§ 1. Mixed Religion

82. • I. Notion.

Mixed religion is present when one party is Catholic, but the other is enrolled in a heretical or schismatic sect and validly baptized.

83. • II. Mixed religion as a prohibiting impediment of matrimony.

a. From ecclesiastical law.

"Everywhere the Church most severely prohibits matrimony from being entered between two baptized persons, of whom one is Catholic, but the other is enrolled in a heretical or schismatic sect." (Can. 1060.)

b. Sometimes from natural and divine law.

"But if there is present a danger of perversion of the Catholic spouse and of the offspring, the union is forbidden also by divine law itself." (Ibid.)

84. • III. What the Church thinks concerning mixed marriages.

a. The Church detests mixed marriages, since they import communion in divine things with a heterodox person, since the spouses mutually administer to each other the sacrament of matrimony, and besides induce a grave danger for the Catholic party of losing the faith and for the offspring to be born of non-Catholic education. And unless that twofold danger is guarded against and made remote, the natural divine law itself forbids unions of this kind. (Can. 1060.)

b. Wherefore "Ordinaries and other pastors of souls:

1° Should deter the faithful from mixed nuptials, as much as they can;

2° If they cannot impede them, should take care with every effort that they not be contracted against the laws of God and of the Church." (Can. 1064.)

85. • IV. Dispensation from this impediment.

By proper right it pertains to the Holy See alone, namely to the Holy Office (can. 247 § 3), even for regions subject to the Sacred Congregation de Propaganda Fide and the Sacred Congregation for the Oriental Church (Can. 252 § 4; Can. 257 § 2).

Bishops do not have such power, unless it has been specially delegated to them by the Holy See, which nevertheless they are accustomed to obtain.

86. • V. Conditions required for dispensation.

a. "Just and grave causes must urge." (Can. 1061 § 1, 1°.)

Such causes are: the good of the Christian republic, grave danger of apostasy for the Catholic party, fear of a civil marriage or one before a non-Catholic minister, founded hope of conversion of the non-Catholic party, etc.

Dispensation without a just and grave cause, if granted by the Roman Pontiff, would be illicit but valid, saving natural law; if by a Bishop by force of an indult, it would be illicit and invalid.

b. "The non-Catholic spouse must have given a caution concerning removing from the Catholic spouse the danger of perversion, and each spouse concerning all offspring to be baptized and educated only Catholic." (Can. 1061 § 1, 2°.)

The aforesaid cautions are to be required even when danger of death is urgent. (Can. 1043.)

c. "There must be had moral certitude concerning the fulfillment of the cautions." (ibid. 3°.)

d. "The cautions are regularly to be required in writing." (ibid. § 2.)

Care must be taken that the written promise be preserved in the parochial or episcopal archive.

"Once mixed nuptials have been celebrated, whether in one's own or in another territory, let them diligently watch (Ordinaries and other pastors of souls) that the spouses faithfully fulfill the promises made." (Can. 1064, 3°.)

87. • VI. The rite to be observed in a mixed marriage.

a. The pastor or delegate must altogether require and receive the consent of the parties before two witnesses, as in other marriages. (Can. 1102 § 1.) And therefore the so-called passive assistance is altogether prohibited as invalid, even in places where it had previously been granted for illicit mixed marriages.¹

¹ Cf. Response of the Pontifical Commission for Authentically Interpreting the Canons of the Code, of the day 10 March 1928 (Acta Apostolicae Sedis, v. XX, p. 120).

b. "All sacred rites are prohibited" (Can. 1102 § 2), and the matrimony is celebrated outside the church. (Can. 1109 § 3.)

The priest is to be clothed in no sacred habit for celebrating the matrimony.

c. "If, however, grave evils are foreseen from this prohibition," the Ordinary can dispense in this law and permit that matrimony be celebrated in church with some "of the customary ecclesiastical ceremonies, the celebration of Mass always being excluded." (Can. 1102 § 2; 1109 § 3.)

88. • VII. The prohibition of approaching a non-Catholic minister as one devoted to sacred things.

a. "Even if a dispensation has been obtained from the Church concerning the impediment of mixed religion, the spouses cannot, either before or after matrimony entered before the Church, also approach, whether personally or by procurator, a non-Catholic minister as one devoted to sacred things, for the purpose of offering or renewing matrimonial consent." (Can. 1063 § 1.)

This prohibition does not admit dispensation, as pertaining to divine law.

For the manner of acting which is here reproved would be, for the Catholic party, sacrilegious participation in a heretical or schismatic rite.

b. Note the words "as one devoted to sacred things." For indeed "it is not disapproved... that, when civil law commands it, the spouses present themselves also before a non-Catholic minister, functioning only in the office of a civil official, and this only for fulfilling the civil act, for the sake of civil effects." (Can. 1063 § 3.)

c. "If the pastor certainly knows that the spouses are going to violate or have already violated this law, he should not assist at their matrimony, unless for most grave causes, scandal being removed and the Ordinary first consulted." (ibid. § 2.)

A grave obligation is imposed here on the pastor, as is clear from the legislator's manner of speaking. Those most grave causes will be, e.g., danger of invalid matrimony, or apostasy of the Catholic party, or education of the offspring in heresy, etc.

89. • VIII. Penalties against delinquents concerning mixed marriages.

a. "Catholics who shall have dared to enter a mixed marriage, even a valid one, without dispensation of the Church, remain by the fact itself excluded from legitimate ecclesiastical and sacramental acts until they have obtained dispensation from the Ordinary." (Can. 2375.)

For what those legitimate ecclesiastical acts are, see can. 2256, 2°.

From incurring that penalty any ignorance except affected ignorance, and even light fear, excuse. For the canon uses this phrase, "shall have dared," which requires full knowledge and liberty.

b. "Catholics are subject to an excommunication latae sententiae reserved to the Ordinary:

1° Who enter matrimony before a non-Catholic minister, against the prescription of can. 1063 § 1;

2° Who are united in matrimony with an explicit or implicit pact that all or some offspring be educated outside the Catholic Church;

3° Who knowingly presume to offer their children to non-Catholic ministers to be baptized;

4° Parents, or those holding the place of parents, who knowingly hand over children to be educated or instructed in a non-Catholic religion." (Can. 2319 § 1.)

Those censures are incurred by the Catholic party alone. Moreover, from the excommunication in nn. 1° and 2°, ignorance that is not gravely culpable excuses; from that which is contained under nn. 3° and 4°, any ignorance except affected ignorance, and even light fear. The reason of that diversity is drawn from the diverse manner of speaking, because under nn. 3° and 4° it is said "knowingly" and "presume."

c. "Those concerning whom there is question in § 1, nn. 2-4, are moreover suspected of heresy." (ibid. § 2.)

And therefore they are also subject to the penalties which affect one suspected of heresy, i.e.:

1. if, having been warned, he does not remove the cause of suspicion, let him be prohibited from legitimate acts;

2. if within six full months from the contracted penalty he has not amended himself, let him be held as a heretic, liable to the penalties of heretics. (Can. 2315.)

90. • IX. Matrimony with apostates from the Catholic faith, followers of condemned societies, public sinners.

Although it does not establish an impediment properly so called, the Church nevertheless disapproves the matrimony of her children with those very wicked persons.

a. "The faithful are also to be deterred from contracting matrimony with those who have notoriously either cast off the Catholic faith, even if they have not passed over to a non-Catholic sect, or are enrolled in societies condemned by the Church." (Can. 1065 § 1.)

b. "The pastor should not assist at the aforesaid nuptials unless the Ordinary has been consulted; and he, after inspecting all the circumstances of the matter, will be able to permit him to be present at the matrimony, provided that a grave cause urges, and according to his prudent judgment the Ordinary judges sufficient provision to have been made for the Catholic education of all the offspring and for removing the danger of perversion of the other spouse." (Ibid. § 2.)

c. "If a public sinner or one notoriously bound by a censure has first refused to approach sacramental confession or to be reconciled with the Church, the pastor should not assist at his matrimony unless a grave cause urges, concerning which, if it can be done, he should consult the Ordinary." (Can. 1066.) Let pastors and confessors be mindful of their obligation of deterring, as far as possible, the faithful from contracting matrimony with apostates and followers of condemned societies, which rather often has lamentable outcomes.