Catholic and justice of the peace

[spencer2]

i was made aware this weekend that my wife’s brother in-law’s father is catholic but is a minister for justice of the peace. this guy marries people by justice of the peace who can’t or choose not to have a real wedding. is this allowed or is this in a sense promoting fornication or adultery?

 

[Texas_Roofer]

A non catholic is not under canon law, so the civil process of the state acknowledging the marriage is a civil manner. These are referred to in the law as Natural Marriages.

 

[1ke]

i was made aware this weekend that my wife’s brother in-law’s father is catholic but is a minister for justice of the peace. this guy marries people by justice of the peace who can’t or choose not to have a real wedding. is this allowed or is this in a sense promoting fornication or adultery?

Civil marriages are “real” marriages for those who are not Catholic. They can also be real marriages for Catholics marrying non-Catholics when the Catholic has received a dispensation to marry outside Catholic form.

If the two non-Catholics are baptized, their marriage is valid and a sacrament when they marry civilly. If they are unbaptized, it is a natural marriage.

If he is approached for marriage by Catholics entering an invalid marriage, or by ‘same sex’ couples (should that be legal where he lives), the proper course of action would be to recuse himself and have another civil official perform that particular service.

 

[rick43235]

If he is approached for marriage by … ‘same sex’ couples (should that be legal where he lives), the proper course of action would be to recuse himself and have another civil official perform that particular service.

Depending upon the jurisdiction, this could be unlawful. For example:

E. REFUSAL TO PERFORM MARRIAGE CEREMONY
Justices of the Peace are public officials that have sworn an oath that to “bear true faith and allegiance to the Commonwealth of Massachusetts, and [to] support the constitution thereof.” In Goodridge v. Department of Public Health, 440 Mass. 309 (2003), the Supreme Judicial Court of Massachusetts decided that denying marriage to couples based on their sexual orientation violates the Massachusetts Constitution. As such, Justices of the Peace may not refuse to marry same sex couples based on their sexual orientation, and may face personal liability if they do refuse to marry a couple based solely on sexual orientation. In addition, refusing the marry a same sex couple solely based on their race, sexual orientation, or other protected status may constitute cause for removal of a Justice of the Peace’s commission.

 

[rick43235]

If he is approached for marriage by Catholics entering an invalid marriage, or by ‘same sex’ couples (should that be legal where he lives), the proper course of action would be to recuse himself and have another civil official perform that particular service.

In my post above I removed the reference to “Catholics entering an invalid marriage” from 1ke’s quote. As I think about it, however, “religion” could also come under the heading of a protected class. Again depending upon the jurisdiction, as a public official, a JOP might find himself/herself running afoul of the law by refusing to perform such a ceremony.

 

[1ke]

In my post above I removed the reference to “Catholics entering an invalid marriage” from 1ke’s quote. As I think about it, however, “religion” could also come under the heading of a protected class. Again depending upon the jurisdiction, as a public official, a JOP might find himself/herself running afoul of the law by refusing to perform such a ceremony.

Nevertheless, their duty remains clear-- they cannot sin. Therefore, in any case where their job is attempting to require them to sin, they must refuse.

They can recuse themselves and have someone else officiate.

If this stance requires them to cease being a JP, then that may be what must happen. They can take such a job requirement to court under their own consitutional right to freedom of religion. They may lose, such is the persecution of Christianity today.

Catholics have been persecuted for witnessing to the Truth from day 1. This will never change. All Catholics must be prepared.

 

[rick43235]

They can recuse themselves and have someone else officiate.

If there was someone else available to officiate, and if the “offending couple” were willing to let it slide, this might be an option. If there were no convenient alternatives or if the couple decided to make an issue of it, however, the JOP might be in hot water.

If this stance requires them to cease being a JP, then that may be what must happen. They can take such a job requirement to court under their own consitutional right to freedom of religion. They may lose, such is the persecution of Christianity today.

I don’t believe this is necessarily a “persecution of Christianity.” If the JOP was a member of some other religion and refused to officiate at a wedding that would be legal but contradictory to his/her religious principles, the same law would apply.

Not trying to have the last word here, just trying to look at the issue from all sides.

 

[spencer2]

So what’s the verdict on the practicing catholic who does the jop weddings?

 

[Joe_Kelley]

Back in the mid-20th century, the Town Clerk in the small town where I lived was the only JP within 15 miles or so, which was a considerable distance on those roads. Though not a Catholic, she would not do civil weddings. There was never any fuss about it, though that was a much less litigious times.

 

[1ke]

So what’s the verdict on the practicing catholic who does the jop weddings?

Your question is very unclear.

Are you asking whether a practicing Catholic can be a justice of the peace and perform civil weddings? Already answered that question.

 

[spencer2]

Ok I reread your post and understand, but do you think they go through a screening process before doing the vows.

 

[Texas_Roofer]

So what’s the verdict on the practicing catholic who does the jop weddings?

No problem has yet to be presented. As mentioned earlier many of these weddings are real in every sense. Others may be only legal weddings but again he is only performing legal weddings. Do you have any reason to believe he is attempting or implying that he is conferring a sacrament?