Ne Temere Decree is it still in effect?

[Tyndale]

Ne Temere is a Roman Catholic law that allows mixed marriages but they must be conducted in a Roman Catholic Church and performed by a Roman Catholic priest. The Roman Catholic partner has to promise to bring the children up Roman Catholic and the non-Roman Catholic partner has no say over the faith of their children or the spouse.

There have been many reported incidents all over the world where community relations between Roman Catholics and non-Catholics have been damaged purely because of this decree. The Ne Temere decree is said to be partly responsible for the massive drop in the Protestant population in the Republic of Ireland and in certain areas the Protestant faith has been wiped out in one generation.

Is this decree still in effect?

and

Do you think marrying somone with a different faith is fine?

 

[Sphinx777]

Ne Temere (literally meaning "not rashly" in Latin) was a decree (named for its opening words) of the Roman Catholic Congregation of the Council regulating the canon law of the Church about marriage for Roman Catholics (in the sense all persons who had been baptized into, or made a profession of faith in, the Catholic Church). To the clandestinity requirements of the decree Tametsi of the Counter-Reformation Council of Trent, it reiterated the requirements that the marriage be witnessed by a priest and two other witnesses (adding that this requirement was now universal), added requirements that the priest (or bishop) being witness to the marriage must be the pastor of the parish (or the bishop of the diocese), or be the delegate of one of those, the marriage being invalid otherwise, and the marriage of a couple, neither one resident in the parish (or diocese), while valid, was illicit. It also required that marriages be registered and provided some instances in which the priest was not required.

It explicitly laid out that non-Catholics, including baptized ones, were not bound by Catholic canon law for marriage, and therefore could contract valid and binding marriages without compliance.

The decree was issued under pope Pius X, 10 August 1907, and took effect on Easter 19 April 1908. This decree was voided for marriages in Germany by the subsequent decree Provida.

The result made official civil marriages difficult for lapsed Catholics in some Church-dominated nations. It also meant that, because a priest could refuse to perform mixed marriages between Roman Catholics and non-Roman Catholics, he could impose conditions such as an obligation for any children to be baptised and brought up as Catholics, and for the non-Catholic partners to submit to religious education with the aim of converting them to Catholicism.

The issue of the Roman Catholic Church declaring marriages invalid which were recognised as valid by the State raised major political and judicial issues in Canada, especially Quebec, and in Australia. In New South Wales, the legislature came within one vote of making a criminal offence the promulgation of the decree.

The use of the decree to extract commitments in mixed marriages led to enforcement in Republic of Ireland courts such as the Tilson v. Tilson judgement where Judge Gavan Duffy said:

"In my opinion, an order of the court designed to secure the fulfilment of an agreement peremptorily required before a mixed marriage by the Church, whose special position in Ireland is officially recognised as the guardian of the faith of the Catholic spouse, cannot be withheld on any ground of public policy by the very State which pays homage to that Church." Irish Law Times Report LXXXVI 1952, pages 49-73

A similar dispute led to the Fethard-on-Sea incident. The New Ulster Movement publication "Two Irelands or one?" in 1972 contained the following recommendation regarding any future United Ireland:

"The removal of the protection of the courts, granted since the Tilson judgement of 1950, to the Ne temere decree of the Roman Catholic Church. This decree which requires the partners in a mixed marriage to promise that all the children of their marriage be brought up as Roman Catholics, is the internal rule of one particular Church. For State organs to support it is, therefore, discriminatory."

Ne Temere was replaced in 1970 with the more relaxed Matrimonia Mixta.

 

[E.C.]

http://en.wikipedia.org/wiki/Ne_Temere
Ne Temere was replaced in 1970 with the more relaxed Matrimonia Mixta.

That should answer the question.

 

[Tyndale]

What exactly is more relaxed about Matrimonia Mixta ?

 

[wiselife]

The Sacrament of Marriage in the Catholic Church.

 

[Tyndale]

Didn't get a definitive answer in that article wiselife. Does the Children have to be brought up Catholics or not?

 

[wiselife]

Didn't get a definitive answer in that article wiselife. Does the Children have to be brought up Catholics or not?

by Canon Law

CHAPTER VI: MIXED MARRIAGES
Canon 1124 Without the express permission of the competent authority, marriage is prohibited between two baptised persons, one of whom was baptised in the catholic Church or received into it after baptism and has not defected from it by a formal act, the other of whom belongs to a Church or ecclesial community not in full communion with the catholic Church.

Canon 1125 The local Ordinary can grant this permission if there is a just and reasonable cause. He is not to grant it unless the following conditions are fulfilled:

Canon 1125.1 the catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith, and is to make a sincere promise to do all in his or her power in order that all the children be baptised and brought up in the catholic Church;

Canon 1125.2 the other party is to be informed in good time of these promises to be made by the catholic party, so that it is certain that he or she is truly aware of the promise and of the obligation of the catholic party.

Canon 1125.3 both parties are to be instructed about the purposes and essential properties of marriage, which are not to be excluded by either contractant.

Canon 1126 It is for the Episcopal Conference to prescribe the manner in which these declarations and promises, which are always required, are to be made, and to determine how they are to be established in the external forum, and how the non-catholic party is to be informed of them.

Canon 1127.1 The provisions of canon 1108 are to be observed in regard to the form to be used in a mixed marriage. If, however, the catholic party contracts marriage with a non-catholic party of oriental rite, the canonical form of celebration is to be observed for lawfulness only; for validity, however, the intervention of a sacred minister is required, while observing the other requirements of law.

Canon 1127.2 If there are grave difficulties in the way of observing the canonical form, the local Ordinary of the catholic party has the right to dispense from it in individual cases, having however consulted the Ordinary of the place of the celebration of the marriage; for validity, however, some public form of celebration is required. It is for the Episcopal Conference to establish norms whereby this dispensation may be granted in a uniform manner.

Canon 1127.3 It is forbidden to have, either before or after the canonical celebration in accordance with 1127.1, another religious celebration of the same marriage for the purpose of giving or renewing matrimonial consent. Likewise, there is not to be a religious celebration in which the catholic assistant and a non-catholic minister, each performing his own rite, ask for the consent of the parties.

Canon 1128 Local Ordinaries and other pastors of souls are to see to it that the catholic spouse and the children born of a mixed marriage are not without the spiritual help needed to fulfil their obligations; they are also to assist the spouses to foster the unity of conjugal and family life.

 

[LittleLambofJesus]

Originally Posted by Sphinx777

Ne Temere was replaced in 1970 with the more relaxed Matrimonia Mixta.



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Thank you once again oh venerable wiki-meister......That leaves me with the question of how many other rulings have been "relaxed" by the Church of Rome......