Abstract

This paper traces the developments in the Catholic law on mixed marriages beginning with an outline of the canonical provisions that were in force prior to the Second Vatican Council. The impact of the Council teaching on ecumenism and religious freedom became apparent with the promulgation of Matrimonii sacramentum (1966), Crescens matrimoniorum (1967) and Matrimonia mixta (1970). These documents put the legislation on mixed marriages on a new footing and provided the basis for the legislation of the 1983 Code of Canon Law. Bishop McAreavey analyses various ecumenical dialogues on mixed marriages: ARCIC, the dialogue between the Lutheran World Federation, the World Alliance of Reformed Churches and the Catholic Church, and ongoing dialogues between the Methodist Church and the Orthodox Church (primarily in the United States) and the Catholic Church. He notes in particular what those discussions have to say on the issue of ‘the promises’ and canonical form and comments on the provisions of the 1983 Code of Canon Law on mixed marriages. He considers the basis of the commitment required of the Catholic party ‘to remove dangers of defecting from the faith’ and the commitment ‘to do all in his or her power in order that all the children be baptised and brought up in the Catholic faith’. He accepts the view of Fr Navarrete that whereas the former obligation is of divine law the latter obligation goes no further than ‘to do his or her best’ (pro viribus in the Latin phrase). In the final section, he reflects on the pastoral impact of developments in the canon law regarding mixed marriages, noting the statements of the World Gatherings of Interchurch Families in Geneva (1998) and in Rome (2003).

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