Marriage is not
of human origin. It was
instituted by God, as described
in the opening chapters of the
Book of Genesis.
But when Christ
came into the world He elevated
the natural institution to the
level of a sacrament. He wished
to provide not only individuals
with the means they need, as
persons, to reach eternal life:
He also wanted to give grace to
His followers as social beings.
Marriage is the foundation of
the family, which is the bedrock
of human society.
In the Church’s
own language, the sacrament of
Marriage is a contract indeed,
but it is also a covenant.
The marriage
covenant, by which a man and
a woman establish between
themselves a partnership of
their whole life, and which
of its own very nature is
ordered to the well-being of
the spouses and to the
procreation and upbringing
of children has, between the
baptized, been raised by
Christ the Lord to the
dignity of a sacrament.
Consequently,
a valid marriage contract
cannot exist between
baptized persons without its
being by that very fact a
sacrament (Canon 1055).
The only
condition, therefore, for a
marriage to be a sacrament is
that both husband and wife are
baptized at the time they marry.
This applies to all baptized
persons, whether Catholic or not.
Essential
Properties
Two properties of
every marriage are unity and
indissolubility. Both qualities
acquire a distinctive firmness
when the marriage is a
sacrament.
Unity. By
the unity of marriage the
Catholic Church understands the
monogamy of marriage. This means
only one man is married to one
woman. It therefore excludes
polygamy, which literally means
having more than one spouse at
the same time (poly =
many + gamos = marriage).
Historically there have been two
forms of polygamy practiced over
the centuries. In polygyny a man
has more than one wife at the
same time (poly = many +
gyne = woman). In
polyandry a woman has more than
one husband at the same time.
Popular usage has practically
identified polygamy with
polygyny, although the two terms
do not really mean the same
thing.
Polyandry is the
simultaneous marriage of one
woman with two or more men (poly
= many + aner = man).
Historically less common than
polygyny, it was often
accompanied by female
infanticide as a logical result
of a marital system where there
was a plurality of potential
husbands.
Between the two
forms of polygamy, polyandry was
never permitted or even
tolerated throughout the whole
period of the Old Testament.
Polygyny on the other hand was
permitted for a certain time, as
appears in the lives of such men
as Abraham, Jacob, and David.
But with the coming of Christ,
polygamy was revoked. The
Savior’s language is very clear
(Matthew 19:3-9; Mark 10:1-2;
Luke 16:18).
In the sixteenth
century, the Council of Trent
condemned anyone who claimed
that “Christians are permitted
to have several wives
simultaneously and that such a
practice is not forbidden by any
divine law” (November 11, 1563).
In the twentieth century, the
Church became more explicit. Not
only is polygamy forbidden to
Christians but, we are told,
Christ wished “to condemn any
form of polygamy or polyandry.”
In other words, since the rise
of Christianity, polygamy and
polyandry are forbidden to all
human beings. The restoration of
monogamy, which was originally
universal, is itself also
universal (Pope Pius XI,
Casti Connubii, II).
Indissolubility. Practically
speaking, what the Catholic
Church had especially to defend
was not so much simultaneous as
successive polygamy. The main
challenge to her defense of
Christ’s teaching was the claim
that married people can divorce
and remarry while their first
spouse is still living.
In order to make
her position absolutely clear,
the Church distinguishes between
what is called internal and what
may be called external
indissolubility.
Internal
indissolubility means that a
marriage cannot be dissolved
from within. What unites a
couple in marriage is a deeply
interior bond of which God is
the Author and which inseparably
joins husband and wife before
God, until death. It is Catholic
doctrine that in a sacramental
marriage, this bond is
absolutely indissoluble. There
have been several uncompromising
infallible pronouncements on
this crucial area of Christian
matrimony.
-
Christian
marriage cannot be dissolved
by reason of heresy,
domestic incompatibility, or
willful desertion by one of
the parties.
-
The Church is
not in error when she
teaches, according to the
doctrine of the gospels and
apostles (Mark 10; I
Corinthians 7) that the
marriage bond cannot be
dissolved because of
adultery on the part of
either the husband or the
wife.
-
Consequently,
neither party, not even the
innocent one who gave no
cause for the adultery, can
contract another marriage
while the other party is
still living.
-
Adultery is
therefore committed both by
the husband who dismisses
his adulterous wife and
marries again, and by the
wife who dismisses her
adulterous husband and
marries again (Council of
Trent, November 11, 1563).
In practice, the
Church understands a marriage to
be indissoluble by any human
authority, civil or
ecclesiastical, when three
conditions are fulfilled:
Provided all
three of these conditions were
fulfilled, there can be no
dissolution of the internal bond
of such a marriage.
External, or
outward indissolubility refers
to “separation from bed and
board or from cohabitation.”
Christ Himself provided for this
when He told the Pharisees that,
“whosoever shall put away his
wife, except it be for
fornication, and marries
another, commits adultery”
(Matthew 19:9). There are,
therefore, grounds for a
temporary or even permanent
separation of husband and wife.
But the Catholic Church believes
that a sacramental and
consummated marriage cannot be
internally dissolved no matter
how grave the reasons which may
justify external separation of
the spouses.
Pauline Privilege. Only
a sacramental and consummated
marriage is indissoluble by any
human authority. What, then, is
to be said about marriages that
are not sacramental? The Church
describes such marriages as held
together by a “natural bond.” A
natural bond can be dissolved.
In general, two
forms of non-sacramental
marriages exist. Either one or
both partners are not baptized
when they marry. In both cases,
no sacrament of marriage takes
place.
The classic form
of dissolving the natural bond
is the Pauline Privilege. It is
carefully expressed in the Code
of Canon Law.
In virtue of
the Pauline Privilege, a
marriage entered into by two
unbaptized persons is
dissolved in favor of the
faith of the party who
received baptism, by the
very fact that a new
marriage is contracted by
that same party, provided
the unbaptized party
departs….
The
unbaptized party is
considered to depart if he
or she is unwilling to live
with the baptized party, or
to live peacefully without
offence to the Creator,
unless the baptized party
has, after the reception of
Baptism, given the other
just cause to depart (Canon
1143).
However, even a
marriage between a baptized and
a non-baptized person can be
dissolved “in favor of the
faith,” also called “privilege
of the faith.” The circumstances
would be similar to those of a
Pauline Privilege, where one
partner wishes to become
Catholic but the non-Catholic
spouse places grave obstacles to
the practice of the Catholic
faith.
The biblical
grounds for the Pauline
Privilege and the privilege of
faith dissolution of the natural
bond are in St. Paul (I
Corinthians 7:12-16). Implied in
both privileges is that only a
valid sacramental and
consummated marriage cannot be
dissolved under any
circumstances.
The Sacrament
Instituted by
Christ to provide a lifetime
flow of graces, Christian
marriage is a sacrament which
the marrying spouses confer on
each other.
The bishop,
priest, or deacon who assists at
the marriage is a representative
of the Church. He confirms the
consent of marriage by the two
partners and is an official
witness to the marital contract,
and the one who presides over
the liturgical ceremony.
When a
Catholic enters marriage with a
non-Catholic, the Church must
give a dispensation. One of the
grounds for the dispensation is
a formal statement made by the
Catholic party. There are two
parts to the agreement: “The
Catholic party declares that he
or she is prepared to remove
dangers of falling away from the
faith, and makes a sincere
promise to do all in his or her
power in order that all the
children be baptized and brought
up in the Catholic Church”
(Canon 1125).
Since the Second
Vatican Council, a dispensation
can also be obtained for a
Catholic to be married to a non-Catholic
without having a bishop, priest,
or deacon witness the marriage
ceremony.
The Catholic
Church claims to herself the
sole and exclusive right to make
laws and administer justice in
the matrimonial affairs of
baptized persons. Always
understood is that the Church’s
jurisdiction applies to
everything which belongs to the
sacrament of Matrimony.
Historically this
claim of the Church’s rights
over the sacrament of Marriage
has been one of the main reasons
for her periodic conflict with
the State. The Church fully
recognizes the rights of the
State in purely temporal matters,
but she insists that, because
Christian marriage is a
sacrament, Christ entrusted to
the Church all final authority
over marital morality.
The modern popes
have repeatedly proclaimed the
Church’s authority over
Christian marriage. They have
seen the legalization of divorce
and remarriage, of
contraception, sterilization,
and abortion. And they continue
to insist on the right of
married people, and not only
Christians, to assistance from
the State in making marriage and
family life correspond to the
will of God.
Graces of the
Sacrament
In its longest
single document, the Second
Vatican Council went to great
lengths to spell out the
marvelous graces that Christ
confers on His married
followers.
Since the
sacrament of Matrimony is to be
a reflection of the selfless
love of Christ for His Church,
the principal grace of this
sacrament is the gift of
selfless love.
Christ our
Lord has abundantly blessed
this love, which is rich in
its various features, coming
as it does from the spring
of divine love and modeled
on Christ’s own union with
the Church. Just as of old
God encountered His people
with a covenant of love and
fidelity, so our Savior, the
Spouse of the Church, now
encounters Christian spouses
through the sacrament of
Marriage. He abides in them
in order that by their
mutual self-giving, spouses
will love each other with
enduring fidelity, as He
loved the Church and
delivered Himself for her….
Marriage and
married love are, by nature,
ordered to the procreation
and education of children .
. . true married love and
the whole structure of
family life which results
from it is directed to
disposing the spouses to
cooperate valiantly with the
love of the Creator and
Savior, who through them
will increase and enrich His
family from day to day (The
Church in the Modern World,
50).
The Church has
summarized the graces of the
sacrament of Marriage in two
terms: “procreative love” and
“unitive love.”
By the grace of
unitive love, married spouses
are given supernatural light and
strength to remain united and
grow in their mutual charity all
the days of their lives. But
they also receive the grace to
share their very being with
others, who are not yet
conceived or born. Their love is,
therefore, also procreative,
going outside themselves to the
children that God wants to send
them. After the children are
brought into the world, the
sacrament further enables father
and mother to provide for the
bodily and spiritual needs of
their offspring