Unbelievable. You have read the story of my parents and you still spout this.
Uh, yeah, I do make this assertion** because it is true**. I don’t know what your problem is. It is easy enough to look at the requirements in canon law, but since you didn’t bother, here let me post them for you:
Can. 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.
Can. 1125
The local ordinary can grant a permission of this kind 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 is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;
2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party;
3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.
The “local ordinary” in canon law means the Bishop.
My brother and sis in law were married in the Catholic Church, Diocese of Charleston, SC in 1990. My sis in law is Church of the Nazerene. I was “there” with her and my brother when they met with our parish priest…he asked her “have you been Baptized”, she said yes…right then and there he got on the phone to her Church a few blocks away.
Fr. B says: “Hello, Pastor A, this is Fr. B at St. J’s”…I have a lovely lady here who is going to marry a man from our parish. I need a copy of her Baptismal record. She said she was Baptized in your Church."
Pastor A says:“How are you, Fr. B…yes I know this young lady…sure, I will go ahead and get that to you…”
Fr. B says: “Thank you Pastor A…” click hangs up the phone.
They have been married close to 20 yrs. They never had children, however, she agreed…to raise any children from the marriage Catholic.
Anecdotal conversations aside, Canon Law is quite clear that a valid marriage cannot exist between a Catholic and a non-Catholic unless the Bishop expressly gives permission.
My mother did the same in 1956.
The requirements in 1956 were even more stringent than they are now. I did not say that such a marriage cannot ever take place. I said it is prohibited unless they receive permission from the Bishop and meet all of the requirements for his permission.
I don’t remember Fr. B calling the Bishop at that point. Because I was “there”, I asked “is that all that needs to be done”…he said “yes”. Surely he would have mentioned contacting the Bishop.
Just because you do not “remember” the priest contacting the bishop does not mean he did not. The required permission from the bishop is **not **verbal. And, one does not just pick up the phone and call the bishop. The bishop typically takes appointments only.
Permission for mixed marriage requires a document be filled out, submitted to the Bishop at the diocese, and his signature obtained. The priest could have indeed completed all the premarital paperwork after the initial conversation with your brother and sister-in-law. He would have had several meetings with them during premarital preparation in which freedom to marry is ascertained and also the permissions for mixed marriage documented along with baptismal records, etc.
There is a process. It’s not done verbally. And, you were not likely witness to it.
The other option being, of course, that the priest did not follow canon law or obtain permission from the Bishop making your brother’s marriage invalid. But, I would not presume a priest to be so neglectful of his duties. It is much more likely that you were simply not aware of all the required elements and the priests actions subsequent to this conversation.
I suggest you learn a little more about Catholic Canon Law.