholic churches===Eastern Catholic churches share the tradition
common throughout Eastern Christianity, according to which the minister of the sacrament is
the bishop or priest who “crowns the bridegroom and the bride as a sign of the marriage covenant”,
a ceremony that has led to the sacrament being called the Crowning.==Indissolubility==
Catholic theology teaches that a validly-contracted sacramental marriage is accompanied by divine
ratification, creating a virtually indissoluble union until the couple consummate, after which
the sacramental marriage is dissoluble only by the death of a spouse. An unconsummated marriage can be dissolved
by the Pope, as Vicar of Christ. Once a sacramental marriage is consummated,
only a separation is possible: the marriage bond cannot be dissolved by any power. In the eyes of the Church, even validly contracted
natural marriages (marriages in which at least one of the parties is not baptized) cannot
be dissolved by the will of the couple or by any action of the state. Accordingly, “the Catholic Church does not
recognize or endorse civil divorce of a natural marriage, as of a sacramental marriage”. However, a natural marriage, even if consummated,
can be dissolved by the Church when to do so favours the maintenance of the faith on
the part of a Christian, cases of what has been called Pauline privilege and Petrine
privilege. In these cases, which require intervention
by the Holy See, the Church admits real divorce, actual dissolution of a valid marriage, as
distinct from the granting by merely human power of a divorce that, according to Catholic
theology, does not really dissolve the marriage bond. While the violation of some regulations may
make a marriage illicit, but not invalid, some conditions are essential and their absence
means that there is in fact no valid marriage, and the participants are considered not to
be actually married. However, Canon 1137 states that children born
to a “putative” marriage (defined in Canon 1061, sec. 3 as one that is not valid but
was entered into in good faith by at least one spouse) are legitimate; therefore, the
declaration that a marriage is null does not render the children of that marriage illegitimate.===Annulments===The Catholic Church has consistently taken
the position that, while dissolution of a valid natural marriage, even if consummated,
may be granted for the sake of someone’s Christian faith (“in favorem fidei”), though not for
other reasons, and that a valid sacramental marriage, if not consummated, may be dissolved,
a valid sacramental consummated marriage is indissoluble. There is no divorce from such a marriage. However, what is referred to as a marriage
annulment occurs when two competent ecclesiastical tribunals hand down concordant judgements
that a particular marriage was not in fact a valid one.Requirements for the validity
of marriage are listed in the Code of Canon Law under the headings “Diriment Impediments”
(such as being too young, being impotent, being already married, being ordained), “Matrimonial
Consent” (which requires, for instance, sufficient use of reason, psychic ability to assume the
essential obligations of marriage, and freedom from force and fear), and “The Form of the
Celebration of Marriage” (normally requiring that it be contracted in the presence of the
parish priest or his delegate and at least two other witnesses).An annulment is a declaration
that the marriage was invalid (or null) at the time the vows were exchanged. Thus, an annulment is declared only when an
ecclesial tribunal finds a lack of validity in the marriage at the time of the marital
contract. Behaviour subsequent to the contract is not
directly relevant, except as post factum evidence of the validity or invalidity of the contract. That is, behaviour subsequent to the contract
cannot actually change the validity of the contract. For example, a marriage would be invalid if
one of the parties, at the time of marriage, did not intend to honour the vow of fidelity. If the spouse did intend to be faithful at
the time of the marriage but later committed adultery this does not invalidate the marriage. The teaching of the Catholic church is that
annulment and divorce therefore differ, both in rationale and effect; an annulment is a
finding that a true marriage never existed, whereas a divorce is a dissolution of marriage. In canon law there are numerous reasons for
granting annulments of marriages that were entered into invalidly. MacCulloch has noted the “ingenuity” of Roman
Catholic lawyers in deploying these in the historical context.Annulments are not restricted
to marriages. A similar process can lead to the annulment
of an ordination.==Sins against marriage and conjugal chastity
==The teaching of the Catholic Church is that
marriage may only be between one man and one woman with each partner’s free and willing
consent for the good of each other and for the transmission of human life. The church believes adultery, divorce, remarriage
after divorce, marriage without the intent to transmit life, polygamy, incest, child
abuse, free union, and trial marriage are sins against the dignity of marriage. The church also believes that chastity must
be practiced by spouses, and that sins against chastity include lust, masturbation, fornication,
pornography, prostitution, rape, incest, child abuse, and homosexuality.The Catholic Church
opposes introduction of both civil and religious same-sex marriage. The Church also holds that same-sex unions
are an unfavourable environment for children and that the legalization of such unions damages
society. Leading figures in the Catholic hierarchy,
including cardinals and bishops, have publicly voiced or actively opposed legislation of
civil same-sex marriage and encouraged others to do the same, and have done likewise with
regard to same-sex civil unions and adoption by same-sex couples.There are a growing number
of Catholics globally who dissent from the official position of the Roman Catholic hierarchy
and express support for civil unions or civil same-sex marriage. In some locations, for example North America,
Northern and Western Europe, there is stronger support for LGBT rights (such as civil unions,
civil same-sex marriage and protection against discrimination) than the general population
at large.==See also

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