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Scott Marrotte wrote:

Hi, guys —

  • If a baptized Protestant and a baptized Catholic (a man and woman), marry before a Protestant minister, I have heard that it is seen as invalid by the Catholic Church, yet,
  • If two baptized Protestants (a man and woman), marry before a Protestant minister it’s considered valid by the Catholic Church.

I would think if Protestants can marry validly before a Protestant minister, so could a Catholic and Protestant, however it would only be of an illicit nature, not effecting its validity.

Please clarify any confusion I am having.

Scott Marrotte

  { Can a baptized Catholic and Protestant (a man and a woman) validly marry in a Protestant church? }

John replied:

Hi Scott,

Thanks for your question.

In the Catholic Church, matrimony is a Sacrament.  Most Protestants don't believe Marriage is a Sacrament. They believe in only 2 Sacraments, and they believe them to be only symbolic: Baptism and the Lord's Supper (Communion).

So, since it's a Sacrament in the Catholic Church, it must have the correct form. Although someone can receive a dispensation to first marry a Protestant and then to be married by a Protestant Minister.  The first is relatively easy to get; the second is a bit more difficult. 

Hence, Catholics, who are supposed to know better, should not be getting married outside the Church. This is an act of disobedience.  It either indicates a lack of knowledge of the nature of Matrimony as a Sacrament, or outright rejection of the Church's Teaching which is tantamount to rebellion.  Both invalidate the marriage.

The marriage between two Protestants, is considered valid, because they aren't specifically acting in rebellion to the Catholic Church and while they don't consider it a Sacrament, if they are both validly baptized, it is still universally so, and there are no other impediments to their marriage, such as:

  • previous marriages where the other spouse is still living, or
  • for example, the existence of a prenuptial agreement that foresees a divorce and arranges the distribution of assets, or
  • anything else that is lacking . . . such as full consent of the well.

But the Church does not and cannot bind them to Catholic form, because they are not Catholics and aren't aware of all the requirements for the Sacrament. 

You can't be held accountable for what you don't know and what is not required of you.

John

Scott replied:

Dear Mr. DiMascio,

Thank you for your reply.

I can understand certain impediments for a valid marriage like being previously married, a lack of consent, etc., however I thought it was the couple themselves, that exchange vows and marry each other, so if both are baptized, a man and woman can make the commitment to marry like Protestants.

I don’t see why a Catholic and Protestant cannot validly receive the sacrament in an illicit way before a Protestant Minister.

I would think that its similar to a schismatic bishop who ordains bishops without a pontifical mandate. The bishops he ordains are valid but illicit.

It seems like a priest is an essential element of marriage, but no priest is present for a valid Protestant marriage. 

Thank you,

Scott

John replied:

Scott,

Please "Reply to All", so everyone can follow. I've included the others in my reply.

This issue is about the form. Catholics are bound by the form required by the Church. They know or should know better.

By rejecting “the proper form”, they are rejecting the nature of the Sacrament and therefore invalidate it.

The same holds true for any Sacrament.  If a minister of the Sacrament alters the essential form, it invalidates the Sacrament. 

  • If a priest alters the words of consecration, it means the Eucharist is invalid.
  • In Marriage, the couple are the ministers. If one of them is Catholic and alters the form, the marriage isn't valid.

Protestants can't be held to this standard, because they are unaware of “the form”.

Catholics at least know they must get married by a Catholic minister, under normal circumstances. There are exceptions for extreme circumstances, but these are rare at best.

A Catholic also knows he or she needs permission of the Church to marry a non-Catholic. Even if they don’t understand the Sacramental theology.  That theology, should be covered during marriage prep. It might not be given in some poorly developed marriage prep programs and frankly, if there is a divorce, that could be grounds for annulment later.

The solution to the issue in most cases is very simple and easy. The couple simply has the marriage convalidated and blessed by a Catholic priest or deacon. It's very routine, absence any impediment.  It comes down to whether the Catholic wants to be Catholic, or not. 

John

Paul replied:

Dear Scott,

It's also important to recognize the difference between natural law and Canon law. All people are obligated to live the natural law and only Catholics are obliged before God to follow canon (Church) law. 

Canon law is positive law, which means it's not intrinsic to marriage itself, but yet still promulgated by the Church with the authority of Christ. It dictates that the marriage of a Catholic must be in the Catholic Church, with a priest or deacon and two other witnesses present.

Non-Catholics are not obliged to follow this. If two Protestants who are validly baptized marry in a Protestant church, it is considered both valid and sacramental by the Catholic Church. But without a dispensation, a Catholic must follow the dictates of canon law.

Peace,

Paul

Scott replied:

Dear Paul,

Thank you for your reply.

  • Could I say, if Canon law did not have the restriction, then a Catholic could validly marry in a Protestant church? 
  • Also, if a Catholic was unaware of the restriction, is he validly married in a Protestant church since Protestants are validly married due to ignorance?

Another thought has come to mind about Canon law.

  • Is anyone Catholic or non-Catholic bound by any Canon law if ignorant of the law?

I would think binding a person to a law without knowledge of it would be unjust.

  • If a Catholic is not validly married in a Protestant church, and he thought he was, does he have to marry again in a Catholic Church when he finds out it’s invalid according to Canon law?

Thank you,

Scott

John replied:

Scott,

Any practicing Catholic knows they need to marry in a Catholic Church. 

If they don’t, they aren't practicing the faith and that's a whole different set of issues.

You're asking theoretical questions. Such a person needs to get back to Church and needs to talk to a priest, as they can't receive Communion until they get this fixed.  

John

Bob replied:

Dear Friend,

Catholics are obliged to follow Canon Law, Protestants are not.  Think of it as house rules; your parent say, “in my house there is no alcohol”, but your friends parents allow it.  You have to follow different rules in different places, because there are different authorities and different allegiances.

Therefore, Catholics belong to a household that has certain rules, and if you break them, then there is a consequence.  In this case, the Marriage is not recognized as valid by the Church.

Peace,

Bob Kirby
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