In a broad sense, a mixed marriage is one between a Catholic and a non-Catholic. In canon law, there are two types of mixed marriages. The first falls under “Disparity of Worship”, which involves a Catholic party and a non-baptized party. It is also categorized as a marriage impediment and a dispensation is required from the competent Church authority in order that the marriage be valid in the Church (c.1086). E.G. Dave, a Catholic, wants to marry a Jewish woman named Mila. Dave and Mila can marry at St. Anne’s Church, provided that the pastor request the bishop to grant the dispensation from the impediment of “Disparity of Worship”. In many dioceses, bishops have granted pastors the authority to dispense from the impediment, as long as there is a just and reasonable cause to do so. The second type of mixed marriage involves a Catholic party with a baptized Non-Catholic party. In this case, it would be a sacramental marriage, because it involves two baptized persons. There is no impediment between the parties, but permission is needed from the competent Church authority in order for them to be marry licitly (c.1125) If not, the marriage is still valid, but it would be illicit. E.G. James, a Catholic, wants to marry a beautiful athletic blonde named Claire, who is a protestant. The two can marry at St. Anne’s Church, provided that the local ordinary (Bishop or Vicar General) permits the pastor to officiate their marriage. Again in many dioceses, bishops have granted pastors the faculty to permit marriages between Catholic and baptized non-Catholic parties.
Rationale of the Law
There are a couple reasons why there is legislation regarding mixed marriage. One reason is the potential threat to the faith of the Catholic party. As Catholics, we believe that we possess the fullness of the truth given by Jesus Christ to the apostles and their successors. Over time, a Catholic in a mixed marriage may feel tempted to abandon the Catholic faith and embrace the faith of the non-Catholic spouse. This is a danger that Holy Mother Church recognizes and thus places such prohibitions on mixed marriages. The other reason is the potential conflict in raising children in the faith. Ask any married couple and they will admit to the various arguments and disagreements that come up in marriage. In a mixed marriage, religion could be a contentious topic for the couple. They might discuss, “In which faith should we raise our children? Do we go to Santa Remedios this Sunday and then go to the other church the next Sunday? What happens when our religions do not match up on serious matters like abortion, euthanasia, certain customs or moral behaviors?” One can think of a variety of scenarios in which couples could potentially argue with each other over religious beliefs and end up in divorce. The Catholic Church has these prohibitions based on over 2,000 years of experience with the human condition and the institution of marriage. She has witnessed marriages breakdown and the children left with separated parents, because of the subject of religion. The Church wants the best for each party involved. She requires that the parities discern seriously and practically about how they will live as a couple/family given their religious differences. A pastor assisting such parties will be attentive to these matters as he guides them in marriage preparation.
Canonical Requirements
Canons 1125 and 1126 state the requirements that must be fulfilled before a mixed marriage is celebrated. First, “the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church” (c.1125 1). The burden is placed on the Catholic party to assure the pastor that there is no danger of abandoning the Catholic faith. He or she promises to do everything he or she can so that the children will be baptized and raised in the Catholic Church. A letter written on May 17 1966 by the Congregation for the Doctrine of the Faith clarified that the sincerity and faith of the Catholic party are important factors when the competent authority considers the dispensation or permission for a mixed marriage. Even if the non-Catholic party will make it difficult for the Catholic to fulfill these promises, the dispensation or permission can still be given. It stressed that trust and confidence is given to a Catholic party who is active in prayer and faith, because as a good Catholic model, there will always be hope that one day the children will receive baptism and Church teaching. But what happens if the Catholic party is not zealous in faith or refuses to make these promises at all? In this situation, although sensitive, the minister should persuade them to postpone the marriage or rethink marriage in the Church. Again, marriage preparation would be an opportune time for the pastor to discuss the importance of living the Catholic faith with the Catholic party, since he or she is seeking marriage in the Church after all.
The Catholic party would typically recite the following:
“I reaffirm my faith in Jesus Christ and, with God’s help, intend to continue living that faith in the Catholic Church. I promise to do all in my power to share the faith I have received with our children by having them baptized and reared as Catholics.” The declaration and promise are made in the presence of a priest or deacon either orally or in writing as the Catholic prefers. The priest or deacon responsible for preparing the parties will request the competent authority for the dispensation or permission on behalf of the Catholic party. All records would be inserted in the marriage file.
The second requirement is that the non-Catholic party must be informed about the promises made by his or her Catholic fiancée. There is no prescribed manner or occasion of informing the non-Catholic party. Thus, it may simply be done by the priest, deacon, or even the Catholic party. No formal statement of the non-Catholic is required. One hopes that the mutual understanding of this question before the wedding should prevent possible discord that might arise during married life.
The third condition is “both parties are instructed on the essential ends and properties of marriage” (c.1125 3). This condition is required by all preparing for marriage in the Catholic Church. All parties must be made aware of how the Church views marriage as an institution of the natural law. That marriage is a covenant by which a man and a woman exchange consent between themselves to establish a partnership of the whole life and that marriage by its nature oriented towards the procreation and raising of children and the good of spouses (c.1055). All those preparing for marriage must be aware about the unity and indissolubility of marriage (c.1156).
Takeaways
Mixed marriages are indeed permissible in the Church. We recognize the natural right people have to marry the person whom they love and desire to marry. However, as subjects to ecclesiastical law and discipline, the right to marry is also conditioned to the circumstances or parties involved. The Church in Her maternal wisdom establishes prohibitions and prerequisites before a mixed marriage is celebrated. The Church has her reasons and as long as the parties the obligations involved, then the dispensation or permission should be granted. In many cases, the non-Catholic spouse eventually becomes Catholic, especially when the Catholic spouse or children are living the faith authentically.
