MIXED RELIGION. — I. CONCEPT AND NATURE.
Mixed religion, together with simple vows (v.) and legal cognation (v.) (but only in those States where civil legislation recognizes the unlawfulness of marriages contracted between persons bound by such a tie), constitutes an impedient impediment to marriage and exists, in accordance with the provisions of the 1917 Code of Canon Law, between two baptized persons, one of whom is Catholic and the other belongs to a heretical or schismatic sect, that is, to a non-Catholic but Christian community.
It should be noted that this impediment is clearly distinct from the diriment impediment of disparity of cult (v.), by which a marriage contracted between a baptized and an unbaptized person, without prior dispensation, is invalid. Both prohibitions regarding marriage have as their evident purpose the avoidance of dangers to the faith of the baptized party, in the case of the impediment of disparity of cult, and to that of the Catholic party, in the case of mixed religion. In the latter case, however, it may be thought that the sacramental aspect prevails over the aspect of sin, in the sense that the Church, in a marriage of this kind between two baptized persons, always sees a sacrament, whereas a sacrament is not present (as is commonly held) when one party is unbaptized (Magni).
The indispensable prerequisites for the existence of the impediment of mixed religion are the valid reception of baptism by both parties and the actual adherence of one of them to a non-Catholic sect: indeed, a mere refusal, even if total, of the faith or an internal adherence to heresy does not constitute an impediment in the canonical sense, nor does it seem that a person who has been personally condemned for heresy should be equated with a member of a sect.
II. DISPENSATION
As is clear from the wording of canon 1060 itself, the impediment is of ecclesiastical law and as such may be dispensed by the competent authority; however, if there is a danger of perversion of the Catholic spouse or of the offspring, dispensation cannot be granted, since the impediment has its source in divine law (cf. Leo XIII, encyclical *Arcanum*, 1880). If the danger of perversion is removed, the impediment remains in force under ecclesiastical law, so that, in order to contract a licit marriage, dispensation must be sought and obtained in accordance with canon 1061. As regards the validity of a bond contracted without dispensation, there is no doubt that the marriage is illicit but valid.The granting of such dispensation is reserved to the Roman Pontiff; in practice, it is granted by the Sacred Congregation of the Holy Office, which ordinarily delegates this authority to bishops. For dispensation to be granted, the following essential conditions must be met: a) a just and grave cause. The gravity must be assessed in a relative rather than absolute sense, since ecclesiastical authority must weigh whether the cause is legitimate and sufficient in relation to the places and persons involved; the dispenser must also give particular consideration to the cause relating to the public good, without thereby excluding, according to some authors, the legitimacy and gravity of a cause that pertains solely to the private good. Among the causes considered legitimate and sufficient for dispensation may be cited, for example, the hope of great advantages for the Church from the marriage of a non-Catholic ruler who, having given the necessary guarantees, wishes to marry a Catholic, or the serious promise made by a non-Catholic to embrace the Catholic faith after marriage, or again the possibility of avoiding, only through a mixed marriage, the scandal of a merely civil marriage or the defection of Catholics in the region. b) The fulfillment of the guarantees. Although the 1917 Code does not establish specific formalities for these assurances, they must ordinarily be given in writing; customarily, depending on the civil legislation of the region, they may take the form of declarations before witnesses or a notary, or by means of an oath, or through a formal agreement between the parties. The non-Catholic party must provide a twofold assurance, namely: full freedom for the Catholic spouse to observe the obligations of Christian life, without directly or indirectly influencing or distancing the Catholic spouse from the profession of the faith, and the obligation—shared also by the Catholic spouse—to baptize and educate the offspring solely as Catholics. There is moreover the moral duty incumbent upon the Catholic spouse, in accordance with canon 1062, to strive prudently for the conversion of the non-Catholic spouse. Before the promulgation of the 1917 Code, this moral commitment amounted to a true juridical obligation, though even then it was not formally required by the Church. c) The moral certainty of the dispensing authority regarding the actual fulfillment of the guarantees, a certainty which is reached through the examination of multiple elements, namely, the attitude of the person providing the guarantees, the spontaneity and manner in which they are given, and so forth. The acquisition of such moral certainty undoubtedly presents difficulties, which is why the Church advises bishops and pastors of souls to dissuade the faithful, as far as possible, from entering into mixed marriages (canon 1064 § 1); once such marriages have been contracted, the same pastors must ensure that the spouses faithfully and scrupulously fulfill the obligations they have assumed (canon 1064 § 2).
Even with all these precautions, the Church does not conceal its radical aversion to mixed marriages, on account of the inconveniences to which they often give rise despite everything. These inconveniences are set forth in the encyclical *Casti connubii*: “For from such marriages there not infrequently arises in the offspring a grievous defection from the faith, or at least a tendency to religious indifference, which is very near to unbelief and impiety. Moreover, in these mixed marriages, that vital union of souls which should imitate... the hidden union of the Church with Christ is rendered much more difficult. For the close union of souls, which is both a sign and a distinguishing mark of the Church of Christ, should also be the distinctive feature, the adornment, and the glory of Christian wedlock. Indeed, the bond of hearts is readily dissolved or at least weakened where there is a diversity of thought and feeling about the highest and most sacred things revered by man, that is, about truth and religious sentiment. Hence arises the danger that the love between the spouses may languish and that the peace and happiness of the family, which flourishes chiefly through the unity of hearts, may be destroyed.”
He also composed elegant prose works on the sculptures of Thorvaldsen, Cornacchini, Benvenuti—of whom he was a friend and secretary—of the sculptors Pampaloni, Bartolini, Ricci, and of the painters Sabatini.
In accordance with canon 1063, the parties, having obtained dispensation, may not, either before or after the celebration of the marriage before the Church, approach a non-Catholic minister in his capacity as a minister of religion, but only in his capacity as a civil registrar, who must perform a merely civil function. The prohibition concerns the approach to a non-Catholic minister “as one dedicated to sacred rites,” with a view to the giving or, at least, the renewal of consent.
### III. Canonical Penalties
With regard to the penalties to be imposed on those who transgress the obligations inherent in mixed marriages, there exists a twofold category of sanctions, in relation to the object of the transgression. If, in fact, a Catholic contracts marriage without having sought and obtained the dispensation, he is excluded, in accordance with can. 2375, from legitimate ecclesiastical acts and from sacramentals, until he has obtained a dispensation from the Ordinary. It is evident that this penalty applies only to the Catholic spouse, the only one juridically bound to seek the dispensation itself.
It is always the Catholic spouse who is subject to latae sententiae excommunication, reserved to the Ordinary (can. 2319), if he contracts marriage before a non-Catholic minister in contempt of can. 1063 § 1, or if he contracts the bond with an explicit or implicit pact to educate all or part of the offspring outside the Catholic religion; indeed, contracting marriage with such a pact renders the Catholic spouse suspect of heresy (can. 2319 § 1, 2°) and subject to the related penalties (can. 2315 and 2316).
### IV. Celebration of Marriage
The form in the celebration of mixed marriages is extremely reduced. Can. 1102 imposes upon the parish priest a passive assistance, which ultimately reduces to the interrogations regarding consent: every sacred rite and all the ceremonies of the ritual are omitted, including naturally the celebration of Mass. However, if “graviora mala praevidantur,” the Ordinary may permit the celebration of some ceremony, always excluding Mass, unless a special papal indult has been granted for exceptional circumstances.