Issue 25 Matters September 2019

valid by the . A good example of a case As with natural marriage, a where civil law contradicts canonical marriage may or divine law and has no effect in may not be sacramental, law is in same-sex depending on whether it is marriage. Thanks to the between the baptized. Astute misguided efforts of the readers of Marriage Matters United States Supreme Court, may object: But we thought every state now recognizes YOU SAY TOMATO, only applied to same-sex as civilly I SAY MARRIAGE (cont.) Catholics, so how can a valid. Divine law defines

marriage between Non- marriage as between one man We began looking last month Catholics be canonical? This and one woman, so a same- at the meaning of marriage is possible because much of sex marriage would be a civil and the different kinds of the canon law of marriage is marriage but not a canonical marriage. Last issue, we simply an articulation of marriage. looked at natural marriage divine law, which applies to versus sacramental marriage. everyone, regardless of An example of a case where This month we will consider religion. Thus, marriage is canon law allows persons to versus one of the few areas where disregard civil law is the canonical marriage. canon law applies to Non- authority of the local ordinary

Catholics, at least as far as the to permit “a marriage which A civil marriage is one that Catholic Church is concerned. cannot be recognized or meets all the requirements of celebrated according to the civil law to be considered The relationship between civil norm of civil law” (canon legally valid by the civil marriage and canonical 1071 §1, 2°). Such a situation government. Every state marriage is complicated. may occur in countries where regulates marriage, attaching When it comes to marriage, the government persecutes the certain rights and obligations civil law in this country does Church and marriages must be to it which are enforceable by not recognize the authority of celebrated secretly, so it the government. In order to canon law. Canon law, would be a canonical enforce these regulations, however, does recognize the marriage but not a civil each state has a body of law authority of civil law and marriage. that determines what requires that civil laws “be conditions are necessary for a observed in canon law with That’s it for now. Until next civilly valid and binding the same effects, insofar as time, keep the faith, to exist. When all of they are not contrary to divine God’s people, and always those conditions are satisfied, law and unless canon law honor the code! there is a civil marriage, and provides otherwise” (canon the parties are bound by civil 22). This means that canon law to all of the attached law requires the observance of rights and obligations. civil laws regarding marriage

except in those cases where Not surprisingly, a canonical civil law contradicts divine marriage is one that meets all law or where canon law the requirements of canon law permits otherwise. to be considered canonically