WHAT MAKES A CHRISTIAN MARRIAGE VALID?
A layman asked about the “crisis of marriage” and how Catholics
can help educate youth in love, help them learn about sacramental marriage, and
help them overcome “their resistance, delusions and fears.”
The questioner and the Holy Father shared three specific
concerns, none of which is in itself controversial: first, that there is a
"crisis of marriage" in the Catholic world today; second, that the
Church must increase its efforts to educate those who are entering into
marriage so that they are properly prepared for the Sacrament of Marriage; and third, that the
Church must help those who are resistant to marriage for various reasons to
overcome that resistance and embrace the Christian vision of marriage.
What
Did Pope Francis Actually Say?
In the context of the
question that the Holy Father was asked, we can better understand his answer.
As the Catholic News Agency reports, "The Pope answered from his own
experience":
“I heard a bishop say some months ago that he
met a boy that had finished his university studies, and said ‘I want to become
a priest, but only for 10 years.’ It’s the culture of the provisional. And this
happens everywhere, also in priestly life, in religious life,” he said.
“It’s provisional, and
because of this the great majority of our sacramental marriages are null.
Because they say ‘yes, for the rest of my life!’ but they don’t know what they
are saying. Because they have a different culture. They say it, they have good
will, but they don’t know.”
He later noted that
many Catholics "don't know what the sacrament [of marriage] is," nor
do they understand "the beauty of the sacrament." Catholic
marriage-preparation courses have to overcome cultural and social issues, as
well as the "culture of the provisional," and they must do so in a
very short time. The Holy Father mentioned a woman in Buenos Aires who
"reproached" him for the lack of marriage preparation in the Church,
saying, “we have to do the sacrament for our entire lives, and
indissolubly, to us laity they give four (marriage preparation) conferences,
and this is for our entire life.”
For most priests and
those engaged in Catholic marriage preparation, Pope Francis's remarks were not
very surprising—with the exception, perhaps, of the initial claim (modified the
next day) that "the great majority of our sacramental marriages are
null." The very fact that Catholics in most countries divorce at a rate comparable
to non-Catholics suggests that the questioner's concerns, and the Holy
Father's answer, are addressing a very real problem.
Objective
Impediments to a Valid Marriage
But is it really that
hard for Catholics today to contract a valid sacramental marriage? What kinds
of things can render a marriage invalid?
The Code of Canon Law addresses these questions by
discussing "specific diriment impediments"—what we
might call objective impediments—to marriage, and those problems
that may affect the ability of one or both parties to consent
to marriage. (An impediment is something that
stands in the way of what you're trying to do. ) The Holy Father, we
should note, was not talking about objective impediments,
which include (among other things)
·
not being of the
proper age (16 for men, 14 for women)
·
"Antecedent and
perpetual impotence to have intercourse"
·
being "bound by
the bond of a prior marriage"
·
a union between a baptized Catholic and a unbaptized person
·
having received the Sacrament of Holy Orders or being
"bound by a public perpetual vow of chastity in a religious
institute"
·
being too closely
related, whether by blood or by adoption
Indeed, perhaps the
only one of these objective impediments that is more common today than in the
past would be unions between baptized Catholics and unbaptized spouses.
Impediments
to Matrimonial Consent That May Affect a Marriage's Validity
What both Pope Francis and the questioner had in mind were,
instead, those things that affect the ability of one or both of those entering
a marriage from fully consenting to the marriage contract. This is important
because, as Canon 1057 of the Code of Canon Law
notes, "The consent of the parties, legitimately manifested between
persons qualified by law, makes marriage; no human power is able to supply this
consent." In sacramental terms, the man and the woman are the ministers of
the Sacrament of Marriage, not the priest or deacon who performs the ceremony;
therefore, in entering into the sacrament, they need to intend by an act of the
will to do what the Church intends in the sacrament: "Matrimonial consent
is an act of the will by which a man and a woman mutually give and accept each
other through an irrevocable covenant in order to establish marriage."
Various things can stand in the way of one or both of those
entering a marriage giving their full consent, including (according to Canons
1095-1098 of the Code of Canon Law)
·
lacking "the
sufficient use of reason"
·
suffering from "a
grave defect of discretion of judgment concerning the essential matrimonial
rights and duties mutually to be handed over and accepted" (e.g.,
not understanding that marriage entails sexual activity)
·
not being "able
to assume the essential obligations of marriage for causes of a psychic
nature"
·
being "ignorant
that marriage is a permanent partnership between a man and a woman ordered to
the procreation of offspring by means of some sexual cooperation"
·
thinking you are
marrying one person when you are really marrying another ("Error
concerning the person")
·
having been
"deceived by malice, perpetrated to obtain consent, concerning some
quality of the other partner which by its very nature can gravely disturb the
partnership of conjugal life"
Of these, the chief
one that Pope Francis clearly had in mind was ignorance concerning the
permanence of marriage, as his remarks about the "culture of the
provisional" make clear.
"The
Culture of the Provisional"
So what does the Holy
Father mean by the "culture of the provisional"? In a nutshell, it's
the idea that something is important only so long as we think it's important.
Once we decide that something no longer fits with our plans, we can set it aside
and move on. To this mindset, the idea that some actions we take have
permanent, binding consequences that cannot be undone simply does not make
sense.
While he hasn't always
used the phrase "culture of the provisional," Pope Francis has spoken
about this in many different contexts in the past, including in discussions of
abortion, euthanasia, the economy, and environmental degradation. To many
people in the modern world, including Catholics, no decision seems irrevocable.
And that obviously has serious consequences when it comes to the question of
consenting to marriage, since such consent requires us to recognize that
"marriage is a permanent partnership between a man and a woman ordered to
the procreation of offspring."
In a world in which
divorce is common, and married couples choose to delay childbirth or even avoid
it altogether, the intuitive grasp of the permanence of marriage that previous
generations had can no longer be taken for granted. And that presents serious
problems for the Church, because priests can no longer assume that those who
come to them wishing to get married intend what the Church herself intends in
the sacrament.
Does that mean that "the great majority" of Catholics
who contract marriages today do not understand that marriage is a "permanent
partnership"? Not necessarily, and for that reason, the revision of the
Holy Father's comment to read (in the official transcript) "a portion
of our sacramental marriages are null" seems to have been prudent.
A
Deeper Examination of the Validity of Marriage
Pope Francis's off-the-cuff comment in June 2016 was hardly the
first time that he has considered the topic. In fact, other than the
"great majority" part, everything he said (and much more) was
expressed in a speech that he delivered to the Roman Rota,
the Catholic Church's "Supreme Court," 15 months earlier, on January
23, 2015:
Indeed, the lack of knowledge of the contents of the faith might
lead to what the Code calls determinant error of the will (cf. can. 1099). This
circumstance can no longer be considered exceptional as in the past, given the
frequent prevalence of worldly thinking imposed on the magisterium of the
Church. Such error threatens not only the stability of marriage, its
exclusivity and fruitfulness, but also the ordering of marriage to the good of
the other. It threatens the conjugal love that is the “vital principle” of
consent, the mutual giving in order to build a lifetime of consortium.
“Marriage now tends to be viewed as a form of mere emotional satisfaction that
can be constructed in any way or modified at will” (Ap. Ex. Evangelii gaudium, n. 66). This pushes
married persons into a kind of mental reservation regarding the very permanence
of their union, its exclusivity, which is undermined whenever the loved one no
longer sees his or her own expectations of emotional well-being fulfilled.
The language is much
more formal in this scripted speech, but the idea is the same as the one Pope
Francis expressed in his unscripted comments: The validity of marriage is
threatened today by "worldly thinking" that denies the
"permanence" of marriage and its "exclusivity."
Pope
Benedict Made the Same Argument
And in fact, Pope Francis was not the first pope to address this
very issue. Indeed, Pope Benedict had made essentially the
same argument about "culture of the provisional" in the same setting—a speech to the Roman Rota on January 26,
2013:
Contemporary culture, marked by accentuated subjectivism and
ethical and religious relativism, places the person and the family before
pressing challenges. Firstly, it is faced with the question about the
capacity of the human being to bind him or herself, and about whether a bond
that lasts a lifetime really is possible and corresponds with human nature or
whether, rather, it contradicts man’s freedom and self-fulfillment. In fact,
the very idea that a person fulfills him or herself living an “autonomous”
existence and only entering into a relationship with the other when it can be
broken off at any time forms part of a widespread mindset.
And from that reflection, Pope Benedict drew a conclusion that,
if anything, is even more disturbing than the one Pope Francis came to, because
he sees such "subjectivism and ethical and religious relativism"
calling into question the very faith of "those engaged to be
married," with the possible consequence that their future marriage may not
be valid:
The indissoluble pact between a man and a woman does not, for
the purposes of the sacrament, require of those engaged to be married, their
personal faith; what it does require, as a necessary minimal condition, is the
intention to do what the Church does. However, if it is important not to
confuse the problem of the intention with that of the personal faith of those
contracting marriage, it is nonetheless impossible to separate them completely.
As the International Theological Commission observed in a Document of 1977: “Where
there is no trace of faith (in the sense of the term ‘belief’ — being disposed
to believe), and no desire for grace or salvation is found, then a real doubt
arises as to whether there is the above-mentioned and truly sacramental
intention and whether in fact the contracted marriage is validly contracted or
not.”
The
Heart of the Matter—and an Important Consideration
In the end, then, it
appears that we can separate the possible hyperbole—"the great
majority"—of Pope Francis's unscripted remarks from the underlying issue
that he discussed in his response of June 2016 and in his speech of January
2015, and that Pope Benedict discussed in January 2013. That underlying
issue—the "culture of the provisional," and how it affects the
ability of Catholic men and women truly to consent to marriage, and thus to
contract a marriage validly—is a serious problem that the Catholic Church must
face.
Yet even if Pope Francis's initial off-the-cuff remark is
correct, it's important to remember this: The Church as always presumed that
any particular marriage that meets the external criteria for validity is
actually valid, until shown otherwise. In other words, the concerns
raised by both Pope Benedict and Pope Francis are not the same as, say, a
question about the validity of a particular baptism. In the
latter case, if there is any doubt about the validity of a baptism, the Church
requires that a provisional baptism be performed to ensure the validity of the
sacrament, since the Sacrament of Baptism is necessary for salvation.
In the case of
marriage, the question of validity only becomes a concern should one or both
spouses request an annulment. In that case, Church marriage tribunals, from the
diocesan level all the way up to the Roman Rota, may in fact consider evidence
that one or both partners did not enter into the marriage with a proper
understanding of its permanent nature, and thus did not offer the full consent
that is necessary for a marriage to be valid.