dispensation

[Montie_Claunch]

I remeber hearing that if a Catholic marries a Protestant that they would have to get a speicel dispensation from the local bishop. Is this something that the bishop can turn down or is it just something like going through the red tape? If it can be turned down is there a list of things a bishop has that he will look at and see if he should allow the marrige or is it something that he looks at in each case?

 

[1ke]

Montie Claunch:

I remeber hearing that if a Catholic marries a Protestant that they would have to get a speicel dispensation from the local bishop. Is this something that the bishop can turn down or is it just something like going through the red tape? If it can be turned down is there a list of things a bishop has that he will look at and see if he should allow the marrige or is it something that he looks at in each case?

Yes a dispensation can be turned down if there is reason to believe that the Catholic’s faith is in peril or that they would be prohibited from practicing their faith, etc.

I would say that as a matter of course it is rarely declined, but it certainly can be.

 

[Catholic2003]

Here is the applicable canon law on mixed marriages:

Canon 1124 Without the express permission of the competent authority, marriage is prohibited between two baptised persons, one of whom was baptised in the catholic Church or received into it after baptism and has not defected from it by a formal act, the other of whom belongs to 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 are 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 in order that all the children be baptised and brought up in the catholic Church;

2° the other party is to be informed in good time of these promises to be made by the catholic party, so that it is certain that he or she is truly aware of the promise and of the obligation of the catholic party

3° both parties are to be instructed about the purposes and essential properties of marriage, which are not to be excluded by either contractant.

 

[cameron_lansing]

Just to point out that the action depends on whether or not the Protestant is baptized or not baptized.

In the case of a baptized non-Catholic, permission is needed as so far described for the legal marriage of such a person to a Catholic. Canon 1124 only mentions a “competent authority,” but in context this would be the diocesan bishop, the local ordinary, or someone whom either might delegate.

If the person is not baptized, then a dispensation from the impediment of disparity of cult (c. 1086 §1) is needed for validity. This can be given only after the cautiones of canon 1125 and whatever the episcopal conference has required have been taken care of. As well, canons 1127 and 1128 would additionally apply (see canon 1129 which mentions this).

According to canon 87 §1, a diocesan bishop can give a dispensation from such a universal disciplinary law, as as that of canon 1086 §1) as often as he judges that it will contribute to the spiritual good of the faithful. The local ordinary has the power of dispensing this impediment and certain others according to canon 1078§1.

Only a just and reasonable cause is mentioned in canon 1125, so spiritual advantage does seem to suffice. Nothing prevents a bishop from setting down some criteria for how he would determine the spiritual good of the faithful or to give an indication of just and reasonable cause. Some of the criteria that a bishop might use to specify this further might include the promised or founded hope of the conversion of the non Catholic, the promotion of family harmony, danger of a marriage before a non-Catholic minister if the permission or dispensation is not given.