J.P., San Antonio, TX
Marriage is a Sacrament and can only be properly and fruitfully administered in the Roman Catholic Church. The marriage of baptized persons is governed by divine law and by Canon Law.
The Church claims exclusive jurisdiction over the marriage contract and marital state of Christians in all matters that concern their validity and liceity.
The Church cannot modify the divine law in this regard. The Church has the right, as custodian and interpreter of the divine law, to regulate the marriage contract and marital state of Christians by her laws.
Although prior to the Code of Canon Law promulgated 19 May 1918, the law applied to all baptized persons, since the Code, the impediment of disparity of cult affects Catholics only.
The question of marriage between two persons attending the Conciliar Church, or a marriage between a Roman Catholic and a person attending the Conciliar Church must be regulated by the laws concerning mixed marriages.
This does more than imply that those who are still attending the organized New Order Church of Vatican II are members of an heretical and schismatic sect, it means this explicitly and formally.
Therefore, anyone who is a member of the Conciliar Church (continues to follow the false doctrines promoted by the bishops and priests adhering to the "Second Vatican Council" are considered heretics and schismatics. This must also be said of those who have formed themselves into small groups headed by independent priests or intruder bishops ordained validly, but who are none the less heretics and/or schismatics. All these must be considered as heretics and schismatics in the light of Roman Catholic doctrine and discipline.
Marriages performed by such bishops or priests are not considered marriages between Roman Catholics but as marriages between non-Catholics.
It is safe to say that all marriages performed by Traditionalist clergymen are to be held as marriages between members of heretical and schismatic sects. The same is true for all marriages contracted before a minister of the Modernist Church, also known as the "Conciliar Church."
Since these marriages are performed outside the Roman Catholic Church, they are per se valid contracts. They are binding contracts. They take on the external qualities of a Sacrament but are devoid of the grace peculiar to the Sacrament. They are, in a word, fruitless as far as supernatural grace is concerned.
The Church everywhere most severely forbids the contracting of marriage between two baptized persons of whom one is a Catholic whereas the other is a member of a heretical or schismatic sect; and if there is danger of perversion for the Catholic party and the children, the marriage is forbidden also by the divine law itself. (Canon 1060).
Strictly speaking, a `mixed marriage' is a marriage between a Catholic and a validly baptized non-Catholic. The impediment which then exists is called `mixed religion.' If it is a marriage between a Catholic and an unbaptized person, it is then called an impediment of `disparity of cult.'
Your question deals with marriage between two persons in a heretical sect, namely, the Modernist Church.
It is a new religion because it has its own new doctrines just as any of the other numerous Protestant sects which claim to be `Christian.' It may be argued: "Who today is a `Roman Catholic' and who is not?"
Despite the fancy double-talk of both sides of the heretical fence, the determination is as easy as it ever was. What has happened is that very few Catholics have ever experienced dealing with heretics and schismatics in their own household. This makes it emotionally complicated, but emotion has nothing to do with profession of clear doctrine or the denial of it.
Nor does the fact that a priest continues to offer the Protestant Communion Service "piously" change the fact that he is nothing more than a pious heretic whose piety is not founded on supernatural grace.
Nor does it change the reality that an individual erroneously considers himself a `Catholic' simply because he continues to attend the physical edifice where Catholic doctrine was once taught, but no longer. A `Catholic' is not a person who imagines himself to be a `Catholic' simply because he once might have been a Catholic.
Validly baptized Methodists are not Catholics until they abjure their errors and are received into the Catholic Church by legitimate representatives of the Church.
Modernists are not Catholics because they are heretics. They do not belong to the visible Body of the Church even though they occupy our buildings much as the Anglicans continue to do in England.
Marriage between a Catholic and Conciliar Church heretic can only be treated as a mixed marriage. Therefore, all the cautions prescribed by the Church must be observed under pain of grave sin.
Even though the Church does not favor mixed marriages, She is sometimes forced to tolerate them to avoid greater evil. Nevertheless, the Church does not dispense from the impediment of mixed marriage unless:
There are just and grave reasons therefor;
The non-Catholic party shall have given a guarantee to remove all danger of perversion from the Catholic party, and both parties shall have given guarantees to baptize and educate all the children in the Catholic faith alone.
There exists moral certainty that the guarantees will be fulfilled and the guarantees as a rule are to be required in writing.
There are three conditions required to grant this dispensation for a mixed marriage. There must be grave and just reason; adequate guarantees; and moral certainty that the guarantees will be honored.
What are these guarantees? On the part of the non-Catholic party the promise to remove all danger of perversion from the Catholic party; and on the part of both, the promise to baptize and educate all the children in the Catholic faith and in no other.
Since we face many mixed marriages between Catholics and Conciliar heretics, more must be required to assure the compliance of the non-Catholic party in the matter of baptizing and educating all children as Catholics.
Painful experience shows that many such marriages end in spiritual ruin because the Catholic party has not sufficiently respected the true Faith and has easily been corrupted by the non-Catholic party. This is true for both, men and women. Perhaps the reason for this excessive superficiality lies in the fact that religious indifference is openly preached by those who still visibly appear to represent the true Church: Pope, bishops and priests.
The Catholic party has an obligation in charity to strife prudently for the conversion of the non-Catholic party.
Even though a dispensation from the impediment of mixed religion has been obtained from the Church, the
parties may not, either before or after the celebration of the marriage before the Church, apply also, either in person or
by proxy, to a non-Catholic minister in his religious capacity, in order to express or renew matrimonial consent.
(Canon
1063).
If the pastor knows for certain that the parties intend to violate or that they have violated this law, he must not assist at their marriage except for the gravest reasons, on condition that scandal be removed, and after consulting the Ordinary. (Canon 1063 §2.).
The penalty for a Catholic marrying before a non-Catholic minister incurs excommunication (c.2319).
If former Catholics frequent and support clergymen who are not subject to a Roman Catholic bishop, they are deemed to be members of the sect and the laws and penalties for heretics apply to them.
How does one determine who is a `Roman Catholic' today? The first step is to assure that the person has been validly baptized. Secondly, an examination on the doctrines of the Church will show whether or not the person holds to the teachings of the Church or whether he embraces the false doctrines of heretics.
Return to Contents
Return to home page.