Q: Canon law makes marriage illicit, not invalid. In your article “Are SSPX Sacraments Valid,” you quoted Canon 1108.1 that if the marriage isn’t celebrated in front of the bishop, pastor, or his designee, then “the marriage is invalid.”
But Canon Law, and even the keys of Peter, has no power to determine that.
…Illicitness (sic) is fully in the power of Canon Law to determine…. But (in)validity…is in the Power of God the Holy Spirit, and so invalidity occurs purely in the Order of Grace, and Canon Law can’t touch, change, affect, or determine that in any way.
Isn’t it true that the only difference between sacramental and non-sacramental marriage is the presence (or absence) of the Holy Spirit in the 2 spouses? Therefore… for a marriage to be invalid, there would have to be an absence of Sanctifying Grace, i.e. Mortal Sin. So this sacrament is effected (to be) valid or invalid primarily in the Order of Grace, not in the order of Canon Law.
Marriage tribunals, operating under Canon Law can only attempt to “guess at it,” after the fact; but ultimately it is God who decides whether there’s a real marriage there. Canon 1108.1 should’ve said (if it were to be more accurate), “the marriage is SUBJECT TO possible invalidity.” –David, Theology summa cum laude, X College Continue reading