Article IV: On Disparity of Worship

S. Th., Suppl., q. 59, a. 1-5.

885. Disparity of worship (disparite de culte; verschil van eeredienst) is a diversity of religious worship which exists between two persons, of whom one is validly baptized and the other is not. Hence of itself it exists not only between Catholics, but also between non-Catholics baptized in heresy and schism, and unbelievers who do not have Christian worship; - but not between Catholics and heretics or schismatics, who have substantially the same worship of the true God through the true mediator Christ.

Considered according to natural and divine law, it is generally an impeding impediment on account of the danger of perversion; but by ecclesiastical law it is universally an impediment, and indeed a diriment one, which gradually was introduced by custom from the fifth century onward, which obtained the force of law, so that it bound all baptized persons, even non-Catholics, from the beginning of the twelfth century. But now in the new code of law it is expressly established and has become a written law; yet at the same time it was limited to Catholics, so that those who, baptized outside the Catholic Church, were never Catholics, would now no longer be bound by the diriment impediment.

886. Principle. No matrimony is contracted by a non-baptized person with a person baptized in the Catholic Church or converted to the same from heresy or schism. - Thus can. 1070, § 1.

The following are subject to the canonical impediment:

1° All baptized in the Catholic Church; namely,

a) Adults, or those having the use of reason, who voluntarily received Baptism in order to the Catholic Church.

b) Infants who, from the intention even merely interpretative of both or either parent or of one holding their place, were baptized in order to the Catholic Church, even if the minister intended otherwise.

c) Infants who, from the intention of the baptizer alone, were baptized in order to the Catholic Church, even children of non-Catholics, if in a case of necessity they are thus baptized, as can be gathered from the Holy Office, Apr. 1, 1922, or if illegitimately against the prescription of can. 750-751; this last, however, is called back into doubt by some.

2° Also those converted to the Catholic Church from heresy or schism; namely,

a) Those who of their own accord returned to the Catholic Church and emitted a profession of faith in it.

b) Children who, baptized outside the Church, from infancy, i.e., at least from the use of reason, have in fact been educated Catholicly.

3° And indeed all the aforesaid, although afterward they defected from the Catholic Church; indeed also those born of non-Catholics although baptized in the Catholic Church, who from infancy grew up in heresy or schism or unbelief or without any religion (interpreting commission, Apr. 29, 1940), although this had been denied by some on account of parity with can. 1099, § 2. But since that exception is there explicitly established for the form of celebration of matrimony, and on the contrary in can. 1070 this exception is in no way indicated, parity seems to be lacking.

But non-Catholics baptized outside the Catholic Church and never converted to it, by the new law, i.e., from May 19, 1918, now validly contract matrimony with an unbeliever.

The impediment, insofar as it is diriment, is of ecclesiastical law; insofar as it is prohibitive, it also arises from natural and divine law, both on account of the danger of perversion of the faithful party and of the offspring; and because matrimony among Christians is born to be a sacrament, which requires parity of Baptism in each recipient; and because matrimony involves an intimate conjunction of souls, to which nothing is more opposed than disparity in worship or in the supreme principles of religious and moral life.

Hence II Cor. VI, 14: "Do not bear the yoke with unbelievers. For what participation has justice with iniquity? or what society has light with darkness?", which principle of divine law is found in the tradition of the Church also applied to matrimony not to be contracted with an unbeliever (cf. I Cor. VII, 39).

Hence St. Thomas, q. 59, a. 1:

"1° It is said, II Cor. VI, 14: What agreement is there of light with darkness? But the greatest agreement is between husband and wife. Therefore he who is in the light of faith cannot contract matrimony with her who is in the darkness of unbelief.

2° The more principal good of matrimony is offspring to be educated to the worship of God. But since education is commonly done between father and mother, each according to his faith intends to educate the offspring to the worship of God. And therefore, if they are of diverse faith, the intention of one will be contrary to the intention of the other. And thus there cannot be fitting matrimony between them. And on account of this preceding disparity of worship impedes the matrimony itself, lest it be contracted." Hence "disparity of worship is contrary to matrimony by reason of its more principal good, which is the good of offspring" (ad 4).

But since the proximate danger of perversion sometimes can be absent and grave reasons commend matrimony, hence natural and divine law sometimes does not urge, and then the Church can dispense from the canonical impediment.

887. What in a case of doubtful Baptism? - Doubt can precede matrimony to be contracted or follow upon matrimony contracted.

A. As regards matrimony to be contracted. If after diligent inquiry a founded doubt remains concerning the reception or validity of Baptism, the Catholic party doubtfully baptized is to be rebaptized under condition; likewise the non-Catholic party who wishes to convert; but if that party does not wish to convert, he cannot be rebaptized under condition (can. 731, § 2), but, together with the dispensation of mixed religion, for caution let dispensation be sought over disparity of worship, which in the case, since it concerns a doubt of fact, can be granted by the Ordinary according to can. 15.

B. As regards matrimony already contracted. In doubt, the matrimony is always presumed valid, according to can. 1070, § 2: "If the party at the time of contracted matrimony was commonly held as baptized, or his Baptism was doubtful, one must stand, according to norm 1014, for the value of the matrimony, until it is certainly proved that one party is baptized, but the other not baptized." This, however, is a mere presumption, which therefore yields to truth; hence if a person baptized Catholicly unknowingly contracted with a non-baptized person, the matrimony is in fact null, and therefore is to be convalidated or declared null according to can. 1990.

For judging the value of Baptism, practical norms were established by the Holy Office.

a) As regards the inquiry to be instituted, from the resolution of Nov. 17, 1830:

1° As regards heretics whose rituals prescribe the conferral of Baptism without the necessary use of essential matter and form, the particular case must be examined.

2° As regards others, who according to their rituals validly baptize, Baptism must be considered valid, nor is further examination required in particular cases.

3° If doubt persists, even in the first case, Baptism must be considered valid in order to the validity of Matrimony.

b) As regards a doubt of fact, investigations having been carried out uselessly, from the response of Aug. 1, 1883:

1° Baptism is to be presumed if someone had parents belonging to a sect which holds it as necessary, - or in which at least it is ordinarily administered and those same parents were zealous in their sect; - or, if according to the sect of only one parent and that parent's zealous disposition of soul the presumption favors Baptism, provided that parent in fact and without doubt had the principal parts in the education of the offspring, nor is the other spouse known to have been positively opposed to the conferral of Baptism.

2° On the contrary, Baptism is not to be presumed if the non-Catholic party had parents belonging to a sect which rejects Baptism, or does not admit Baptism of infants; - or had parents who professed that they did not wish to belong to any sect and that they honored the Supreme Being rather by upright morals than by some special worship.

3° Nothing can be presumed and therefore in individual cases recourse must be had to the Holy See, if the parents were indifferent in their sect, which ordinarily administers Baptism; - or belonged to a sect which does not reject Baptism but does not hold it as necessary and in which it is not ordinarily administered; - or if, inquiry having been made, it is unknown whether the spouse who favors Baptism had the principal parts in the education.

888. Observations. - 1° The impediment ceases both by the conversion and Baptism of the unbeliever, and by legitimate dispensation, which is granted more easily in places of unbelievers, rarely in Catholic regions, especially if there is question of matrimony with a Jew.

2° Nevertheless the Church never dispenses except from a grave cause and only under the cautions which are required for mixed nuptials. Moreover, all things which are prescribed concerning mixed nuptials (n. 867) must also be applied to matrimonies to which disparity of worship stands opposed (can. 1071).

3° Indeed, a dispensation conceded by delegated power is invalid when the prescribed cautions have not been required or have been denied; and the Ordinary himself can declare the nullity of the matrimony without recourse to the Holy See if, on account of this cause, it is evidently established (can. 1990; Holy Office, June 21, 1912).

4° Formerly, from the instruction of the Holy Office, Sept. 16, 1824, a dispensation over disparity of worship implied dispensation from all impediments from which the unbelieving party is exempt, as consanguinity in the second degree of the collateral line, etc. But the Holy Office declared that this no longer holds, Apr. 15-May 20, 1931: namely, on account of can. 1036, § 3.