What a Priest Said to the Question, "I Wasn't Married in the Church; Can I Receive Communion?"

[dans0622]

I know it’s a off topic, but my understanding is that since Canon Law only binds Catholic, that means that individual Eastern Orthodox people aren’t considered schismatics. Is that correct?

Also, how come we have to marry in front of a Church approved witness in order to have a valid marriage, but two Protestants don’t have the requirement to have an Church approved witness to get married?

Hello,

Last question: the original intention for requiring a public form for weddings was to eliminate “clandestine marriages.” The Church first began requiring this at the Council of Trent. Before that, neither Church nor State required a certain “form” for marriage. This could result in a couple marrying in private but then one Party could say “We didn’t marry. No one can prove that I married. I want to marry this other person and no one can stop me.”

The Church did not require this form in those areas where the requirement itself was unknown (in those days, information did not travel as freely as today). As time went on, the Church made it clear that those who were never baptized/received in the Catholic Church did not have to observe this law either because: 1. They would either not know about the requirement or, if known, wouldn’t care enough to observe it or maybe would not be able to observe it. 2. So, if they were bound to the law, they would not observe it. 3. And so their marriages would be invalid. Point three is not what the Church wants.

The Church wants valid marriages. The Church also wants marriages that are public facts. These two values are in tension. There are those who say the time for the Church requiring canonical form is long gone–civil authorities all require a public expression of consent, nowadays.

Question 1: I don’t think the two are necessarily related. But, you are onto something: since the Orthodox are not Catholic and not bound by canon law, the Catholic Church would not initiate a procedure against an individual Orthodox person with the purpose of declaring him a schismatic and therefore excommunicated. Nevertheless, the Orthodox are in what could be called an objective state of schism.

Dan