Does the presence of a Rabbi and a Priest validate a mixed marriage?

[terp76]

My nephew, who was raised Catholic but is not practicing his faith, is getting married next year to a Jewish woman. They are to be married at a hotel with a Rabbi and a Catholic priest present as witnessing the marriage. Because the priest will be there, will this be recognized as a valid marriage in the Church?

 

[Fr.Charles_Grondin]

The presence of the priest (in and of itself) is not what will validate the marriage. As a Catholic your nephew is bound to follow canonical form (canon 1108, §1; canon 1117), which means he is required to be married in a church by Catholic clergy. And since the person he wishes to marry is unbaptized, he also needs a dispensation for disparity of cult.

The dispensation for disparity of cult would require him to promise to remain Catholic and do his best to raise any children of the marriage as Catholic. His fiancee would be informed of these promises.

Canonical form (requirement of marriage in a Catholic church by Catholic clergy) can also be dispensed from:

Canon 1118, §3. A marriage between a Catholic party and a non-baptized party can be celebrated in a church or in another suitable place.

A hotel could be considered a “suitable place” by the Bishop.

The exchange of consent is what makes a marriage (canon 1057 §1), not the presence of the priest. Thus if the couple has a dispensation for disparity of cult and dispensation from canonical form, the consent exchanged in front the Rabbi would suffice for validity of the marriage. The Catholic priest should not receive the vows in a non-Catholic service:

1. With the previous authorization of the local Ordinary, and if invited to do so, a Catholic priest or deacon may attend or participate in some way in the celebration of mixed marriages, in situations where the dispensation from canonical form has been granted. In these cases, there may be only one ceremony in which the presiding person receives the marriage vows. At the invitation of this celebrant, the Catholic priest or deacon may offer other appropriate prayers, read from the Scriptures, give a brief exhortation and bless the couple.

Principles and Norms on Ecumenism

If canonical form and disparity of cult have not been dispensed then it is not a valid marriage and the Catholic priest should not be present. If canonical form and disparity of cult have been dispensed then the priest may attend but it is not required.