Moral Theology. Charles J. Callan
reserved to the Ordinary (see Canon 2319). Example: Titus sends his daughter to a sectarian academy because it is nearer and cheaper than the Catholic academy. He claims that she is old enough not to lose her religion, that opposition will make her faith stronger, etc. Titus' arguments are fallacious and his conduct gravely sinful.
(b) Attendance at non-Catholic schools is unlawful, if the schools are neutral in theory, but so dangerous in practice that loss of faith is practically certain if one attends. Example: Balbus sends his son to an undenominational university which is regarded as a hotbed of atheism, and whose students practically to a man lose all religion.
872. Absolution should be denied in some cases to those who send their children to non-Catholic schools, if they refuse to change.
(a) Absolution should be denied on account of lack of faith in the parents themselves, if they send their children to non-Catholic schools on account of their own ideas that are contrary to the teachings of the Church. Example: Sempronius refuses to send his children to parochial schools, because he thinks each one should judge about religion for himself, and not receive it from instructors.
(b) Absolution should be denied on account of the danger caused to the faith of the children, when the children are sent to sectarian schools, or when they are sent to neutral schools and sufficient efforts are not used to counteract the evil influence there felt.
(c) Absolution should be refused on account of scandal or coöperation in evil, if, while the parents themselves are sound in faith and prevent all danger of perversion of their children, they send them to non-Catholic schools without sufficient reason, to the grave disedification of others, or the great assistance of unchristian education.
873. Absolution should not be denied in the following cases: (a) when the parents have a sufficient reason for sending their children to non-Catholic schools (i.e., a reason approved by the local Ordinary as sufficient). It belongs only to the Ordinary to decide in what circumstances and with what precautions attendance at such schools is allowable (Canon 1374; for application to the United States, see Holy Office, 24 Nov., 1875; Council of Baltimore, III, n. 199, in regard to elementary and high schools. As to colleges and universities, see S.C.Prop.Fid., 7 Apr., 1860; Fontes, n. 4649, Vol VII, p. 381; n.4868, Vol. VII, p.405; also S.C.Prop.Fid., 6 Aug., 1867); (b) when the parents have no sufficient reason, but there is no lack of faith on their part, no danger of perversion of the children, no grave scandal or sinful co-operation in evil.
874. The presence of Catholics as teachers in non-Catholic schools is beneficial, since it lessens to some extent the evil influence of such schools; but there is also the danger that it may cause scandal or create the impression that attendance at Catholic schools is not necessary. Hence, it has been permitted by the Church in certain cases but only when danger of scandal or wrong impression is absent. (a) The secular sciences may be taught by laymen in non-Catholic schools of higher or lower education, if there is no scandal, no unlawful coöperation, and no immediate danger of perversion. (b) Christian doctrine may be taught by priests to Catholic students of neutral schools, either in the school building or elsewhere (as in a church), and certain priests may be appointed as chaplains for this work (Sacred Congregation of the Holy Office to Bishops of Switzerland, March 26, 1866).
875. Dangerous Marriages.—The following kinds of marriage are dangerous to the faith of Catholics: (a) marriage with non-Catholics, unbaptized or bigoted persons (mixed marriages); (b) marriage with fallen-away Catholics (that is, with those who have given up the Catholic religion, although they have not joined another), or with those who belong to societies forbidden by the Church.
876. The danger to faith in the aforesaid kinds of marriage are serious and proximate, and hence such unions are forbidden by divine law, as long as the danger is not removed or made remote through the use of precautions. The dangers are for the Catholic party and the children.
(a) The Catholic party is in serious danger of losing the faith (i.e., of joining the religion or sharing the ideas of the other party), or of doubting the truth of the Church, or of taking refuge in Indifferentism. For, if domestic life is peaceful, the Catholic may easily be led in time to regard with favor the other party's religion or views; if it is not peaceful, the Catholic through fear or annoyance may make compromises or sacrifices in matters of faith, or else suffer temptations that could have been avoided.
(b) The children born are in serious danger of being deprived of the faith (i.e., of not being brought up as Catholics), or of having their faith weakened by the example of parents who do not agree in the matter of religion. If the non-Catholic or fallen-away Catholic interferes with the religion of the children, their baptism, religious education, attendance at church, etc., will be forbidden or impeded; if that party does not interfere, there will be at least the example during impressionable years of one parent who does not accept the Catholic faith or who disregards its requirements. Statistics indicate that one of the chief sources of leakage in the Church today is mixed marriages.
877. Dangerous marriages are also forbidden by the law of the Church. (a) Lack of baptism in the non-Catholic party causes the diriment impediment of disparity of worship (Canon 1070); (b) membership of the non-Catholic party in an heretical or schismatical sect causes the prohibitive impediment of mixed religion (Canon 1060); (c) unworthiness of one of the parties, on account of notorious apostasy or affiliation with forbidden societies (see 945 sqq.), prevents the pastor from assisting at the marriage without permission from the Ordinary (Canon 1065).
878. No one may enter into any of the dangerous marriages here considered, unless the requirements of the natural and ecclesiastical laws be complied with. (a) The natural law requires under pain of grave sin that the danger of perversion be removed, that no non-Catholic ceremony take place, and that the Catholic spouse work prudently for the conversion of the other party. (b) The ecclesiastical law requires under grave sin that guarantees be given that the requirements of the natural law shall be fulfilled (Canons 1061, 1071); that there be grave and urgent reasons for the marriage (ibid.); that dispensations from the impediments be obtained, or permission, in the case of unworthiness of one of the parties, to assist at the marriage be granted by the Ordinary (Canons 1036, 1065).
879. The canonical consequences of dangerous marriages illegally contracted are as follows: (a) Those who knowingly contract a mixed marriage without dispensation are ipso facto excluded from legitimate ecclesiastical acts, (e.g., the office of godparent), and from the use of sacramentals, until a dispensation has been obtained from the Ordinary (Canon 2375). Marriage contracted with the impediment of disparity of worship is invalid, whether the parties are in ignorance or not (Canon 1070, §16). (b) Catholics who enter into marriage before a non-Catholic minister acting in a religious capacity or who contract marriage with the implicit or explicit understanding that any or all of the children will be educated outside the Church incur excommunication latæ sententiæ reserved to the Ordinary (Canon 2319).
880. The prenuptial guarantees required by church law in case of mixed or other dangerous marriages are as follows: (a) According to the Code, no dispensation for mixed marriages will be granted unless the non-Catholic party gives a guarantee that the danger of perversion for the Catholic party shall be removed, and both parties promise that all the children shall be baptized and brought up only in the Catholic faith. There must be moral certainty that the promises will be kept, and as a rule they should be demanded in writing (Canons 1061, 1071). The permission for marriage with fallen-away Catholics is not granted until the Ordinary has satisfied himself that the danger to the Catholic and the children has been removed (Canon 1065, §2). (b) The pre-Code legislation further required that both parties promise that there would be no non-Catholic ceremony and that the Catholic promise to work for the conversion of the other party. Canons 1062–1063 speak of these obligations, but do not exact promises.
881. Remedies against mixed and other dangerous marriages are the following: (a) Before engagement Catholics should be instructed and encouraged to marry those of their own faith. Thus, confessors can discourage company-keeping with non-Catholics, parents can provide their children with opportunities for meeting suitable Catholics, and, above all, pastors should frequently speak and preach to old and young on the evils of mixed marriages. (b) After engagement to a non-Catholic has been made, the non-Catholic should be persuaded to accept the Catholic religion, if