Marriage Final

Why Clandestine Marriage?

- A widespread and significant social question that arose during the Reformation period: What made marriage indissoluble? Consent or intercourse? This question brought into play the matter of authority over family and marriage. - Couples secretly consented to each other without familial or public approval/witnesses. - This social question concerned both Reformation leaders and Roman Church authority. - The Roman's response to Clandestine marriage was embedded in their reaction to the Reformation in a Council of Trent document, Tametsi (1563). - Officially stated marriage is a sacrament. - Established legal formalities (priest and two witnesses) that had to be met for the marriage contract to be a valid, indissoluble sacrament. - Stated that without the legal form marriage was not valid in the eyes of Rome. - Stated there are three ends of marriage: offspring, faith, and sacrament/indissolubility.

Biblical foundations of our contemporary theology- Covenant in the Bible

- Central to Hebrew religion is covenant with God. - What is covenant? A special relationship, a treaty of sorts, prominent among the ancient Near Eastern tribes. - Mutual agreement (not rule over or submission to), for the sake of the common good-the well being of all.

Biblical foundations of our contemporary theology of marriage

- Christianity is one of the "religions of the Book" and seek meaning from the Bible. - What is the origin of marriage? The Genesis answer: it came from God. - "Male and female he [God] created them and he named them 'adam" (Gen 5:2). 'adam = earthling or human.

Biblical foundations of our contemporary theology- Ephesians

- Equal partnership. - Ephesians (5:21-33): "Be subject to one another because you stand in awe of Christ." (Give way to one another.) - "The husband is the head of the wife as (in the same way as) Christ is head of the Church" (5:23). - Christ is head by being Servant. - "Love your neighbor as yourself" Mk 12:31. - Marriage as a prophetic symbol of a mutually faithful covenant between Christ-Church (God-Israel). Eph 5:21-33. - "Give way to one another out of reverence for Christ" (5:21). - "Wives, give way to your husbands...for the husband is the head of the wife AS Christ is head of the Church" (5:22-23). - How is Christ head of the Church? "He gave himself up for it" (5:25). "I am come not to be served but to serve" (Mark 10:45). Christ exercises headship by SERVICE. - Christian husband is called to be the first servant of his wife and vice versa. - "This is a great MYSTERY (5:32), something secret, and the secret is that marriage between Christians is an image/symbol/sacrament of union between Christ and Church.

What is natural law?

- Greek influence: nature living morally is a matter of cooperating with nature, "don't fool with Mother Nature" - Roman influence: law - Cicero, living morally is living according to what reason commands. - Ulpian, living morally is living according to what nature teaches (common to humans and animals). - Ulpian's understanding became the established view of NL--a physicalist approach that focused on the act--and had a deep and lasting effect on morality. - By the Middle Ages, there were two strains of NL: 1. order of nature, 2. order of reason - Thomas Aquinas (1225-74) incorporated both strains of NL; viewed NL as God's eternal law; integrated NL with theology.

Biblical foundations of our contemporary theology- Hosea: Parable of covenant

- In the book of Hosea marriage between a man and a woman a prophetic symbol of the covenant. Hosea marries Gomer, who abandons him, but he remains faithful to her just as Yahweh remains faithful to faithless Israel. - Hosea is a parable of fidelity. God is faithful to faithless Israel; both spouses (not just a husband) are called to be faithful in marriage. Fidelity to the covenant between God and Israel creates and sustains fidelity between man and woman in marriage.

Reformers thoughts on marriage as covenant or sacrament

- Luther seriously challenged Roman church authority and cannon law. - He distinguished between secular and sacred powers. - He saw marriage is part of an earthly kingdom, not a channel of God's grace and not subject to church law. - Luther taught that marriage is not a sacrament. - He held that God made marriage a social institution (but "a holy estate") ordained for the begetting of children. - Luther was interested only in what scripture mandated—nothing more—so he rejected cannon laws about marriage (and most of canon law). - Virtually all Reformers based their positions on scripture (but their interpretations of scripture varied). Luther's social model of marriage: - Marriage was not to be regulated by the church but by civil authorities. - Required: Parental permission Public witnesses Public profession of the marriage vows. - Marriages were part of the public - social order. - This was a severe reaction to the Roman sacramental model of marriage. Calvin's covenantal model of marriage: - Calvin differs from Luther: he gives a far greater to local churches: - Churches are to make laws that regulate doctrines and oversee social morality. - Local churches elect their own leaders and make their own laws, including laws about marriage. - Marriage is not a sacrament, but it is a covenant. - Marriage is grounded in the biblical doctrine of covenant, a social entity that regulated or guided social life in ancient Israel. - The marital covenant involved the couple, God, family and community.

Biblical foundations of our contemporary theology - The Purpose of Marriage:

- Marriage has two ends (purposes or goals). In the early Yahwist tradition, marriage is for relationship: "it is not good for the human to be alone" (Gen 2:18). In the later Priestly tradition, marriage is for procreation: "increase and multiply" (Gen 1:28). - In the Christian tradition, these two ends have always been ascribed, but until the 20th century procreation was said to be the primary end and relationship a secondary end. For Catholics, since Vatican II, these ends are considered equal. The mutual relationship (love) of the spouses is as important as procreation.

1917 Code of Canon Law

- Marriage is a sacrament (Can 1012,1). - Marriage is validly achieved by exchange of free consent (Can 1081) and consummation. - Its primary end is procreation, secondary end is "mutual support and the remedy of concupiscence" (Can 1013). - It is valid only when celebrated in presence of priest and two witnesses (Can 1094).

Biblical foundations of our contemporary theology- Marriage as covenant:

- Marriage is an equal partnership of steadfast love. - 'ad'am (Gen 5:1-2) from 'ad'amah (2:4-7) - "Rib" relationship (Gen 2:21-23), "bone of bones, flesh of flesh" (2:24)...EQUAL. - Because they are equal, man and woman can marry and become "one body" (2:24).

Short answer about Natural Law

- Natural Law is based in ancient Philosophy. - The influence of Natural Law is present in New Testament scripture. - The influence of Natural Law is present across decades of Christian theology. - Thomas Aquinas (13th ct) integrated Natural Law and theology. - Today, various interpretations of NL influence perspectives of sexuality - Stoic Dualism: body vs soul. Distrust of body/sex Need to order/control sexual desire via reasonable ends: procreation. - Greek influence: nature living morally is a matter of cooperating with nature, "don't fool with Mother Nature" Roman influence: law - Cicero, living morally is living according to what reason commands. - Ulpian, living morally is living according to what nature teaches (common to humans and animals). - Ulpian's understanding became the established view of NL--a physicalist approach that focused on the act--and had a deep and lasting effect on morality. - By the Middle Ages, there were two strains of NL: 1. order of nature, 2. order of reason - Thomas Aquinas (1225-74) incorporated both strains of NL; viewed NL as God's eternal law; integrated NL with theology. Natural Law (or the law of nature) is a system of law that is presumed to be determined by nature and is universally valid. Natural Law is contrasted with the positive or man-made law of a given community, society, or nation and it can serve as a standard by which to critique positive law. From a Christian perspective of Natural Law, creation is good and orderly, and creation, every thing and every creature in creation, reflects the goodness of the Creator God, the author of Natural Law. Furthermore, there is a natural order embedded in creation; every thing and every creature has a purpose and is to cooperate with or to conform to the natural order and purpose given in creation. Throughout Christian history, human laws were to be judged by their conformity to Natural Law, and Church law was to reflect Natural Law. Natural Law theory claims that creation is intelligible, comprehensible; it can be understood by human beings. According to Natural Law, ideally, all things work together and act according to their nature, that is, according to intelligible and established patterns naturally embedded in them. Furthermore, each creature or thing is to act in accord with its proper and given nature and purpose and must respect and cooperate with the nature and purpose of all other creatures and things. What, more precisely, is the nature of the human person? What is meant by "human nature"? Humans are rational by nature. Human intelligence and the capacity to reason is, at least potentially, natural to human beings. To live and act in accord with human nature is to live and act morally. To live and act contrary to human nature is to live and act immorally. We are to honor our own nature and purpose and that of all things. Natural and truly human moral action is reasonable, discerning, and responsible. There are two main strains or interpretations of Natural Law, the order of nature and the order of reason. Generally speaking, contemporary society and modern cultures accepts conclusions from the order of reason. In some matters regarding sexuality and medicine, the Roman Catholic Church draws its conclusions from the order of nature.

Change 1930- 1960s

- Protestant churches discuss and begin to accept birth control and have long understood marriage as covenant (not sacrament). - Roman Catholic document, Casti Connubii (1930): gives new emphasis to marital love, but maintains the primacy of procreation and the notion of contract. - A couple who did not love each other could contract marriage as long as they gave to the other the right over her/his body. - Catholic theologians Von Hildebrand and Doms (1940s-50s) offer a daring innovation: the primary end of marital intercourse is the communion between the spouses. - Vatican II (1960s): marriage is a covenant-mutual self-giving of the spouses; no hierarchy of the ends of marriage.

3 Bonds of marriage

- The first type of bond is characterized by affection, love, desire, etc. Even prior to marriage, strong feelings lead a couple to commit to one another. - The second type of bond is the legal bond of marriage, when the bond of love is such that people have it recognized as a legal entity. Marital commitment adds to the existing interpersonal commitment. Legal marriage creates spouses' rights and responsibilities. - The third bond in marriage is the spiritual bond between to baptized Catholics people that is recognized by their religious community. Just as a couple seeks to have their union established as a legal entity of civil marriage, they may also choose to have their marriage established as an ecclesial entity. This is the bond the Catholic church recognizes as sacrament, in which spouses respond to God's call to serve one another, their children, and the community at large.

Why is Vatican II significant for the theology of marriage?

- The post-Vatican II model of marriage is marriage as an interpersonal union; the relationship between the spouses is the foundation of marriage. - News Flash: Procreation and mutual love are equal ends. The primary/secondary end terminology is abandoned. - News Flash: Marriage is a covenant (not a contract), a sacred, interpersonal relationship. - Vat II's teachings were affirmed in the revised Code of Canon Law in 1983.

What does it natural law have to do with today?

- Two approaches to NL (tension): the Order of Nature (Physicalism-Traditionalist) the Order of Reason (Personalism--Revisionist) - Generally, reason is now understood as the standard of NL. Humans naturally use their God-given gift of reason to understand Reality, upon which morality is based. - Exceptions: official Catholic teachings about sexuality generally take the Order of Nature approach. (contraception, fertility) - Two ways of Arriving at Moral Principles: - The Physicalist interpretation of NL, which emphasizes the physical-biological aspects of the human, has dominated moral teaching over the course of Christian history until the Modern Period. Physicalism focuses on the act and ignores aspects of the person and the situation. - The Personalist interpretation of NL, which focuses on the person, takes into account the person adequately considered and the circumstances of the act. Classicism: reality is timeless, universal, static, immutable, fixed, universal. Historical consciousness: reality dynamic, evolving, changing, contingent, particular. The Christian understanding of sexuality in the 20th century: a radical shift to historical consciousness, including its approach to sexuality. Official Catholic teaching has not fully incorporated this shift. Classicist theology sees moral norms/doctrines/teachings as once and for all, definitive—unchanging... ...and presumes that Catholic sexual norms articulated centuries ago apply to all times, places, and situations in the 21st century. The Catholic church generally now takes the historically conscious approach to social ethics, and draws upon reason, the array of sciences, to articulate social norms. But when it comes to sexual ethics, it tends to take a classicist approach. Today's Catholic Sexual Ethics: Consonance with Ancient philosophy: "any genital act....only within marriage." "each and every act must be open to procreation"

Biblical foundations of our contemporary theology - Spousal relationship:

- What is the relationship between male and female? The Genesis answer: They are equally human: "bone of bone and flesh of flesh" (Gen 2:23). - Because they are equal, they can marry and become "one body," (Gen 2:24) one complete, coupled person.

Role of faith- is faith involved in marriage?

- When discussing marriage and the idea of marriage preparation in 1980, the United States Synod of Catholic Bishops wrote: - "We have to take into account the engaged couple's degree of faith maturity and their awareness of doing what the Church does. This intention is required for sacramental validity." - In other words, the bishops acknowledge the role of faith in sacramental marriage. - Marriage is transformed into Christian sacrament, not merely by some legal effect of baptism, but by the active faith of the married couple. - Those who marry without active Christian faith, even if baptized, marry without Christian sacrament. - Faith is essential to sacrament, but faith is not measured or graded; faith can grow and deepen. - Marriage becomes Christian sacrament only if the spouses' faith-filled intention is to enter and to live married life as representation of Christ and his Church - The point is, without faith, an external religious rite (baptism, marriage, etc) is merely mechanical. Mere submission to a rite does not make it a sacrament. Faith-filled participation of the person transforms the rite into an "efficacious sign" of the action and presence of God—a sacrament. A valid and authentic sacrament requires the personal faith of the participant.

Natural Law- Conscience:

1. Human's capacity to know what is good and to do good. 2. Accurate sorting and understanding of data and right reasoning. 3. Practical judgment/decision about what to do/how to act in a situation. The Primacy and Inviolability of Conscience in Christian tradition: A person can not be forced or coerced to act contrary to her or his conscience. (emphasized in Gaudium et spes)

When was the first Christian ceremony and marriage?

16th century, Dramatic Catholic reaction to the Reformation radically transforms Roman Catholic marriage teachings. All Catholic weddings must take place in a church, be overseen by a priest, and there must be two witnesses. This leads to an established ritual that is required.

What was Augustine's contribution during the 300's?

An early definition of sacrament was "a sign and cause of God's grace." Augustine of Hippo (354-430 CE) called marriage a kind of sacrament, but only a sign, not a cause of God's grace because Augustine regarded sexual desire and pleasure, even in marriage, as always sinful. He granted, however, that it necessary for procreation and, therefore, procreation was the only purpose of sexual relations. The theological discussion continued....By the 13th Ct, the Scholastics, Albert and Aquinas, had no such qualms about sexuality and established marriage among their list of sacraments.

Aquinas and 12th Century Scholastics

Aquinas (philosopher and theologian) taught that marriage and sex were created by God and were, therefore, good when done for the proper purpose/end. Marriage has three ends. A primary end, procreation (because man is an animal); a secondary end, mutual support and fidelity (because man is human); and a third end, sacrament (because man is believer). Therefore, marriage is a sacrament, a sign and cause of God's grace.

What was the taboo from Augustine?

Augustine's understanding of sexuality and marriage was shaped by his complicated personal history. Augustine: sex and marriage were good because they were created by God. He held there are three goods/ends in marriage: offspring, fidelity, indissolubility. Procreation is the primary good; sex for any purpose other than procreation (pleasure), even for spouses, is sinful. Pope Gregory the Great (590-604 CE) banned from church and holy communion spouses who had pleasurable intercourse.

Council of Trent: 16th Century

Backdrop: Luther states that marriage is a holy estate of this world but not a sacrament. Calvin denies marriage is a sacrament but claims it as a covenant established by God between the spouses and between the spouses and God. Council of Trent confirms the already widespread theological agreement among Roman theologians that marriage is a sacrament: marriage contains and confers grace and is, of course, indissoluble. The Roman decree Tametsi (1563) requires a juridical form of marriage: marriage is valid in the Catholic Church only when celebrated in the presence of a priest and two witnesses

Marriage as covenant

Calvin: Churches are to make laws that regulate doctrines and oversee social morality. Local churches elect their own leaders and make their own laws, including laws about marriage. Marriage is not a sacrament, but it is a covenant. Marriage is grounded in the biblical doctrine of covenant, a social entity that regulated or guided social life in ancient Israel. The marital covenant involved the couple, God, family and community.

Love between spouses represents relationships between Christ and _____ _____

Christ's Church

Covenant vs. Contract

Contract: state or church is guarantor Covenant: God (couple) is guarantor Contract: stipulated period of time & conditions Covenant: forever - irrevocable Contract: secular, legal, juridical Covenant: religious, moral, personal Contract: law (civil and/or church) Covenant: personal mutual freedom, responsibility, respect.

Was the divorce in Jesus' day?

In the Roman Empire, spouses or their families dissolved marriage. The Jewish tradition allowed a husband to divorce his wife, but a wife could not divorce her husband. There was ongoing debate about divorce in Jesus' time. (opposing views: Rabbis Hillel & Shammai) Questions about divorce put to Jesus in the gospels tried to get him to take one side or the other; he did not. Jesus on divorce: Mk 10: 2-12; Matt 5: 31-32 and Matt 19:9. Marriage in Jesus' world was a family affair that respected Jewish law. Jesus' remarks about divorce, as interpreted by Mark and Matthew, suggest that God's intention was that marriage was for the rest of the life of the spouses [indissolubility], but that humans made exceptions to God's intention by allowing divorce. Divorce was allowed on the grounds of "porneia", an ambiguous term for "sexual immorality" that was variously understood and disputed in Jesus' day.

Biblical qualities of Christian marriage

Marriage between Christians is philia, neighbor- love (wishing the well-being of the other), mutual love between equal spouses. "Love your neighbor as yourself" (from Lev, Mark, Matthew, and Romans). Marriage is covenant love. Mutual service and total availability. It is mutual faithfulness/loyalty and, therefore, an indissoluble communion of love. Mutual giving way, mutual service, mutual fidelity.....all of which are ongoing efforts, already but not yet fully realized, that represent the covenant between Christ and his Church.

Canon Law (apply only to Catholics)

Marriage that is valid and consummated cannot be dissolved (Can 1118). Valid marriage that is not consummated can be dissolved (Can 1119). Valid and consummated marriage of 2 non-baptized persons can be dissolved by Pauline Privilege (Can 1120). Petrine Privilege dissolves valid and consummated marriages.

Cohabitation: nuptial and non-nuptial

Nuptial cohabitation: decision to marry is already consciously made. Non-nuptial cohabitation: no decision to marry had been made

Role of Baptism in marriage

Only sacramental marriage was recognized by the Church, and a baptized person could not marry someone who was not baptized. Baptism differentiated Christians and their marriages from all other marriages. Two baptized persons, a man and a woman, administered the sacrament to one another by free consent. Often, a priest witnessed the wedding, but this was not essential to the sacrament of marriage. Church law did not require the presence of a priest. As Christ's union with the Church is indivisible, sacramental marriage between two baptized Christians is indissoluble. This Medieval theology of marriage, as well as church law, did not permit sacramental marriage between a baptized and a non-baptized person.

Mandated requirement

Priest and 2 witnesses

What makes it a marriage?

Roman Empire: Mutual consent creates marriage Northern Europe: First sexual intercourse creates marriage. Which is correct? After a lengthy legal discussion, a compromise is reached in the 12th century. Gratian's Compromise: consent (solemn vows) initiates marriage and first sexual intercourse consummates or completes it. Gratian's Compromise is still Catholic/Christian teaching and upheld by many Western societies.

Short answer about Petrine privilege

Rulings to dissolve a valid marriage [has met all legal requirement of the local culture] made by the Pope are called Petrine Privilege. These cases arose when the Church encountered cultures, religions, and situations, such as polygamy and slave trade. ex: - Pius V, 1561 The polygamist man is to choose the wife who agrees to be baptized and marriages to his unconverted wives are dissolved. - Gregory XIII, 1585 Slave traders separate husband and wife. A separated spouse is baptized and then wants to marry again. Because it is impossible to ask first spouse about living with a Christian, as in the Pauline Privilege, the first marriage may be dissolved.

Sacrament of marriage

Sacrament is based on the biblical notion of "prophetic symbol." A sacrament is an action (not merely an idea or description) that proclaims, represents, reveals something more than what can be seen. A sacrament is a prophetic symbolic action that proclaims, reveals, and celebrates the presence and action of God. The Sacrament of Marriage: The marital life of the couple is the sacrament. It is a two-tiered reality which a) proclaims and reveals the intimate communion of the life and love of the spouses. b) proclaims and reveals the love between God and God's people, between Christ and Christ's Church. - The sacramental relationship between the spouses points to and represents the relationship between God and God's people. - Each partner, in faith and freedom, asks God, Christ, to be part of their marriage and sees God/Christ as their model of love towards each other and toward others. - Spouses do not "receive" the sacrament; they create it. The presider and others witness the couple's vows. - Marriage is not just a wedding; it is a life to be lived in imitation of Jesus the Servant. - It is a sacramental life of discipleship which calls spouses to service beyond themselves and their family; it calls them to neighbor-love. - Marital life is not only about the couple; their discipleship reaches out to their "neighbors", the community and society around them. - A sacramental marital life reveals God's love to their family and community.

Short answer about Pauline privilege

The apostle Paul contributed to the discussion of divorce: I Cor 7:12-15. Two unbaptized spouses. Then, one spouse is been baptized [becomes Christian], becomes a believing Christian; the other spouse remains a non-Christian. If the unbeliever is unwilling to be married to a believer and the unbeliever chooses to leave the believing spouse, the marriage may be dissolved. Pauline Privilege: Peace is the greater value.

Did the Church recognize civil divorce, or not?

The legal or civil dissolution of a valid marriage is typically called a divorce. Dissolution (divorce) according to civil law and according to Church law are similar. The Catholic church does not recognize civil divorce, but it does dissolve marriages.

Cohabitation sequence of events before and after Church changed them.

The only marriage that is indissoluble in the Catholic Church is marriage that is ratified (free consent) as and consummated (first sexual intercourse after consent). In the past, consent could be in future tense (sponsalia or betrothal) or present tense (nuptialia/wedding). First sexual intercourse typically followed betrothal and consummated the marriage. The usual sequence was betrothal, sexual intercourse, fertility, wedding. Trent's Tametsi (16th ct) introduced a new sequence: wedding, marriage, sexual intercourse, fertility. The Hardwicke Act (1753) did the same in England. Well over half of today's couples (including Catholics) in the West have reverted to the pre-Tridentine sequence: cohabitation, sexual intercourse, fertility, wedding.

Short answer about Changes to theology of marriage from Vatican II

The primary end of marriage was the procreation and nurture of children. The secondary end was the spouses' mutual relationship. Primary and Secondary ends of marriage was Catholic teaching for centuries, and was enshrined in the 1917 Code of Canon Law. The Second Vatican Council made dramatic changes to the Catholic theology of marriage. No hierarchy of the ends of marriage. The relationship of the spouses is equally as important as procreation and raising children. Code of Canon Law revised in 1983. Vatican II- Gaudium et Spes: Marriage is an "intimate partnership of life and love" (GS 47). "Covenant" rather than "contract." Spouses mutual gift of themselves rather than bodies for procreation. Marriage is "ordained [designed] for the procreation of children" (GS 48) but 'this does not make the other ends of less account;" marriage "is not instituted solely for procreation" (GS 50).

1983 Code of Canon Law

The theology of marriage laid out by the Second Vatican Council was repeated in the new (1983) Code: The Marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life...ordered to the well-being of the spouses and to the procreation and upbringing of children...has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament."

Short answer about Tametisi

Trent's Tametsi (16th ct) introduced a new sequence: wedding, marriage, sexual intercourse, fertility.

Biblical foundations of our contemporary theology - Sacredness of Marriage:

What made marriage sacred? God's act of creation (not human rites related to marriage). God created 'adam, male and female; together they are 'adam. God saw everything that he made and behold it was good (Gen 1:31). Therefore, sexuality, marriage, and fertility are all good. God's act of creation establishes a covenant between God and 'adam from the beginning.

Are interfaith marriages accepted?

Yes, with dispensation?

Gratian's Compromise

consent (solemn vows) initiates marriage and first sexual intercourse consummates or completes it.

What do Orthodox churches focus on for annulment?

the Orthodox Christian Churches practice is governed by the principle of oikonomia, which is merciful, compassionate, and grace—not law. The Orthodox churches permit the remarriage of the innocent and repentant party.

Can a Catholic marry a non-Catholic?

yes

Does the Catholic Church dissolve marriages?

yes