Civil marriage and the Sacrament of Marriage in the Catholic Church

Civil marriage and the Sacrament of marriage in the Catholic Church

The debate taking place across our nation and in the Supreme Court regarding the understanding of civil marriage has also drawn the attention and concern of Catholics. I think this debate is a clear example of the problems that surface when civil and religious issues are intertwined, when we don't apply the distinction between Church and State.

The reality is that long before the Catholic Church declared it a sacrament, people were committing themselves to marriage in civil ceremonies for hundreds of years. Even though the Catholic Church teaches that marriage is one of the seven sacraments instituted by Jesus Christ, it is clear from the history of the Church that this sacrament actually developed over hundreds of years, as did many of the other sacraments. In fact, the very understanding of what constitutes a sacrament in the Catholic Church developed over centuries. The designation of the present seven sacraments did not become official in Church teaching until the 12^th century.

I mention this development in this context because it suggests a way to clarify what is taking place in the national discussion at present. It is a debate about what constitutes civil marriage and who has a right to be considered married civilly. The debate is not about the Catholic sacrament of marriage. These are two quite distinct realities that unfortunately bear the same name, marriage. For a couple to be married civilly, what is required is that they prove that they are old enough, not presently married, acquire a civil marriage license and have their civil marriage promises accepted by someone approved by the government to do so, normally a justice of the peace. In essence, the civil government is in the business of granting civil contracts to couples under the name of marriage. These contracts assure both participants have legal rights and obligations in civil society. These contracts can also be dissolved by civil divorce.

People who are involved in sacramental marriage in the Catholic Church know that there is much more involved and a clear process for a man and woman entering such a marriage. They need to be free to marry in the Catholic Church, they need to promise to follow the teaching of the Catholic Church regarding the sacrament, they need to sign Catholic Church documents to that effect and they need to be married in the presence of a Catholic minister- deacon, priest or bishop, normally after taking part in some form of Catholic marriage preparation. They also must obtain a civil marriage license to assure that the marriage is accepted by the local government. Unless couples go through this process, their marriage will not be understood in the Catholic Church as a sacramental marriage. Couples entering into such sacramental marriages understand that their marriage is intended for life. The only way to dissolve such a marriage is through an annulment process that determines that a sacramental marriage never took place. They also understand that their marriage is rooted in their faith in Jesus Christ and in his teaching in the Catholic Church. Catholics who purchase a civil marriage license and have a justice of the peace witness the marriage are not celebrating and entering into a sacramental marriage.

With these differences in mind, it is clear that the debate taking place now over who can marry will not affect who can celebrate the sacrament of marriage in the Catholic Church. What it will do is determine who can enter into a civil marriage. If the Government or the Supreme Court decides that two men or two women can contract a civil marriage, that is all that will change. The Catholic Church and any other churches, Christian or otherwise, can still maintain their understanding and their regulations for marriage in their churches, synagogues, etc.

Perhaps it would be clearer if the civil government would simply refer to civil marriage as a binding contract between two persons. However, this can be a wonderful teaching moment for Catholics and other religious group. We can explain very clearly what is our understanding of marriage, sacramental for Catholics, with its spiritual and religious meaning in the Church. At the same time, we can allow civil governments to do what they judge is in the best interests of all people,including those with no religious affiliation. We simply need to make clear that the separation of Church and State applies. The State is not telling the Church what to do and the Church is not telling the State what to do.        April 2, 2013