Hello pioneer1572,
While it is true that the standard Protestant wouldn’t care about the dissolution of marriage bond through the “Pauline privilege” (since they seem to accept a civil divorce as the dissolution of the bond), it seems to me that the following situation could occur:
–Fred and Wilma, both unbaptized and unmarried, marry
–Fred is baptized in a Lutheran community
–Wilma is having none of it and leaves the marriage and gets a divorce
–Fred then wants to marry Betty, who is a free-to-marry Catholic
On the face of it, this is a textbook example of St. Paul’s scenario in 1 Cor. 7. If Fred were to come to a diocesan tribunal and say “my marriage to Wilma is invalid because of a, b, and c. I want a declaration of nullity so I can marry Betty”, the Tribunal would say “We won’t bother with that, we can utilize the Pauline Privilege.” Then, the relevant canon law would be applied, the dissolution would happen, and Fred would be validly married to Betty, his previous marriage having been dissolved.
I don’t have any sources to point you toward, except 1 Corinthians, canon law (which you have referenced), and the old Catholic encyclopedia, which can be found here:
newadvent.org/cathen/05054c.htm Proceed down to the section with the heading “Non-Christian marriage can be dissolved by absolute divorce under certain circumstances in favour of the Faith.” The important quotation is:
“Whether, however, the privilege is so joined to baptism that it belongs to Christian adherents of a non-Catholic denomination when they profess the Christian Faith by the reception of baptism is a question disputed by theologians. Some theologians of repute assert that the privilege is granted in this case, and that a practical decision to this effect has been made by a Roman Congregation, according to the testimony of Koenings, “Theol. mor.”, II, 394 (New York, 1878). (Cf. Palmieri, “De matrim. christ.”, th. xxvii, p. 224; Tarquini in “Archiv für decretal.”, IV, n. 702, not. 59; Gasparri, “De matrim.”, II, n. 1331; Ballerin-Palmieri, “Opus theol. mor.”, 3d ed., VI, 457 sqq.) Even in the early ages the Venerable Bede and St. Augustine seem to have understood the passage from St. Paul (1 Corinthians) in this sense.”
The encyclopedia is speaking of a scenario where no one is Catholic. So, if our second wife Betty was another Lutheran, for example, the privilege would still apply.
Hope this is comprehensible and helpful.
Dan.