Section 2. Mixed Religion.

562. Nature of the Impediment. The impediment of mixed religion exists between two baptized persons, one of whom is Catholic, the other acatholic, namely heretical or schismatic. Matrimony entered between them is called mixed matrimony (Mischehe).

1. Mixed marriages are prohibited by natural and divine law chiefly from a threefold reason:

a. The danger of perversion which the Catholic party undergoes; and although there may not be danger of losing the faith, nevertheless there is present at least the danger of growing cold in the faith and the danger of indifferentism.

b. The danger of perversion which offspring to be born from a mixed matrimony undergoes; and although the offspring may not be educated in heresy itself, nevertheless there is present at least the danger of neglecting truly Catholic education.

c. Communication in sacred things, which the contracting parties commit, because the Catholic party administers the sacrament to the heretic and in turn receives the sacrament from the heretic. To this is added moreover that the Catholic party administers the sacrament to one unworthy and thus cooperates in that person's sacrilege.

2. Mixed marriages are also prohibited by ecclesiastical law. The Church already in most ancient times prohibited them; and when in recent time these marriages grew strong, it renewed the ancient prohibitions in order to turn the faithful away from so great an evil.² The new Code deters from mixed marriages in grave words.³

From the decrees of the Holy See, these things must be provided by the parish priest before whom mixed spouses about to marry present themselves:⁴

a. First, he should try with all his strength to impede a matrimony of this kind.

b. But if he cannot impede it, conditions must be required: that all offspring be educated in the Catholic religion, and that full liberty of exercising their religion be granted to the Catholic party and to future offspring.

c. Safeguards must be required; namely, ordinarily in writing, the acatholic must promise that he or she will faithfully observe the conditions.⁵

d. These things having been premised, the matter is to be referred to the bishop, who will procure the dispensation from the Holy See.

e. The parish priest cannot assist at the matrimony except after the ordinary has been consulted; the ordinary can permit it if a grave cause urges and if he himself judges that the promised conditions will be observed.

f. Once mixed nuptials have been celebrated, he should diligently watch that the spouses faithfully fulfill the promises made.⁶

To a matrimony which is contracted by a Catholic party with another party, likewise Catholic, who has cast away the faith but has acceded to no heretical sect, the ecclesiastical impediment of mixed religion indeed does not stand opposed; nevertheless the matrimony is per se gravely illicit by natural and divine law, since the same dangers threaten.

¹ Krueckemeyer, Die Mischehe in Theorie und Praxis 1924. Ries, Die Mischehe, eine ernste Pastorationsfrage 1918. A. Stolz, Der verbotene Baum (Freiburg: Herder, 1904). H. Szillus, Eine verbotene Fracht (Essen: Fredebeul u. Konnen, 1904).

² Cf. the constitution of Benedict XIV, Magnae nobis, June 29, 1748, and the instruction of Pius IX, November 15, 1858, transmitted to the bishops.

³ Cn. 1060 ff.

⁴ S. Office, January 30, 1867; January 11, 1899.

⁵ Cn. 1061, 2.

⁶ Cn. 1064, 3.

563. The Requisites for Obtaining Dispensation are three: a. the due conditions; b. suitable safeguards; c. a grave cause of dispensation.

1. The conditions are: a. that all offspring be educated in the Catholic religion; b. that full liberty be granted to the Catholic party of exercising his or her religion.

Note. The twofold promise concerning procuring the conversion of the acatholic party and concerning not approaching a heretical minister, which formerly were required as conditions, in the new law are no longer counted among the conditions. Nevertheless there is discussion of them in another place, and those about to marry must be warned concerning them. Cn. 1062 says: the Catholic spouse is held prudently to procure the conversion of the acatholic party; and Cn. 1063: the spouses cannot also approach an acatholic minister for giving or renewing matrimonial consent.

In antiquity the Church never permitted mixed marriages except under this condition: that the acatholic party promised that he or she would return to the true faith. But after the rise of the Lutheran heresy it began to permit them even without this condition.¹

Since, if these conditions are not furnished, mixed matrimony is against natural and divine law, it is clear that there can never be dispensation from furnishing them,² and that the Church does not dispense from the canonical impediment unless the prohibition of divine law has ceased in a particular case.

The promise concerning procuring with one's powers the conversion of the acatholic party contains an obligation of charity; for fulfilling it, the Catholic party must chiefly provide these things: that by suitable warnings and counsels he or she prudently try to convert the acatholic party to the true faith; that he or she pour out prayers to God for that person's conversion; but especially that by his or her virtues, especially modesty, patience, and services, if it is the wife, the Catholic party commend esteem and love of the Catholic faith. Concerning this means are the words of St. Peter.³

2. Suitable safeguards, that is, such promises of each party as furnish prudent or moral certainty that the essential conditions will be faithfully fulfilled.

In what form the due safeguards must be provided, whether orally or in writing, before witnesses or a notary, with an oath or with only a word of honor, has not hitherto been prescribed by universal law.⁴ But by particular law, safeguards sometimes must be furnished in writing through written reversals; but if special reasons impede the safeguards from being furnished in writing, the bishop can permit the acatholic party to provide faith or promise by words, provided he is morally certain that the promises will afterward be fulfilled.⁵ Finally, diocesan statutes sometimes require also an oath, or a legal contract, or other safeguards besides.

3. A grave cause because of which dispensation is required and granted, since mixed matrimony is against the universal law of the Church.

Formerly the Church granted dispensation from the law prohibiting mixed marriages only for a public cause, that is, from hope of obtaining a great common good. Today dispensation is also granted from a private cause, which nevertheless must be truly grave. But if sometimes a canonical cause which has force only for other impediments suffices for the Church to grant dispensation, the Church itself has a grave cause of permitting marriages of this kind. Wherefore the betrothed per se sin who, without a truly grave cause, seek dispensation for entering a mixed matrimony and compel the Church by fear of a greater evil to grant it, although they are prepared to furnish the due safeguards.⁶

¹ The bishops of the ecclesiastical province of Milwaukee decreed that dispensation from the impediment of mixed religion is not to be granted unless the acatholic party has first received instruction concerning the Catholic religion, especially concerning matrimony and the obligations of the matrimonial state, for six weeks, twice in each week.

² The Apostolic See recently, September 26, 1890, in letters given to the bishops of Hungary, again affirmed that dispensation from the due conditions cannot be granted.

³ Instruction of S. C. de Propaganda Fide, December 9, 1822. 1 Pet. 3, 1 f. Cf. St. Augustine, Confessions, l. 9, c. 9.

⁴ Even the new Code, Cn. 1061, 2, has only this: safeguards are regularly required in writing.

⁵ S. Office, December 10, 1902.

⁶ Lehmkuhl, Casus consc. II, n. 911.

564. Liceity of Mixed Matrimony. When the safeguards have been furnished and dispensation obtained, mixed matrimony must be called per se licit. For two things stand in the way of mixed marriages: the danger of perversion which threatens both the Catholic party and the offspring to arise, and the prohibition of the Church. But at least the proximate danger of perversion ceases when the safeguards are furnished, and the prohibition of the Church ceases when dispensation is obtained. But from granted dispensation the liceity, and less still the full liceity, of mixed matrimony cannot always be gathered; for sometimes the Church by prudent counsel permits lesser evils, dangers of perversion, provided there is a serious will of observing the safeguards, in order to avoid greater evils, e.g., lest the Catholic party wholly defect from the faith, lest the betrothed live longer in civil marriage, etc.

a. If the danger of perversion in a particular case not only did not cease in reality, but was also proximate, the contracting parties would sin gravely against natural law.

b. Although every danger to the soul in the Catholic party and in the offspring is scarcely ever entirely excluded, nevertheless for a sufficiently grave cause some remote danger is licitly admitted. From this very fact, because some remote danger of perversion almost always remains, the Church dispenses in marriages of this kind with difficulty and never fails to dissuade them; moreover there are added the great harms which arise everywhere for the Catholic religion from mixed marriages.

c. There are those who say that mixed matrimony can never be licit, because forbidden communication in sacred things cannot be separated from it. But nothing occurs which could not licitly be done on account of a grave cause. And indeed, for a grave cause it is licit to administer a sacrament to one unworthy and in this way to cooperate in that person's sacrilege; it is licit to seek and receive a sacrament from a heretic, which he, if he wishes, can administer without sin, for if he is in bad faith he can procure for himself the state of grace through perfect contrition; finally, communication in sacred things with excommunicates after the Council of Constance is no longer prohibited unless they are excommunicated by name.¹

Note. Because mixed marriages are per se opposed both to divine law and to ecclesiastical law, and the Church always detests them; because moreover marriages of this kind ordinarily have an unhappy outcome, the parish priest will use every care to turn the Catholic party away from contracting a matrimony of this kind. And since, as experience testifies, once betrothals have been entered or longer familiarities have already been premised, the betrothed can scarcely be separated any longer, he should try to impede familiarities from being contracted between Catholics and acatholics, from which mixed marriages would arise. But if every effort will be fruitless, he will at least take care that the required conditions are furnished in such a way that certain hope of future execution is provided; and after mixed nuptials have been celebrated, he will diligently watch that the promised conditions are observed in reality.

¹ Cf. Lugo, De sacramentis, disp. 8, n. 220 ff.; Ballerini-Palmieri VI, n. 714.