In the Canon Law of the Catholic Church, a canonical impediment is a legal obstacle that prevents a sacrament from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority (usually the local ordinary) as defined in Canon Law.
Impediments to marriage are classified according to many different criteria.[1]
In regard to their effect on the sacrament,[2] impediments are either diriment, which invalidate an attempted marriage, or prohibitive (or impedient), which make a marriage illicit but valid. The 1983 Code of Canon Law does not contain prohibitive impediments as such.
In regard to their origin, impediments are either from divine law, and so cannot be dispensed, or from ecclesiastical law, and so can be dispensed by the competent Church authority. Under the 1983 Code of Canon Law, ecclesiastical impediments only apply to marriages where one or both of the parties is Catholic. Under the prior 1917 Code, ecclesiastical impediments applied to the marriages of non-Catholic Christians as well, unless specifically exempted. Note that, as clarified by articles 2 and 4 of Dignitas Connubii,[3] the Catholic Church now recognizes the diriment impediments of other (i.e., non-Catholic) Churches and ecclesial communities when their members are parties to a marriage.
Impediments are also classified as follows:
public, which can be proved in the external forum, or occult, which cannot be so proved[4];
absolute, which apply to one party regardless of the other party, or relative, which apply only in relation to certain other parties;
permanent or temporary, according to the duration of the impediment; and
(for ecclesiastical impediments) whether they can be dispensed by the local ordinary under ordinary circumstances, or whether their dispensation is reserved to the Pope[5]
Bold textTEXAS!!
Other factors which invalidate marriage
Lack of form. The couple wishes a sacramental marriage according to the Catholic Church, but would like the ceremony to take place in another Church or Christian ecclesial community or with a minister of another Church or Christian ecclesial community.
Coercion. This impediment exists if one of the parties is pressured by any circumstances to enter into marriage. (In order for the impediment to cease, the situation must change so that the party can marry freely of his or her own will.)
Psychological immaturity or mental incapacity To enter into sacramental marriage, both parties must understand and have the capacity to accept all that it entails.
Refusal to have children One of the goods of marriage is children. A man or woman physically capable of fathering or, respectively, conceiving a child but who intends never to have children may not marry in the Catholic Church.
Intention of fidelity lacking. Fidelity of each party to the other is a good of marriage. If this intent is lacking in either party, the couple may not marry in the Catholic Church.
Civil Law. The Church recognizes the restrictions of civil law on marriage. If one of the parties is younger than the legal age for marriage according to civil law, the marriage may not take place in the Catholic Church.
Impediments to ordination to the Priesthood
Impediments to the priesthood are divided into "irregularities", which are permanent unless removed by the competent authority and "simple impediments" which may pass with time without action of an ecclesiastical authority. Canon Law also lists various impediments to the exercise of a priesthood that has already been conferred. The bishop can remove most irregularities and simple impediments, except for those involving public apostasy, heresy, or schism; abortion or murder, even if in secret; and existing marriages. Irregularities that cannot be removed by the bishop can be removed by the Holy See.
Irregularities
Mental illness that prevents fulfillment of the duties of the priesthood.[6]
Physical incapacity to perform the rites of the Church. A priest must have his hands to celebrate the sacraments. He must also be able to ingest the wheat host and the wine. (A complete gluten intolerance, for example, is an impediment).[7]
Apostasy, heresy or schism. Previous rejection of the faith which was public and notorious is an impediment.[8]
Attempted Marriage. The attempt to marry despite an existing valid marriage or vow of chastity, or the marriage to a woman who had an existing valid marriage or vow of chastity forms an irregularity even after the death of the spouse.[9]
Participation in an abortion or murder. Any prior act, statement, financial or moral support which contributed positively to a specific case of successful abortion or murder is an impediment. This could include driving a woman to the abortion clinic or paying for her abortion. Paying taxes to a state that funds abortions would generally not be considered a "positive" contribution to the abortion.[10]
Attempted suicide, self mutilation, or mutilation of others. Any premeditated attempt at suicide disqualifies one as a candidate for ordination. The act of mutilation must be performed "graviter et dolose" in order for it to be an impediment (cutting off a hand or foot, castration, etc.) (Can. 1041, 5°
Attempt to perform an act proper to the priesthood or episcopate. This applies to hearing acts such as hearing confessions, presiding at marriages, etc. when one has not received the proper ordination to do so.[11]
Simple impediments to ordination
Previous marriage. This applies to Latin Rite priests and bishops and Eastern Catholic bishops only. All previous marriages must be declared null, or the spouse must have died. In the case of a deceased spouse, most bishops require that the children be raised to adulthood before the man can undertake a vocation to the priesthood.[12]
Political office or other positions that a priest is not permitted to occupy. This impediment disappears as soon as the candidate is no longer in office.[13]
Recent baptism. The bishop must determine when a newly baptized person is sufficiently mature in his faith to undertake an ordained ministry in the Church.[14]
Irregularities to the exercise of the priesthood
Reception of ordination with an irregularity. If the irregularity is not brought to the bishop's attention before ordination, a priest might be ordained who has an irregularity. Such a priest cannot exercise his ministry until the irregularity is removed.[15]
Apostasy, heresy or schism that occurs after ordination, if this act is publicly known.[16]
Commission of acts that would have led to an irregularity.[17]
Simple impediments to the exercise of the priesthood
Reception of ordination with a simple impediment.[18]
Physical or mental illness that prevents fulfillment of the duties of the priesthood, until the bishop determines that the priest may resume the exercise of his ministry.[19]
Dignitas Connubii (Instruction to be Observed by Diocesan and Interdiocesan Tribunals in Handling Causes of the Nullity of Marriage), Pontifical Council for Legislative Texts, Libreria Editrice Vaticana, 2005. ISBN 88-209-7681-1.
New Commentary on the Code of Canon Law, ed. by John P. Beal, James A. Coriden, and Thomas J. Green, Paulist Press, 2000. ISBN 0-8091-0502-0 (hardback). ISBN 0-8091-4066-7 (paperback, 2002).
Code of Canon Law Annotated, ed. by Ernest Caparros, Michel Thériault, and Jean Thorn, 2004. ISBN 2-89127-629-9 (Wilson & Lafleur). ISBN 1-890177-44-X (Midwest Theological Forum).
The Canon Law of Marriage and the Family, by John McAreavey, Four Courts Press, 1997. ISBN 1-85182-356-5.
The Invalid Marriage, by Lawrence G. Wrenn, Canon Law Society of America, 1998. ISBN 0-943616-78-6.
Canon Law: A Text and Commentary, by T. Lincoln Bouscaren and Adam C. Ellis, Bruce Publishing Company, four editions. Deals with the 1917 Code of Canon Law.
↑ Note: In the following, canonical references to the 1983 Code of Canon Law are denoted by "CIC", canonical references to the 1917 Code of Canon Law are denoted by "1917 CIC", and canonical references to the 1990 Code of Canon Law for the Eastern Churches are denoted by "CCEO".
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