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FrDavid96
Guest
On the one hand, the Church could theoretically abolish the specific canon about not performing a marriage unless it is recognized by civil law.ByWhatAuthority:![]()
Or…I don’t think they have a problem with the marriage becoming legal or recognized by the state. The problem lies with them being required to contract with the state before the sacrament can take place.
…the Church chooses to USE the state to gather all necessary documents regarding age, identity, and citizenship, agreeing to unilaterally apply this decision so as to ensure the marital sacrament is as open as possible.
Becuase I’m sure if they changed the rules tomorrow (as both of the priests on here allude to) they would still want to verify basic identity. This would be much more time-consuming and costly…but they could do it. Yet there is no reason to at this point in history because the burdan would be immense.
HOWEVER that would then violate other canons. A priest would still be in violation of canon 22, for example.
It also raises the philosophical question of what authority does the Church have? The Church claims no real secular authority (outside of Vatican City State, of course). The Church cannot pass canon law releasing clergy from the requirements of civil law. Canon law can’t make a priest immune from getting a speeding ticket, for example (much as I tried to argue the point with that state trooper a few months back…but I digress). Canon law cannot make the Church immune from safety codes. Unless a civil law actually violates Divine Law, the Church recognizes and respects civil law.
Marriage licenses should not be the exception. There is no sensible reason why they ever should be.