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Civil Contract, Church and State
Promises made by couples in their marriage vows constitute a binding contract. Couples can also bind themselves to follow a prenuptial agreement specifying the terms to be followed if the couple separates. Those who marry as the Catholic Church understands marriage, agree prior to marriage, that they will bind themselves to follow the laws of their church (canon law) regarding marriage, separation and divorce. It is allowable, by civil law, to marry in conformity with the rules of one's church. People often designate terms of contracts which bind them to follow rule-books besides civil law, such as electric code, university student handbook rules, and arbitration rules. It is allowable to civilly bind oneself to religious code too.
Federal and State legislatures are restricted from making laws prohibiting the free exercise of religion. According to authoritative church teaching, those who choose Roman Catholic Marriage, may not hand over their marital contract to the power and will of the rulers of the State. According to the government's Bill of Rights, legislatures are forbidden from prohibiting people to freely exercise of their religion; for many, the terms of the marriage contract are specified by their chosen religion. If the state requires that everyone register marriages with the County Recorder, the state legislators can't force Catholic citizens to accept an entirely anti-Catholic set of terms for marriage contracts - binding parties to routine, no-fault divorce. The Catholic Marriage contract explicitly omits no-fault divorce and specifies grounds for separation while the marriage bond remains, and designates a third party arbitrator. The marriage bond remains for life. (See Divorce, Terms of Marriage in left menu) Mary's Advocates invites everyone who chooses True Serious Religious Marriage to bind themselves in writing, with a prenuptial agreement, to follow the rules of their church regarding separation, divorce, upbringing of children and support. |
Authoritative Sources Cited
The Bar Association of one sample state, writes that the promises made by couples in their marriage vows constitute a binding contract. ( Ohio, The Law & You - Chapter 10 - Family Law, pg. See page 132 & 153 242Kb )The U.S. Constitution requires that, congress shall make no law prohibiting the free exercise of religion" See First Amendment in the Bill of Rights
The civil law in that same state, specifies that any religious society in conformity with the rules of it's church, may join together as husband and wife any persons who are not prohibited by law from being joined in marriage. For Roman Catholics, the husband and wife solemnize the vows and the priest is a witness. See Ohio RC 3101.08
The Apostolic See (Vatican) establishes the language used in the wedding vows for those who choose True Catholic Marriage. During their marital investigation and preparation (prenuptial agreement), and at just before they exchange vows and during their vows, the couple consents to specific terms. These agreements are predetermined and the verbal contract is unchangeable. See Rite of Marriage, exact language of promise. The couple also specifies the rules they will follow regarding the upbringing of children, and they do not mention the laws of their respective state. The specify the laws of Christ and His Church which is the Roman Catholic Church for those who marrying in this Church. See Marriage Rite, accept children in accordance with laws of Church.
Encyclical Letter, Arcanum, to which those who have Catholic Marriages are bound to obey, specifies that the power over marriage can't be transferred to the civil court and the sacramental bond can't be severed from the marriage contract. See Encyclical Letter, Arcanum.
Constitutional Law Professor cites practice when two parties in a contract obligate themselves to follow a third party's rules. Those agreeing to a contract can name a third party arbitrator to determine settlement in the case of any dispute; and the decision of the third party arbitrator is enforced by civil courts. It is allowable to designate a religious entity as the third party arbitrator. Failure of the courts to recognize the arbitration rights of the Catholic Church not only violates the understanding parties had before entering marriage, it necessarily entangles this court in issues relating to Catholic law, teaching, faith and belief. See first Jurisdiction Challenge, entangles. Professor Safranek wrote a simply reply to a peer who was concerned about the separation of church and state. See Let Freedom Reign
Catholic Diocese Chancellor's affidavit submitted to civil court describes the pre-marital agreement to abide by the Roman Catholic Code of Canon law. Canons 1151-1155 and 1692 specify the grounds and prodedures for separation. See Conclusion of Affidavit.
Canon Law Annotated. Those who choose Catholic Marriage limit their own options for separation or divorce, and specify the criterion under which they will approach the civil court. They will request the canonical authorization as a necessary precaution, to prevent civil court judgments for their families which violate divine law. See preventing civil court judgement that violate divine law. canon 1692.
Vatican Recommended Exegetical Commentary on Canon Law and Annotations Favorite Excerpts from two volumes explain relationship between Catholic Marriage, Separation and Civil Divorce. See webpage or pdf.
