Evening star., 1932-02-14
BY The REV. VALENTINE q.
SCHAAF, o. r. M, ID. d.

NEW YORK, February 13 tP).-It Is
a lonz-established practice of the Cath
clic Church, when granting a dispen-
sation that Catholic may marry a
non Catholic, to require that the non
Catholic promise not to interfere with
the Catholics practice Of his religion
and that both parties promise to have
all the children Of both sexes that may
be born to them baptized and reared
IN the Catholic. religion. Canon 1861
Of the Code OF Canon Law ordains,
may be granted. 1t must be morally
certain that those promises win be
kept.
Now the recent decree Of the holy
ofhce is meant to obtain q greater as-
surance Of the fulfillment Of those
promises. 1t ordains that dispensa-
tions may not be granted by any one
enjoying the power to dispense, unless
the promises are made in such a form
that no one can prevent their being
put into effect, not even in view of
civil laws The decree finally declares
that unless these promises are made
in the prescribed manner, the dispen-
sation granted is inyalid. Itswas owing
conclusions were drawn from this last
provision that the reports were led
into errcr.
Questions 6f validity.
In the first place the validity Of the
dispensation does not depend upon the
actual fulfiliment Of the required prom
were really educated In the Catholic
religion, but whether the promise to
50 educate them was given sincerely in
the manner prescribed by the decree.
In case the promises are not given in
the prescribed manner. but are defec-
tive in essentials, the dispensation will
be invalid
The dispensation does not become in
valid when and because the parties do
not keep their promises, but from the
beginning the dtpensation is not valid
II at the time of agreement the par
ties do not make the promises in the
prescribed manner
The decree is indeed q tightened re-
striction on mixed marriages But its
immediate purpose Is not SO much "a
ruling that all children of such unions
must actually be reared within the
church'-that is the ultimate purpose
but rather that the promises to that
effect must be given in manner that
from the outset will give greater as
surance Of their being fulfilled in due
time
But the invalidity Of the dispensation
does not always argue for the invalidity
Of the marriage contracted on the
strength OF it. For it must be borne
in mind that in canon law there are
two distinct tmpediments forbidding
Catholics to marry non-Catholics. The
one, called mixed religion" forbids the
marriage between a Catholic and q
baptized ncn-Catholic unless a dispen-
sation has been obtained. This is not
a diriment ilnpediment. 1t does not
render such marriage invalid even II
contracted without dispensation; it
pain Of SIN, from entering upon the
marriage without valid dispensation.
Provided there is no ether invalidating
obstacle. such a marriage contracted
without valid dispensation Is valid,
but the Catholic sins in contracting it.
Other impeachment.
The ether impeachment is that of dis
parity of cult" or, as it is sometimes
styled, difference of worship" This
renders the marriage between a Cath
olic and non-baptized person invalid
in the eyes Of the church unless q
valid dispensation has been obtained
Only in this case will the invalidity OF
the dispensation, because it was not
given with sufficient guarantee that the
promises will be carried out rebound
to the invalidity Of marriage between
Catholic and 4 non baptized person.
The decree does not prohibit the
married couple from transferring their
residence to place where the civil laws
would prevent the fulfillment CT the
promises: it merely ordains that the
promises must be drawn up in such a
manner that they can be enforced. not
withstanding the laws in the place of
the parties present or future residence.