Case XCII: Spiritual Affinity

Case.—Eugene, a Catholic layman and professor, is godfather for Raymond, a young collegian, who is brought into the true Church through Eugene’s efforts. Two years later Eulalie, the widowed mother of Raymond, also enters the fold through the influence of Eugene. The year following she accepts the proposal of her son’s godfather to wed him. Her Baptism was unconditional as it was clearly proven she had never been baptized. The priest applies for a dispensation from the impediment of spiritual affinity but is told none is necessary. So he marries Eugene and Eulalie without the dispensation.

Question.—Is the marriage valid?

Solution.—It is beyond dispute that this impediment is of ecclesiastical origin only. The first traces of it are found in the Council of Trullo (692), then in the Council of Rome (721). The Council of Trent had in mind the abolition of this impediment, but in the end merely modified and restricted its extension. The foundation of the impediment is the Sacrament of regeneration, completed by Confirmation, whence arises the spiritual relationship analogous to the natural relationship begotten by generation. In accordance with the present-day legislation of the Church this impediment affects only those who come under the jurisdiction of the Church, and as this is accomplished by the reception of the Sacrament of Baptism, only the baptized meet the requirements for the development of this relationship. It is held to be absurd to admit a relationship in the spiritual order when one or both of the parties to the relationship have not yet been born into that order; that is, have not yet been baptized. Where the relationship does not exist the impediment which it begets cannot exist. Hence in the case before us, when Eugene stood sponsor for the child of Eulalie by her first husband, he did not acquire the usual spiritual relationship, because Eulalie was not at that time under the jurisdiction of the Church, as she had not been baptized. It follows, then, that at that time there was no bar to the union of Eugene and Eulalie. But after the lapse of two years, Raymond’s mother, now a widow, submits herself to the jurisdiction of the Church by voluntarily seeking and receiving the Sacrament of Baptism. The question that confronts us now is, does the spiritual relationship which did not exist between Eugene and Eulalie on the day of her son’s baptism, spring into existence on the day of her own baptism by virtue of the baptism of Raymond? Does the relationship revive? On this point theologians are divided. Some are of the opinion that the impediment in question does not revive under the given conditions. They assert that this propinquity arises at the time of the baptism (Raymond’s) or it does not arise at all. That which by law does not subsist from the beginning is not strengthened by the passage of time. According to this opinion the contracting parties were validly married without a dispensation, since no impediment ever existed. According to the second opinion the relationship did arise fundamentaliter at the time of the child’s baptism, but by reason of the presence of an obex it could not have its effects. The effect is the impediment. When, then, the obex was removed, by the baptism of the mother, the effect of the relationship was in full force, and the impediment would invalidate the marriage unless first removed by the necessary dispensation. Gasparri holds that this opinion “is not to be despised.” All told, then, we must conclude that the existence of said impediment can be held to be doubtful. Since, however, a doubtful impediment is treated as non-existent, the parties interested could be validly married without a dispensation. We think, nevertheless, that in practice a dispensation ad cautelam should have been obtained and thus all cause for anxiety removed.

Under the new Code of Canon Law the impediment of spiritual relationship arising from Baptism has been limited to the person baptized, the one baptizing and the sponsor or sponsors (Canon 768). Hence it does away with the relationship of the sponsors and the one baptizing to the parents of the baptized.