Preface Page 2

1) The Catholic Church considers marriage to be both a covenant and a contract. The word "covenant" has a broad meaning in sacred scripture. 

The Catholic Church and most Christians contend that every person is in relationship with God.  ("Before I formed you in the womb I knew you, and before you were born I consecrated you..." Jeremiah 1:5 NRSV)  In addition, the Catholic Church holds that all baptized Christians (Catholic and non-Catholic) are in a special relationship with God because they have entered into a salvific covenant in, with, and through Jesus Christ.  Over the past two millennia, the Church has come to understand that each of us is constantly growing and developing in this divine relationship.

With this in mind, the Church contends that our  internal understanding of our divine relationship is to be reflected externally to another human being in the covenant of marriage.  Stated differently, the Catechism of the Catholic Church (#1604) declares, "...since God created him man and woman, their mutual love becomes an image of the absolute and unfailing love with which God loves man..."2

2) The Church views the "ministers" of the Sacrament of Matrimony to be the baptized man and the baptized woman.3  (Throughout the Catholic Church, the ordained Catholic deacon, priest, bishop or other designated person whom the bishop appoints4 is considered to be the

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"official witness" for the Church.  In the United States of America, the ordained Catholic deacon, priest or bishop is the "official witness" for the Church and for the State.5)

With this concept clearly in mind that the "ministers" in a sacramental marriage are the baptized man and the baptized woman, it is important to state clearly the position of the Church:  the Catholic Church contends that the sacramentality of marriage flows from the presence of Christ in the baptized. Recognizing that not all people are baptized in, with and through Jesus Christ, it comes as no surprise that the Church does not recognize all marriages as being sacraments.6

3)  The Law of the Catholic Church always favors the marriage between one man and one woman as being valid.7

With these issues clearly in mind, let us ponder the Church's rationale for requiring that all marriages receive a Declaration of Invalidity before a civilly divorced person can celebrate the Catholic Sacrament of Matrimony.  Since the Church contends that every human being is in a relationship with God, when a person freely gives his/her consent in matrimony, the Church honors his/her words (external reality) to be a reflection of the relationship that he/she has with God (internal reality).  Stated differently, his and her words of consent (oath) touch upon the person's sacred relationship with God.  Although the civil courts my rule that the spouses are divorced,8 the Church continues to re-

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2Catechism of the Catholic Church.  English translation for the United States of America prepared by the United States Catholic Conference, Inc., Vatican City, Vatican:  Libreria Editrice Vaticana, 2000, p.401.
3Edward Schillebeeckx and Walter Kasper have defined a "sacrament" to be "an encounter with Christ."  The Catholic Church has elevated seven encounters with Christ to the dignity of being ritualized Sacraments:  Baptism, Confirmation, Eucharist, Reconciliation, Matrimony, Holy Orders and Anointing of the Sick.
4In the State of Alaska, with the shortage of deacons and priests, at least one bishop has gained permission to appoint trained lay persons to officiate at designated Sacraments.  In addition, Bishop James Gould, S.J., gained this same permission in the Marshall Islands.
5In many countries other than the United States of America, the ordained Catholic deacon, priest, bishop or other designated person whom the bishop appoints is only authorized to be the official witness for the Church.  In these countries, a man and woman must give their consent in marriage before an authorized civil authority (usually a separate ceremony) in order to have their marriage recognized by the State.
6If consent is given in a marriage in which one or both persons have never received Baptism, then the Church does not consider that marriage to be a sacrament; rather, the marriage is considered by the Church to be a valid natural marriage.  (This becomes more complicated if a baptized Catholic Christian gives consent in marriage with a non-baptized person in the Catholic Sacrament of Matrimony.  Here, the Catholic person can receive the Sacrament of Matrimony after having received the proper dispensation from the bishop; yet, their marriage is not considered to be a sacrament by the Church.  Rather, this marriage would be recognized to be a valid natural marriage.)
7Code of Canon Law (see Glossary - "Canon Law"), Canon 1060
Because the Church law favors the marriage between a man and a woman as being valid, the details of what (if any) faith group the person claims, where the wedding took place and who officiated at the ceremony are not of great importance.  However, if you are a Catholic Christian and want to participate in the Sacramental life of the Church, these details are very important.  See also footnote 9.
8Throughout this booklet, the word "divorce" refers to the contractual aspect of a marriage being nullified by a civil authority.

The Catholic Process of Annulment