IMPEDIMENTS TO A VALID MARRIAGE

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."

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.