Case 30. Mixed Marriage

Mary, a Catholic, having obtained a dispensation from the Bishop from the impediment of mixed religion, married Titius, an Anglican. After the marriage was contracted, Titius, notwithstanding his promises, prohibited Mary from ever entering a Catholic church and began to treat her cruelly; hence Mary returned to her father’s home, where she is now sought as a wife by Paul, a Catholic man. Mary’s parish priest, who obtained for Mary the dispensation from the impediment of mixed religion, afterwards discovered with certainty that Titius had never been baptized; hence he asks whether Mary is still free so that she can enter a Catholic and happier marriage. Hence it is asked:

1. By what law are the impediments of mixed religion and disparity of worship established?

2. How is the statement “A doubtful Baptism is considered valid in relation to marriage” to be understood?

3. Is it lawful to institute a partial divorce by private authority?

4. What is to be said of the case?

1. By what law are the impediments of mixed marriage and difference of religion established?

Marriages between Catholics and non-Catholics are forbidden by natural, divine, and ecclesiastical law; if the non-Catholic party is not baptized, the impediment is diriment by custom having the force of universal law.¹

1 Manual of Moral Theology, vol. ii, 308 ff.

2. How is the rule to be understood about doubtful Baptism and marriage.

Theologians are not agreed. Lehmkuhl holds that where the Church’s authority has intervened in such a case, the words are to be taken quite literally, and that the impediment is removed if it existed on account of the non-Baptism of one of the parties.² Wernz, Génicot, and others hold that the rule rests on presumptions, so that if the truth afterwards becomes certain, the presumption ceases.³

2 Theol. Moral., vol. ii, 985.

3 Manual of Moral Theology, vol. ii, 313.

3. Is separation by private authority a toro et mensa allowed?

Yes, by mutual consent for the purpose of leading a more perfect life and when there is no danger of incontinence. The innocent party may separate from the other by private authority if that other has been guilty of certain and notorious adultery, as also for a time on account of serious danger to soul or body.⁴

4 Ibid., 281.

4. The case. The dispensation for a mixed marriage in all probability did not remove the impediment of difference of religion which really existed between the parties. Indeed the bishops in England as a rule have not authority to dispense from the diriment impediment of difference of religion, though they can dispense in a mixed marriage. Hence, according to the better opinion, Mary’s marriage with Titius was null and void. However, the parish priest may not on his own authority allow her to marry Paul. Both ecclesiastical and civil law stand in the way. He should collect all the evidence that he can, submit it to the bishop, and then await the result.