Canonical Rules for Intermarriage in Catholicism

Posted on Nov 19, 2024 in Religion

Marriage and Disparity of Worship

The Code of Canon Law (CDC) addresses intermarriage in Title VII, Chapter VI. These rules, updated by Paul VI’s 1970 Motu Proprio on intermarriage, reflect the principles of ecumenism and religious freedom from Vatican II.

Defining Intermarriage

Intermarriage refers to marriages where only one party is Catholic at the time of the contract. This broad concept includes marriages prevented by canon 1086 and those merely prohibited.

Impediments and Prohibitions

Canon 1086 governs prevented marriages, while canons 1124 and following address prohibited marriages. Historically, marriages between Christians of different religions were considered an impediment.

Disparity of Cult

Disparity of cult refers to the religious difference between a Catholic and a non-baptized person. The impediment arises from the potential danger to the Catholic’s faith and the challenges in raising children within the Catholic tradition.

Requirements for Impediment

Canon 1086 outlines the conditions for this impediment:

  • One spouse must be Catholic and not formally defected from the Church.
  • The other spouse must be non-baptized.

A valid Catholic baptism is essential, whether received in the Catholic Church or through conversion. If there is doubt about the validity of baptism, the marriage is presumed valid until proven otherwise.

Dispensation

The impediment can be removed through the non-baptized person’s baptism or a dispensation from the ordinary. This dispensation requires meeting the conditions in canons 1125 and 1126, similar to those for mixed marriages.

Mixed Marriages of Religion

In mixed marriages of religion, both parties are baptized Christians, but one is Catholic and the other belongs to a church not in full communion with Catholicism. This includes Protestant and separated Eastern Churches.

Conditions for License

For both disparity of cult and mixed marriages, a license is required based on a just and reasonable assessment. The following conditions must be met (canons 1125 and 1126):

  1. The Catholic party must declare readiness to avoid dangers to their faith and promise to baptize and educate children in the Catholic Church.
  2. The non-Catholic party must be informed of these promises.
  3. Both parties must be educated on the essential properties and purposes of marriage.