Marriage of Catholics with Baptized Non-Catholic Orientals (22 February 1967)

A decree of the S. C. for the Oriental Church, Crescens matrimoniorum, entitled: "On Mixed Marriages between Catholics and Baptized Non-Catholic Orientals."

The growing frequency of mixed marriages between Oriental Catholics and Oriental Christians who are not Catholics, in the Oriental Patriarchates and Eparchies, and also in the Latin dioceses, and the necessity of meeting the difficulties arising therefrom, were the reason why the Second Council of the Vatican decreed: "When Catholic Orientals contract marriage with Oriental non-Catholics, the canonical form of marriage for those marriages is of obligation only for licitness. For their validity, the presence of a sacred minister is sufficient, as long as the other requirements of law are observed" (Decree Orientalium Ecclesiarum, on Oriental Catholic Churches,[i] n. 18).

But since today mixed marriages are contracted also by Catholics of the Latin rite with Christian non-Catholic Orientals, and the diversity of canonical discipline is causing many grave difficulties in both the East and the West, petitions from various sources have come to the Supreme Pontiff asking him to establish one single discipline in this matter, thus permitting also for Catholics of the Latin rite what was already established for Catholics of the Oriental rite.

Our Holy Father Paul VI by divine Providence Pope, after mature reflection and careful investigation, decided to grant these requests and graciously permits that everywhere on earth, in order to prevent invalid marriages between faithful of the Latin rite and faithful Christian non-Catholics of the Oriental rite, in order to provide for the firmness and holiness of marriage, and to encourage charity more and more between faithful Catholics and faithful Oriental non-Catholics, whenever Catholics, either Oriental or Latin, contract marriages with faithful

non-Catholic Orientals, the canonical form of celebration for these marriages is of obligation only for licitness; for validity, the presence of a sacred minister is sufficient; observing the other requirements of law.

These marriages must be carefully registered in the prescribed books as soon as possible under the vigilance of the pastors; and this applies also when Oriental Catholics contract marriage with baptized non-Catholic Orientals, according to the conciliar decree Orientalium Ecclesiarum, on Oriental Catholic Churches, n. 18.

For the sake of the sanctity of marriage, non-Catholic ministers too are reverently and earnestly requested to lend their mutual cooperation to see that marriages are recorded in the registers of the Catholic party of the Latin or Oriental rite.

The local Ordinaries who grant dispensations from the impediment of mixed religion are likewise empowered to dispense from the obligation of observing the canonical form ad liceitatem if there are difficulties which in their prudent judgment require it.

The Supreme Pontiff ordered the S. C. for the Oriental Church, of which he is himself the head, to make known to every one this supreme deliberation and concession; wherefore this Sacred Congregation, after consulting also the S. C. for the Doctrine of the Faith, has prepared this decree, by order of His Holiness, for publication in the Acta Apostolicae Sedis.

In order that this new provision may in the meantime come to the notice of all interested parties of every Catholic or Orthodox rite, this decree will go into effect on 25 March, 1967, feast of the Annunciation of the Blessed Virgin Mary.

All things to the contrary notwithstanding.

Given at Rome, from the office of the S. C. for the Oriental Church, on the 22nd day of February, feast of the Chair of St. Peter the Apostle, in the year 1967.

AAS 59-165; S. C. Eccl. Or., 22 Feb., 1967. Annotations in Furrow, 19 (1968) -94- 97 (Hu rley); Periodica., 56 (1967)-505-517 (Pujol).

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Marriage: Mixed: dispensation from all impediments is reserved to Holy See when required conditions cannot be observed. See c. 329, IX, 16; AAS 58-469.

Mixed: dispensation from canonical form. See c. 1094; S. C. Doct. Fix., 5 Nov., 1966.

Canon Law Digest volume 6
Marriage with Orientals, page 605-606
Bouscaren, O'Connor, Editors.



[i] Reported above, pp 7-19