T
Texas_Roofer
Guest
God created marriage by creating Eve for Adam. Men developed sexual sins and separated woman from the position god placed Eve in. Women became second class citizens in many places and even less than citizens in some places. For these “hard hearted” Moses had to allow divorce for his “stiff necked” people. Jesus taught us we must no longer be hard hearted, so we should not divorce anymore. Catholics are to return women to their place as mans gift from god to complete him. So they are to be one. No longer can there be a greater and a lesser they must be one in the same. These actions raised marriage to a sacrament among Catholics. Marriage became a vocation. Catholic who reject Jesus teaching on marriage, the binding of the church on the subject of marriage, the sacramental demand, or the duties of this vocation are not married in the eyes of the church. They are out of communion with the Church. If they attempted a marriage under those circumstances the marriage is said to be invalid. Invalid refers to the missing part whether it be in the heart, denial of scripture, or the church bindings. Invalid opposes illicit. Invalid actually means one of the couple failed to achieve their part of marriage prep, while illicit means the sacrament did not occur whether the parties were ready or not. So licit or illicit is on the celebrant. The church evidentially installed the current bindings to bind Catholics to god’s plan.Truly I am sorry if I sounded like I was making a straw-man. That portion of the quote from me was addressed to Texas-Roofer. I was worried about something he said, not what you said. I’m sorry I wasn’t clear in my paragraph workings. I am trying to be sure we are addressing your *actual *question. I just don’t promise I know the answer…
Thanks for clarifying the question. The Church has bound that Catholic woman you mention to marry according to form, while the Church does not currently bind non-Catholic baptized parties in the same way. By fiat/law the Church has declared that the marriage will be invalid. It did not used to be so. Historically, the Church used to not regulate marriage in this way. A set form was not required. Now it is. Because the woman is so bound by law, she is not legally free to marry in some other form, so she is not free to do what she is doing, hence she does not succeed in doing it. She is legally unable to do the contract (marriage is viewed somewhat like a contract by the Church if I understand properly).
Your question then probably is, why? Why did they do this? I don’t know for sure. The Church only regulated marriage as it became necessary. The laws in our current code of canon law have evolved, often in response to a need. Much of Church history works that way, like they often only clarify certain doctrines when there is a need to on account of a bunch of people arguing about it. Marriage, being a rather public sort of thing, has public consequences for the common good. There are reasons it might come to need regulating, such as if women are abducted and forced to marry. The law-making body then eventually responds by making a law about how she is not free to contract marriage unless she is first separated and completely safe from her captor. That way she cannot be coerced by kidnapping into marriage and all that entails, property, children, inheritance, dowries, her freedom, etc. (This is a real example, not a hypothetical. They have such a canon.) My best guess is that overall, they (the Church) have felt that right now it is overall in the best interest of all for the better functioning of marriages/society to bind/regulate a Catholic’s ability to contract a valid marriage by requiring them to marry according to form, or to get a dispensation. By the way, that woman CAN validly marry before the Baptist minister if she requests and is granted permission by the appropriate bishop. If they think it is for the best, they will grant the dispensation. They are not doing it based upon if the Baptist preacher will get money so the Catholic priest won’t get money. Truly, I’ve seen no sign of this in my dealings. Rather, they want to promote lasting, stable, just relationships among the flock. I assume they see nothing to be gained along those lines by making a general law binding non-Catholic baptized individuals (and typically a canon law would only apply to a Catholic). They clearly do for the baptized Catholic person.
It is obvious to me that marriage as a whole is struggling painfully along, barely surviving in these current times. I understand the Church’s interest in trying to stem the tide. I’m not convinced they have done all that can be done, but I don’t really know, either. Nor can I truly claim to know the mind of a lawmaker (the Church). I’ve read many of the canons in our canon law, though, and it seems designed as other laws are, for the benefit of those the laws apply to, so that overall things go smoothly, fairness is preserved, the minimum needed is all that is bound, so as to achieve a good effect, etc.
It isn’t standard doctrine training to instruct Catholics *why *certain canon laws were put into effect. You might have better luck asking a canon lawyer, particularly one with a background in the history of the law. There is one regular member on this site who is a canon lawyer, but he is not on the thread. I haven’t “seen” him in a while, but then, I am a spotty member. He often answers questions about annulments and the like. Your question is a little different from what I usually see him answer.
Feel free to ask if I can clarify anything.
Hope that helps explain it