Canon Lawyer Pete Vere has an excellent article on the evolution of the Church’s understanding of marriage from both a canon law and theological perspective.
This also reminds me how more states are offering a Covenant Marriage as an option. When a couple opts for the "covenant" marriage, they agree to waive their right to the no-fault divorce. In the event that the marriage does fall apart, only adultery, abuse, abandonment or a lengthy separation will allow a divorce to take place. Strangely they refer to a marriage which can end in a no-fault divorce as a "traditional" marriage.
I would love to be a state employee that issues marriage licenses in these states. I don’t think I would last very long before being fired though. Especially since when a couple asks for a licence for a "traditional" marriage I would have to reply "do you want fries with that?"
6 comments
How long do you think ’till we see a legal challenge demanding “gay covenant marriage”?
Now, here’s a question: I have heard of this “covenant marriage” idea before and love it. In states where this is a legal option, can the states’ bishops’ conference require all Catholic marriages be performed under a “covenant marriage license” rather than the usual kind of license? After all, the covenant license is much closer to the true Catholic understanding of marriage… If such a policy could ever be implemented, it could have a major impact on Catholic divorce rates.
Margaret, the bishops in these states have for the most part reserved judgment on covenant marriages because while they are an improvement, they still do not meet the standard of the Catholic definition of marriage. Additionally, they are not enforceable across state lines from what I understand. That being said, I know at least prominent canonist who, backed up by his bishop, proposed a Catholic marriage license whereby the couple could agree to legal separation, but not divorce without first obtaining a declaration of nullity.
That’s a neat idea. Would it require the state to do anything, or would it be like a private contract? I’m not a lawyer, so I’m ignorant of these matters and how it could possibly work.
The Church could then demand this of any couple who wishes to get married in the Church.
Billy, technically this is that to which the couple are already agreeing. Nevertheless, the Church has no way of enforcing it in America.
Mmm … fries.