MCV Lesson #6 - Impediments To Marriage and Orders Roman Catholic sacramental theology teaches that the ministers of the sacrament of Holy Matrimony are the man and woman, and therefore any marriage contracted voluntarily between two baptized and unmarried adults is valid, though under ordinary circumstances the marriage must be blessed by a priest to be licit. LICIT. That which is permitted by law, whether civil or ecclesiastical. Often distinguished from valid, to express what the law prescribes or allows, as distinct from what is necessary to produce the desired effect. (Etym. Latin licet, it is lawful, it is allowed or permitted.) VALIDITY. Having not only legal force but actually producing the effect intended. Applied to the sacraments, it refers to the conditions of matter, form, and circumstances required for valid administration. In ecclesiastical law it means that certain prescriptions must be fulfilled for the law or contractual agreement to bind or take effect. Impediments to marriage are classified according to many different criteria, all of which will not be covered here… In general an impediment is… IMPEDIMENT. Any obstacle to progress or activity, and in the moral order whatever hinders a person from achieving the spiritual perfection intended for him or her by God. Such would be inordinate attachments, though not sinful, to some creature that stands in the way of complete surrender to the will of God. In theology and canon law an impediment is any hindrance to the validity or legality of some action or its effects. (Etym. Latin impedimentum, an impediment, hindrance; from impedire, to entangle the feet.) In regard to their origin, impediments are either from divine law, and so cannot be dispensed, or from ecclesiastical law, and so can be dispensed 1 MCV Lesson #6 - Impediments To Marriage and Orders by the competent Church authority. Under the 1983 Code of Canon Law, ecclesiastical impediments only apply to marriages where one or both of the parties is Catholic. Under the prior 1917 Code, ecclesiastical impediments applied to the marriages of non-Catholic Christians as well, unless specifically exempted. Note that, as clarified by articles 2 and 4 of Dignitas Connubii,[2] the Catholic Church now recognizes the diriment impediments of other (i.e., non-Catholic) Churches and ecclesial communities when their members are parties to a marriage. List of Impediments to Marriage Age. If the man is under 16 years of age, or the woman is under 14 years of age, then their marriage is invalid. This is an ecclesiastical impediment, and so does not apply to a marriage between two non-Catholics. However, note that in a marriage between a Catholic and a non-Catholic, the age limitation applies to the non-Catholic party as well. Each national episcopal conference has the authority to set a higher minimum age as a prohibitive impediment. The United States Conference of Catholic Bishops has not enacted a higher prohibitive minimum age for marriage. Physical Capacity for Consummation Lacking. Per Canon 1084 §3 "Without prejudice to the provisions of Canon 1098, sterility neither forbids nor invalidates a marriage." Both parties, however, must be physically capable of completing vaginal intercourse, wherein the man ejaculates "true semen" into the woman's vagina. To invalidate a marriage, the impotence must be perpetual (i.e., incurable) and antecedent (after) to the marriage. The impotence can either be absolute or relative. This impediment is generally considered to derive from divine natural law, and so cannot be dispensed. The reason behind this impediment is explained in the Summa Theologica:[16] “In marriage there is a contract whereby one is bound to pay the other the marital debt: wherefore just as in other contracts, the bond is unfitting if a person bind himself to what he cannot give or do, so the marriage contract is unfitting, if it be made by one who cannot pay the marital debt.” Previous Marriage Previous marriages, whether conducted in the Catholic Church, in another church, or by the State. All previous attempts at marriage by both parties wishing to marry must be declared null prior to a wedding in the Catholic Church, without regard to the religion of the party previously married. Disparity of Cult. A marriage between a Catholic and a non-baptized person is invalid, unless this impediment is dispensed by the local ordinary. Sacred Orders. One of the parties has received sacred orders. Perpetual Vow of Chastity. One of the parties has made a public perpetual vow of chastity. 2 MCV Lesson #6 - Impediments To Marriage and Orders Abduction. One of the parties, usually the woman, has been abducted with the view of contracting marriage. Crimen. One or both of the parties has brought about the death of a spouse with the view of entering marriage with each other. Consanguinity. The parties are closely related by blood. Affinity. The parties are related by marriage in a prohibited degree. Public propriety. The parties are "related" by notorious concubinage (Cohabitation). Where the cohabitation is publicly known it is considered “notorious”. Adoption. The parties are related by adoption. Spiritual relationship. One of the parties is the godparent of the other. This no longer applies in the Latin Rite, but still applies in the Eastern Catholic Churches. Other Factors Which Invalidate Marriage Lack of Form. When a marriage of a Catholic takes place without following the laws and rites of the Catholic Church. Coercion. This impediment exists if one of the parties is pressured by any circumstances to enter into marriage. (In order for the impediment to cease, the situation must change so that the party can marry freely of his or her own will.) Psychological Immaturity or Mental Incapacity To enter into sacramental marriage, both parties must understand and have the capacity to accept the minimum of what it entails. Refusal to Have Children One of the goods of marriage is children. A man or woman physically capable of fathering or, respectively, conceiving a child but who intends never to have children may not marry in the Catholic Church. Exclusion of Fidelity. Fidelity of each party to the other is a good of marriage. If this is specifically excluded in the mind of either party, the couple may not marry in the Catholic Church. Civil law. If one of the parties is younger than the legal age for marriage according to civil law, the marriage may not take place in the Catholic Church. 3 MCV Lesson #6 - Impediments To Marriage and Orders Impediments to Ordination to the Priesthood Impediments to the priesthood are divided into "irregularities", which are permanent unless removed by the competent authority and "simple impediments" which may pass with time without action of an ecclesiastical authority. Canon Law also lists various impediments to the exercise of a priesthood that has already been conferred. The bishop can remove most irregularities and simple impediments, except for those involving public apostasy, heresy, or schism; abortion or murder, even if in secret; and existing marriages. Irregularities that cannot be removed by the bishop can be removed by the Holy See (i.e. the Pope or the appropriate dicastery of the Roman Curia). Listed below are some of the irregularities that can present impediments to ordination… Irregularities Mental illness Prevents fulfillment of the duties of the priesthood. Physical Incapacity to Perform the Rites of the Church. A priest must have his hands to celebrate the sacraments. He must also be able to ingest the wheat host and the wine. (A complete gluten intolerance, for example, is an impediment). Apostasy, heresy or schism. Previous rejection of the faith which was public and notorious is an impediment. Attempted marriage. The attempt to marry despite an existing valid marriage or vow of chastity, or the marriage to a woman who had an existing valid marriage or vow of chastity forms an irregularity even after the death of the spouse. Participation in An Abortion or Murder. Any prior act, statement, financial or moral support which contributed positively to a specific case of successful abortion or murder is an impediment. This could include driving a woman to the abortion clinic or paying for her abortion. Paying taxes to a state that funds abortions would generally not be considered a "positive" contribution to the abortion. Attempted Suicide Self mutilation, or mutilation of others. Any premeditated attempt at suicide disqualifies one as a candidate for ordination. The act of mutilation must be performed "graviter et dolose" (grave and malicious) in order for it to be an impediment (cutting off a hand or foot, castration, etc.) Attempt to Perform An Act Proper to the Priesthood or Episcopate. This applies to acts such as hearing confessions, etc. when one has not received the proper ordination to do so. 4 MCV Lesson #6 - Impediments To Marriage and Orders Previous Marriage. This applies to Latin Rite priests and bishops and Eastern Catholic bishops only. All previous marriages must be declared null, or the spouse must have died. In the case of a deceased spouse, most bishops require that the children be raised to adulthood before the man can undertake a vocation to the priesthood. Political Office Or other positions that a priest is not permitted to occupy. This impediment disappears as soon as the candidate is no longer in office. Recent Baptism. The bishop must determine when a newly baptized person is sufficiently mature in his faith to undertake an ordained ministry in the Church. 5 .