Beloved Father Angelo,

I have a dear friend, a Catholic, who will be getting married in the next few months. His future wife is not baptized and for this reason the marriage will be celebrated with a mixed rite (which in this case is a marriage with disparity of worship). Speaking with him, I was surprised to discover something that, however, I did not know: this type of marriage is not a sacrament.

This surprised me a lot. I am not an expert in theology or canon law, but I have always known about the possibility of celebrating a Catholic marriage in which one of the two spouses was not baptized, and given this possibility, I have always thought that, at least for the Catholic, that was a sacrament in all respects.

A little surprised, I went to read the codes of canon law (1055 – 1165) to delve deeper into the matter, but I did not find any clarification on this aspect. Indeed, canon 1059 says that even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law […] which would lead me to confirm my initial thought.

Continuing my research, and summarizing a lot, I understood that marriage, for it to be a sacrament, has as a necessary condition that both spouses be baptized. Even one of your answers that I found on the site reiterates this.

Having said all this, I come to my question. It is not clear to me how the two things go together, the validity of marriage for the Church, and the fact that it is not a sacrament. Could you help me understand it? If it is not a sacrament, it means that there is no grace of God acting there. However, at the same time it is a Catholic marriage, so it is united and indissoluble. But aren’t these “characteristics” such precisely because marriage is a sacrament?

I conclude by specifying that mine is not mere legal curiosity, but arises from a sincere concern that my dear friend of faith lives his journey in the grace of the Lord, and then from the possibility of understanding, once again, how the Church, mother of us all, accompanies and looks in particular at all her children, one by one.

Thank you very much, truly.

Marco B. A.

Priest’s answer

Beloved,

1. For the case you presented to me, a canonical marriage is foreseen for the disparity of cult, celebrated in Church.

It is a true marriage, even if it is not a sacramental marriage according to the opinion of some.

2. The reason for its validity lies in the fact that marriage was instituted by God at the dawn of creation when he said: “That is why a man leaves his father and mother and clings to his wife, and the two of them become one body.” (Gen 2:24).

It is elevated to the dignity of a sacrament by Our Lord Jesus Christ.

3. The sacrament adds a particular grace to the marriage, but does not constitute marriage.

Marriage is constituted by conjugal consent according to the laws proper to each society.

For this reason, marriages between non-baptized persons are valid.

4. For baptized people, however, it is required that it be celebrated with the grace of the sacrament, as being baptized, being alive in Christ, requires.

This is why the Church does not recognize as valid the marriage between two baptized persons celebrated only in a civil form.

5. Disparity of worship is an impediment established by the Church, and is intended to protect the faith and Christian life of the baptized party.

It is an impediment that can be dispensed.

In theology, there is a debate as to whether a marriage contracted between a baptized person and an unbaptized person is a sacrament.

Some deny it because it is not possible for one to be a minister of the sacrament and the other not to be. One wonders: how is it possible for someone to intend to contract a sacrament and give it to their spouse if the latter does not receive it because he is not baptized?

Because he certainly does not receive it.

These people support their thesis on the canonical sentence according to which matrimonium non potest claudicare, marriage cannot limp.

Others instead recognize that it is a sacrament only for the baptized party. This means that he receives the grace proper to the sacrament.

6. Canon 1059 says that “Even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage.”.

The canon recognizes that it is possible to implement a marriage between a baptized party and an unbaptized party.

It also says that it is supported by both divine law, which is identified with natural law, and by canon law.

But it does not say that it is a sacrament. It seems to leave the question to theologians.

7. In conclusion, what can we say?

It can certainly be said that it is a true marriage, accepted by the Church.

However, it cannot be established with certainty whether it is a sacrament because the contrary motivations retain their value.

However, we are certain that God gives his grace even outside of the sacraments.

It will not perhaps be a question of sacramental grace, but of many actual and even habitual graces linked to the needs of one’s state.

This solution can also be welcomed by those who say that it is a sacrament only for the baptized party.

I wish you all the best, I bless you and I remember you in prayer.

Father Angelo

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