MIXED RELIGION. - I. NOTION AND NATURE. - Mixed religion (mixta religio), together with the simple vow (v.) and legal cognation (v.) (but only in those States where, according to civil legislation, the unlawfulness of marriages contracted between persons bound by such a tie is recognized), constitutes a hindering impediment to marriage and exists, in accordance with can. 1060 CIC, between two baptized persons, one of whom is Catholic and the other belonging to a heretical or schismatic sect, that is, non-Catholic but Christian.
It is worth emphasizing that this impediment is clearly distinct from the diriment impediment of disparity of cult (v.), whereby a marriage contracted between a baptized person and a non-baptized person, without prior dispensation, is invalid. Both prohibitions of marriage have as their evident purpose to avoid dangers to the faith of the baptized party, in the case of the impedimentum disparitatis cultus, and of the Catholic party, in the case of mixed religion. In the latter case, however, «it is to be thought that the ratio Sacramenti prevails over the ratio peccati in the sense that the Church in a marriage of such a nature inter baptizatos still sees the Sacrament, whereas the Sacrament is not there (as is commonly held) when one party is an unbeliever» (Magni).
Indispensable prerequisites for the impediment of mixed religion to apply are the existence of a valid Baptism in both parties to the marriage and the effective adherence of one of them to a non-Catholic sect: indeed, the simple, even total, rejection of the faith or an intimate adherence to a heresy does not constitute an impediment in the canonical sense, just as the «personailler de haresi damnatus» also seems not to be equated with one enrolled in a sect.
II. DISPENSATION
As can be inferred from the literal wording of canon 1060 itself, the impediment is of ecclesiastical law and as such the faithful can be dispensed from it; however, if "adsit perversionis periculum coniugis catholici et prolis" the dispensation cannot be granted, since the impediment has its source in divine law (cf. the encyclical Arcanum, 10 Feb. 1880, of Leo XIII). In the case where the periculum perversionis ceases, the impediment remains in force on the basis of ecclesiastical law, so that, in order to contract a licit marriage, the dispensation must be requested and obtained in accordance with canon 1061. As regards the validity of the bond contracted without the 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 given by the Sacred Congregation of the Holy Office, which ordinarily delegates the bishops. For the dispensation to take place, the following essential conditions are required: a) a just and grave cause. The gravity must be understood in a relative and not an absolute sense, since the ecclesiastical authority must weigh whether the cause is legitimate and sufficient with regard to places and persons; likewise the one granting the dispensation must particularly keep in mind the cause that concerns the bonum publicum, without this, according to some authors, excluding the justice and gravity of a cause that concerns only the bonum privatum. The following must be considered legitimate and sufficient causes for the dispensation, for example: the hope of great advantages for the Church from the marriage of a non-Catholic ruler who, having offered the relevant guarantees, wishes to marry a Catholic; or the promise seriously made by a non-Catholic to embrace the Catholic faith after the marriage; or again 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 fulfillment of the cautions. Although no specific formalities are established for such assurances by the CIC, they must as a rule be required in writing; customarily, moreover, depending on the civil provisions of the region, they are formalized either before witnesses or a notary, or with an oath, or by means of a regular contract entered into between the parties to be married. The non-Catholic party must provide a double assurance, namely: full freedom for the Catholic spouse in the observance of the obligations of the Christian life, without influencing him or her either directly or indirectly to turn away from the profession of faith; and the obligation, common also to the Catholic spouse, to baptize and educate the offspring only as Catholics. There exists, moreover, a moral duty for the Catholic spouse, in accordance with canon 1062, to prudently seek the conversion of the non-Catholic. Before the promulgation of the CIC this moral commitment had the character of a true and proper juridical commitment, which, however, even then, was not formally required by the Church. c) Moral certainty in the dispensing authority of the effective fulfillment of the cautiones, a certainty reached through the examination of many elements, namely the attitude of the one who must provide the cautions, the spontaneity and the manner in which they are provided, etc. The acquisition of moralis certitudo undoubtedly always presents difficulties, for which reason the Church suggests to bishops and pastors of souls that they dissuade the faithful, as far as possible, from mixed marriages (canon 1064 § 1); once these have been contracted, the same pastors must watch over the faithful and scrupulous fulfillment of the obligations assumed by the spouses (canon 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, despite everything, it often gives rise. These disadvantages are set forth in the encyclical Casti connubii: "From it indeed there not rarely derives in the descendants a mournful defection from religion, or at least a falling easily into religious indifference, 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 hidden union of the Church with Christ. For the close union of souls will easily be lacking; which, as it is a sign and distinguishing mark of the Church of Christ, so must it be a distinguishing mark, honor and ornament of Christian marriage. Indeed the bond of hearts is wont to be dissolved or at least loosened, where there is diversity of thought and affection concerning the highest and supreme things venerated by man, that is, in truth and in religious sentiments. Hence comes the danger that love between the spouses may languish and the peace and happiness of the family be ruined, which flourishes principally from unity of hearts."
In accordance with canon 1063, the parties to be married, having obtained the dispensation, may not, either before or after the celebration of the Marriage before the Church, have recourse, even through a proxy, to the non-Catholic minister as such, but only in the capacity of civil registrar, who must carry out 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 inflicted 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 requested and obtained the dispensation, he remains excluded, in accordance with can. 2375, from legitimate ecclesiastical acts and from the sacramentals, until he has obtained the dispensation from the Ordinary. It is evident that this penalty affects only the Catholic spouse, the only one juridically bound to request the dispensation itself.
The Catholic spouse, on the other hand, is always subject to excommunication latas sententiae, reserved to the Ordinary (can. 2310), should he contract marriage before a non-Catholic minister in contempt of can. 1063 § 1, or should he contract the religious bond with the explicit or implicit agreement to educate 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 relative penalties (cann. 2315 and 2316).
IV. CELEBRATION OF MARRIAGE
The form in the celebration of mixed marriages is extremely reduced. Can. 1102 imposes on the parish priest a passive assistance, which ultimately amounts to the interrogations concerning consent: every sacred rite and all the ceremonies of the ritual are omitted, naturally including the celebration of the Mass. However, whenever "graviora mala praevideantur," the Ordinary may permit the celebration of some ceremony, always excluding the Mass, unless a pontifical indult has been granted for very special circumstances.
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Giuseppe Spinelli