Mixed Religion

MISTA RELIGIONE. —

I. NOTION AND NATURE

Mixta religio, vow (v.) cognation (v.) (but only in those States where, according to civil legislation, the unlawfulness of marriages contracted between persons bound by such a relationship is recognized), constitutes a prohibitory impediment to marriage and exists, under can. 1060 CIC, between two baptized persons, one of whom is Catholic and the other belongs to a heretical or schismatic sect, that is, is non-Catholic but Christian.

It is appropriate to emphasize that this impediment is clearly distinct from the disparity of worship (v.), whereby a marriage contracted between a baptized and an unbaptized person, without prior dispensation, is rendered invalid. Both prohibitions of marriage have the evident purpose of avoiding dangers to the faith of the baptized party in the case of the impedimentum disparitatis cultus, and to that of the Catholic party in the case of mixta religio. In the latter case, however, “it is to be thought that the ratio Sacramenti prevails over the ratio peccati, in the sense that in a marriage of this nature inter baptizatos the Church still sees the Sacrament, whereas the Sacrament is not present (as is commonly held) when one party is an infidel” (Magni).

The indispensable prerequisites for the impediment of m. r. to arise are the existence of a valid Baptism in both betrothed parties and the actual adherence of one of them to a non-Catholic sect: in fact, the mere, even total, rejection of the faith, or intimate adherence to a heresy, does not constitute an impediment in the canonical sense; nor, it seems, should the «personailler de haresi damnatus» be equated with a member of a sect.

II. DISPENSATION

As may be inferred from the literal wording of can. 1060 itself, the impediment is of ecclesiastical law and, as such, the faithful person may be dispensed from it; if, however, “adsit perversionis periculum coniugis catholici et prolis,” dispensation cannot be granted, since the impediment has its source in divine law (cf. encyclical Arcanum, 10 February 1880, of Leone XIII). Should the danger of perversion cease, the impediment remains in force

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on the basis of ecclesiastical law; therefore, in order to contract a licit marriage, dispensation must be requested and obtained in accordance with can. 1061. As regards the validity of the bond contracted without dispensation, there is no doubt that the marriage is illicit but valid.

The granting of this dispensation is reserved to the pontiff; in practice it is granted by the S. Congr. of the S. Office, which ordinarily delegates the bishops. For dispensation to be granted, the following essential conditions are required: a) a just and grave cause. Gravity must be understood in a relative, not an absolute, sense, since the ecclesiastical authority must assess whether the cause is legitimate and sufficient with regard to the places and persons; likewise, the one granting the dispensation must give particular consideration to a cause concerning the bonum publicum, without thereby, according to some authors, excluding the justice and gravity of a cause that concerns only the bonum privatum. Legitimate and sufficient causes for dispensation include, for example, the hope of great advantages for the Church from the marriage of a non-Catholic ruler who, having offered the requisite guarantees, wishes to marry a Catholic woman; the serious promise made by a non-Catholic to embrace the Catholic faith after marriage; the possibility of avoiding, only through a mixed marriage, the scandal of a pregnancy; as well as the danger of a merely civil marriage or the scarcity of Catholics in the region. b) The fulfilment of the cautions. Although the CIC does not establish specific formalities for these assurances, they must ordinarily be requested in writing; customarily, according to the civil provisions of the region, they are made either before witnesses or a notary, under oath, or by means of a formal contract concluded between the engaged parties. The non-Catholic party must provide a twofold assurance, namely: full freedom for the Catholic spouse in observing the obligations of Christian life, without exerting either directly or indirectly any influence to draw that spouse away from the profession of faith; and the obligation, incumbent also upon the Catholic spouse, to baptize and educate the offspring exclusively as Catholics. There is also a moral duty incumbent upon the Catholic spouse, in accordance with can. 1062, prudently to seek the conversion of the non-Catholic. Before the promulgation of the CIC, this moral commitment had the character of a genuine juridical obligation, although even then it was not formally required by the Church. c) Moral certainty on the part of the dispensing authority that the cautions will actually be fulfilled, a certainty reached through examination of various elements, namely, the attitude of the person who must provide the cautions, the spontaneity and manner in which they are given, etc. There is no doubt that attaining moralis certitudo always presents difficulties; consequently, the Church urges bishops and pastors of souls to divert the faithful, insofar as possible, from mixed marriages (can. 1064 § 1); once such marriages have been contracted, those same pastors must watch over the faithful and conscientious fulfilment of the obligations undertaken by the spouses (can. 1064 § 2).

Even with all these precautions, the Church does not conceal her radical aversion to mixed marriage, on account of the disadvantages to which it often gives rise despite everything. These disadvantages are set forth in the encyclical Casti connubii: “For from it there not rarely arises in the descendants a grievous defection from religion, or at least an easy falling into religious indifference, which is very close to unbelief and impiety. Moreover, in these mixed marriages, that living union of souls is rendered much more difficult which must imitate … the arcane union of the Church with Christ. For the close union of souls will easily be lacking; and just as this is a sign and distinctive mark of the Church of Christ, so it must be the distinguishing feature, honour, and ornament of Christian marriage. Indeed, the bond of hearts is wont to be dissolved, or at least weakened, where there is diversity of thought and affection concerning the highest and supreme matters venerated by man, namely, truth and religious sentiments. Hence there arises the danger that the love between the spouses may languish and that the peace and happiness of the family may be ruined, for these flourish chiefly through unity of hearts.”

In accordance with can. 1063, after obtaining dispensation, the engaged parties may not, either before or after the celebration of Marriage before the Church, approach the non-Catholic minister as such, even through a proxy, but only in the capacity of a civil-status official, who must perform a merely civil function. The prohibition concerns the approach to the non-Catholic minister, “uti sacris addictus,” for the purpose of giving, or at least renewing, consent.

III. CANONICAL PENALTIES

As regards the penalties to be imposed on those who violate the obligations pertaining to mixed marriages, there are two categories of sanctions, according to the object of the violation. If a Catholic contracts marriage without having requested and obtained the dispensation, he is excluded, in accordance with can. 2375, from legitimate ecclesiastical acts and from sacramentals until he has obtained the dispensation from the Ordinary. It is evident that this penalty affects only the Catholic spouse, who alone is juridically bound to request the dispensation.

The Catholic spouse, on the other hand, is subject to excommunication latas sententiae, reserved to the Ordinary (can. 2310), if he contracts marriage before an non-Catholic minister in disregard of can. 1063 § 1, or if he contracts the religious bond with the explicit or implicit agreement to raise all or part of the offspring outside the Catholic religion: indeed, contracting marriage with such an agreement renders the Catholic spouse suspect of heresy (can. 2319 § 1, 2°) and subject to the corresponding penalties (cann. 2315 and 2316).

IV. CELEBRATION OF MARRIAGE

The form in the celebration of mixed marriages is extremely reduced. Canon 1102 imposes upon the parish priest a passive assistance, which ultimately consists in the interrogaciones concerning consent: every sacred rite and all the ceremonies of the ritual are omitted, including, naturally, the celebration of Mass. However, should “graviora mala praevideantur,” the Ordinary may permit the celebration of some ceremony, though Mass is always excluded, unless a pontifical indult has been granted for highly exceptional circumstances.

BIBLI: P. Gasparri, Tractatus canonicus de Matrimonio, I. Città del Vaticano 1932, p. 257 ff., n. 438 ff.; F. M. Cappello, Tractatus canonico-moralis de Sacramentis, III, 1. De Matrimonio, Torino 1939, p. 388 ff.; C. Magni, Corso di diritto ecclesiastico, Diritto canonico, II, Milano 1942, pp. 410–11; I. Chelodi-P. Ciprotti, Ius canonicus de Matrimonio, Vicenza 1947, p. 67 ff.; V. GIUDICE, Nozioni di diritto canonico, 9ª ed., Milano 1949, p. 128. Giuseppe Spinelli