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4 nov 2022

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E. Peters, wbp

Sine matrimonio nullum Matrimonium

Overview

Without (natural) marriage there is no (sacrament of) Matrimony. The unraveling of the natural institution of marriage as a life-long union between one man and one woman oriented to the begetting and raising of children portends a crisis over the sacrament of Matrimony among Christians as well. At present at least three areas of controversy have manifested themselves: confusion about the natural foundation of sacramental marriage; the rise of 'same-sex marriage' in the State; and, the administration of sacraments, especially the Eucharist, to Catholics living in open contradiction of Church teaching on marriage and Matrimony.

Law

1983 CIC 1055. § 1. Matrimoniale foedus, quo vir et mulier inter se totius vitae consortium constituunt, indole sua naturali ad bonum coniugum atque ad prolis generationem et educationem ordinatum, a Christo Domino ad sacramenti dignitatem inter baptizatos evectum est. § 2. Quare inter baptizatos nequit matrimonialis contractus validus consistere, quin sit eo ipso sacramentum.

Eng. trans. 1983 CIC 1055. § 1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized. § 2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

My writings

General discussions of marriage and Matrimony.

• Peters' Blog, 08 jan 2015, here. ▪ Sine matrimonio nullum Matrimonium. > 'Same-sex marriage'. Canon 1055. Lynch. Chase.

'Same-sex marriage'.

Note: Although some discussion of 'same-sex marriage' appears in my writings listed both on this page an at =, among the most salient of those discussions are the following.

• Peters' Blog, 16 feb 2018, here. ▪ Bermuda prudently recognizes "domestic partnerships" but not ‘same-sex marriage’. > Civil union. CDF 2003 declaration. A Man for All Seasons. Thomas More.

• Peters' Blog, 20 sep 2017, here. ▪ Australian Catholics may give only one correct answer to whether that nation should legalize 'same-sex marriage'. > Australia. CCC 1915. CCC 2238. Canon 227. Canon 209. Canon 1055. Canon 749. Canon 1371=. Canon 750. Canon 1364=. Canon 1369=. Canon 1389=. Voting.

• Peters' Blog, 13 sep 2017, here. ▪ 'Same-sex marriage' and ‘same-sex unions’ are distinguishable matters, the former always demanding rejection, the latter admitting of acceptance or rejection based on circumstances. > Francis. Civil union. CDF. Infallibility. Marriage.

• Peters' Blog, 07 sep 2015, here. ▪ Refusal to cooperate with 'same-sex marriage' does not imply one must refuse cooperation with civil divorce and remarriage. > Canon 1055. Davis. Kentucky. Marriage. CCC 2383. Canon 1151. Pauline Privilege. Matthew XIII. Infallibility.

• Peters' Blog, 05 sep 2015, here. ▪ The Supreme Court has falsely imposed on marriage the possibility that two people of the same sex may enter it. > Canon 1055. 'Same-sex marriage'. Obergefell. Davis. Barney. Marriage. Reno.

• Peters' Blog, 02 jul 2015, here. ▪ Catholic justices who approved Obergefell are probably not liable to excommunication for it. > Canon 1055. 'Same-sex marriage'. Canon 1331=. Canon 750. Canon 1371=. Canon 1369. Scalia. Canon 751. Heresy. Automatic penalty.

• Peters' Blog, 29 jun 2015, here. ▪ That Justice Scalia can be so limited in his understanding of the role of law in society is cause for alarm. > Obergefell. 'Same-sex marriage'. Canon 750. Canon 209. Sentire cum Ecclesia.

• Peters' Blog, 26 jun 2015 (1), here. ▪ Catholics can never recognize as married two persons of the same sex regardless of what the US Supreme Court says. > 'Same-sex marriage'. Canon 1055. Marriage. Scalia. Canon 750. Infallibility. Obergefell.

• Peters' Blog, 24 may 2015, here. ▪ The Irish referendum on marriage was a sudden and terrible loss. > 'Same-sex marriage'. Matrimony. Sin. Infallibility. Confession.

• Peters' Blog, 23 mar 2015, here. ▪ Gov O'Malley wrongly uses labels instead of arguments to advance his views. > 'Same-sex marriage'. Maryland.

• Peters' Blog, 25 oct 2014, here. ▪ It is senseless for a bishop to talk about about 'sacramental same-sex-unions' because they can never be "marriage" in the first place. > Lynch. Marriage. Matrimony. Same-sex union. Sine matrimonio. Infallibility.

• Peters' Blog, 20 oct 2014, here. ▪ Notre Dame has confused "legally married" with 'same-sex spouse'. Canon 1055. ssmm. Canon 209.

• Peters' Blog, 14 oct 2014 (2), here. ▪ Relatio post disceptationem 51, asserting that same-sex unions are not on the same footing as marriage, is so platitudinistic as to be alarming. > Canon 1055. 'Same-sex marriage'. Synod. Marriage. Infallibility.

• Peters' Blog, 27 mar 2013, here. ▪ A primer on Church teaching regarding ssmm; CDF's Considerations confused same-sex union with ssmm. > Canon 1055. Infallibility.

• Peters' Blog, 21 nov 2008 (1), here. Noting that, in a rare medieval mention of the topic, Hostiensis expressly ejects marriage attempted between two persons of the same sex. > Canon 1055. 'Same-sex marriage'. Decretal Law.

Divorce-and-civil-remarriage among Catholics.

Ex auctoribus

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Materials on this website represent the opinions of Dr. Edward Peters and are offered in accord with Canon 212 § 3.

This website undergoes continual refinement and development. No warranty of completeness or correctness is made.

Dr. Peters' views are not necessarily shared by others in the field nor are they intended as canonical or civil advice.