The daily journal. (Salem, Or.) 1899-1903, 1902-06-06
Catholics and
Legal Divorce

Prendergast, the vicar-general of
this archdiocese, as a prelude to his
sermon. defined some of the points Of
doctrine and discipline of the Catholic
church relating to the subject Of di-
vorce. He said in part:
Inasmuch as divorced persons are
sometimes married in the Catholic
church, many people are perplexed, be
cause they understand that the Catho-
lie church does not recognize divorce
as a dissolution of the marriage tie.
Hence not a few find themselves un.
able to reconcile what they consider
the discipline with the practice. In
reality there Is no conflict between the
church's disciplinary laws and the
church's acts. The explanation of the
apparent conflict is very simple. The
church never accepts the divorce de-
cree as a ground of justification for the
second marriage; but, If upon investi-
cation, It is clearly established that
the first marriage, though legal and so
far honorable, was a marriage which
would not stand in her courts, as be-
ing open antagonism to her laws, then
that first marriage is declared null
and void before her tribunals and a
subsequent marriage may be allowed.
For example, under the discipline of
the church, marriage contracted be
fore the civil authorities or Protestant
pastors between baptized Christian
of any denomination, and an unbap-
tized person, does not hold good before
the tribunal of the church, consequent
ly the parties thereto, II divorced, are
free, If not debarred by some other
cause than the divorce, to contract a
new marriage. In this and ali similar
cases. the second marriage is permit
ted not on the grounds Of divorce, but
on the ground of invalidity or nullity
of the first marriage, as judged by the
disciplinary legislation of the Catho.
lie church This is not casting a stlg
ma on a marriage, which the church
recognizes as good and true in law
although lacking the character of per
manency according to the laws of the
church. In fact, nowadays, there
seems to be a growing tendency to
recognize marriage as simply legal and
binding only so long as the law allows
The perplexity OF so many people
upon discovering that divorced per
sons are sometimes married in the
church, would be much less II they
bore in mind that under the church
discipline there are altogether eight
or ten conditions. or as they are tech
nically called impedimentsy-which bai
marriage, unless these lmpedlmentf
are, for good reasons, removed by
former dispensatlon. The marriage be
tween q baptized and an unbaptlzed Is
one OF these; another is constraint
depriving one of the contracting par
ties of the liberty essential to all con
tracts; solemn religious VOWS also con
stitute one of the impediments. Close
relationship is fourth.
There is a prevailing idea that dis
pensations are granted by the church
in consideration OF social influence, oI
what Is worse, money power, This
notion is absolutely false. It arises
from the circumstances that u dispen
satlon which Is sometimes given In
high life is discussed by the papers
II is frequently given to persons In
humble stations. Such dispensatior
Is given by the local authorities. II
Is given here without the expense OF
ono cent to the applicants, whether
rich or poor. II is only in the mos
extraordinary and complicated cases
that application for dispensatlon hai
to be made TO Rome.