Tell me then why is it up to a bishop to decide on a dispensation or not!? When Jesus is our High Priest…hummmm.
“Wherefore, holy brethren, partakers of the heavenly
calling, consider the Apostle and High Priest of our
profession, Christ Jesus;”
Hebrews 3:1, KJV
Gal 2:11, Acts 17:11, Matthew 16:23
Jesus is the High Priest, true. But the boss never leaves without appointing someone to mind the office until his return. He told us he was leaving, and he told us he would be back. Until then, he delegated authority to the Church to act on his behalf.
God certainly knows what he’s doing
From the relevant page of the
Code of Canon Law:
*Canon 1086
- Marriage between two persons, one of whom is baptized in the Catholic Church or has been received into it and has not left it by means of a formal act, and the other of whom is non-baptized, is invalid.
2. This impediment is not to be dispensed unless the conditions mentioned in Canon 1125 and 1126 are fulfilled.
- If at the time the marriage was contracted one party was commonly held to have been baptized or the baptism was doubtful, the validity of the marriage must be presumed according to the norm of Canon 1060 until it is proven with certainty that one party was baptized but the other was not.*
So as you can see, the invalid nature of the marriage due to one of the two persons not being baptized can be dispensed (provided the proper conditions are met).
Those conditions are spelled out when talking about marriage to a baptized non-Catholic:
*Canon 1124
Without express permission of the competent authority, a marriage is prohibited between two baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church.
Canon 1125
The local ordinary can grant this permission if there is a just and reasonable cause; he is not to grant it unless the following conditions have been fulfilled: (1) the Catholic party declares that he or she is prepared to remove dangers of falling away from the faith and makes a sincere promise to do all in his or her power to have all the children baptized and brought up in the Catholic Church; (2) the other party is to be informed at an appropriate time of these promises which the Catholic party has to make, so that it is clear that the other party is truly aware of the promise and obligation of the Catholic party; (3) both parties are to be instructed on the essential ends and properties of marriage, which are not to be excluded by either party.*
The “local ordinary” in this case is the diocesan bishop.
*Canon 1126
The conference of bishops is to establish the way in which these declarations and promises, which are always required, are to be made, what proof of them there should be in the external forum and how they are to be brought to the attention of the non-Catholic party.*
Normally the three points covered in Canon 1125 are handled by way of some kind of Marriage Preparation class. For my wife and I (she’s not Catholic), it was a weekend retreat at the Oblate School of Theology with a couple dozen other engaged couples. I made sure she knew ahead of time anyway, but all relevant points were covered at the class and a record of our participation forwarded to the archdiocese of San Antonio.