J
JReducation
Guest
You’ll have to ask a Canon Lawyer to answer your first question, because I’m not a Canon Lawyer. But this is upheld in every tribunal in the Church.Can you please cite sources for this? I think this may not be accurate.
Note it does not say Catholic, it says baptized. Therefore if Baptists who are validly baptized have valid marriages, their marriages must also be sacraments.
Also, regarding the indissolubility of marriage, do you have a source that says “Any marriage between two people of the same faith who marry in their faith is valid and can never be dissolved”?
Yet the conditions for matrimonium ratum et consummatum are:
This seems to say that to be ratum, a valid marriage must be “between the baptized”. Marriage between unbaptized people (or one baptized and one unbaptized) is not ratum, and therefore the conditions of indissolubility do not apply. This understanding is confirmed in Canon 1143:
As well as the application of Canon 1150 in the “Petrine Privlege”:
This is true only if the Catholic does not obtain a proper dispensation, per Can 1125-1129. vatican.va/archive/ENG1104/_P41.HTM#4.1.0.7.6.0.1125
In other words, with the proper dispensation, a marriage between a Catholic and a validly baptized non-Catholic is ratum (and a sacrament, and after consummation, indissoluble), and a marriage between a Catholic and a non-Christian is valid, although not ratum and therefore dissoluble in accordance with Can 1150.
Therefore you could say these are the types of marriages:
Of course none of this changes your original point, that divorced people are not outside the Church. In fact, some divorced people can even validly remarry within the Church (valid, non-ratum and ratum, non-consummatum marriages).
- Invalid (not a marriage) - some impediment exists and is not dispensed or not dispensable. This is not a marriage, and impedes reception of the sacraments.
- Valid, non ratum - at least one party must not be validly baptized in any Christian denomination. Can be either consummatum or non consummaturm; the difference is not relevant to the dissolubility of the marriage (non ratum, therefore dissoluble). This is not a sacrament, but is valid and recognized by the Church, and would not impede reception of the sacraments.
- Valid, ratum, non-consummatum - both parties must be validly baptized in any Christian denomination, and if one party is Catholic, it must have the proper form or dispensation from canonical form. A valid marriage and a sacrament, but dissoluble because it is not consummated.
- Valid, ratum, consummatum - same as above, but indissoluble, except through death.
We have to be careful in citing Canon Law to remember the introductory remark of the Code of Canon Law. The codes are written for either the Latin Church or the Oriental Churches, depending on which code one uses. Neither code dictates to anyone else who is not Catholic. Nor do the codes have jurisdiction over anyone who is not Catholic. Therefore, they cannot be applied to them.
We have to them go to sacramental theology to see what does apply to non Catholics married outside of the Catholic Church. You will observe that any person who was a non Catholic, married to a non Catholic in a non Catholic rite and then becomes Catholic and attempts a second marriage in the Catholic Church, is required to apply for a decree of nullity of their prior marriage, even though it’s not a sacrament. The Church still holds that it’s a valid and indissoluble marriage unless proven otherwise.
The best place to ask for greater clarity would be your local tribunal or a school of theology.
Fraternally,
Br. JR, FFV