Marriage where it is not recognized by the state?

[DarkLight]

What does the church say about cases where a couple, lacking in canonical impediments, is barred from legal marriage by the state? For example, suppose a case of an interracial marriage in the late 1800’s or early 1900’s, when it was banned. Would the church still have recognized such marriages?

 

[1ke]

I cannot speak for the 1917 code of canon law. The relevant canons in the current code are:

Can.* 1071 §1. Except in a case of necessity, a person is not to assist without the permission of the local ordinary at:

2/ a marriage which cannot be recognized or celebrated according to the norm of civil law;

Can.* 1130 For a grave and urgent cause, the local ordinary can permit a marriage to be celebrated secretly.

Can.* 1131 Permission to celebrate a marriage secretly entails the following:

1/ the investigations which must be conducted before the marriage are done secretly;

2/ the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage celebrated.

Can.* 1132 The obligation of observing the secrecy mentioned in ⇒ can. 1131, n. 2 ceases on the part of the local ordinary if grave scandal or grave harm to the holiness of marriage is imminent due to the observance of the secret; this is to be made known to the parties before the celebration of the marriage.

Can.* 1133 A marriage celebrated secretly is to be noted only in a special register to be kept in the secret archive of the curia.

 

[Phemie]

What does the church say about cases where a couple, lacking in canonical impediments, is barred from legal marriage by the state? For example, suppose a case of an interracial marriage in the late 1800’s or early 1900’s, when it was banned. Would the church still have recognized such marriages?

The Church would recognize a marriage if it did not violate natural law - and the cases you mention above don’t do so. It’s a possibility that the Church would celebrate a secret marriage in this case, particularly if the State was inclined to punish those who attempted to violate the State law.