The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
A great noise has been made about the _Ne temere_ Decree, and the recent
_Motu proprio_. They have been used to illustrate a phase of Catholic
“intolerance” which is supposed to constitute a constant danger to
society. I hope to make plain that those who have raised the cry have been
shouting into space, and that, moreover, they have been throwing stones
out of glass houses. Those laws have been made for Catholics only;
Catholics only are bound by them; therefore only they have a right to
protest if there be any cause of complaint. Or are we to understand that
Catholics are not free to have their own religious rules and usages
without the approval of outsiders? It will be answered: Certainly, but
this _Ne temere_ Decree might affect Protestants also. How? Well, it
ordains that unless Catholics get married before an authorised priest the
marriage is null; they are not married. Hence, if a Catholic and a
Protestant attempt to get married before a parson or a registrar, as the
law of the land allows, there is no marriage in the eyes of the Catholic
Church, and the Catholic party is bound in conscience to disown it. That
is what has been said; but it is not correct. What the Catholic party
would be bound in conscience to do in such a case is to set things right
by making it a valid marriage. But what if the parties will not comply
with the _Ne temere_ law? Then they go their own way, and the Catholic
Church has no more to say to them. But if the Catholic party, getting
conscience-stricken, should determine to disown it as a marriage, will not
the Protestant party be the sole sufferer? Not at all; because the
Protestant party can appeal to the law of the land for conjugal rights,
since in the eyes of the law the marriage is valid; and an attempt by the
Catholic party to contract marriage with anyone else would be punished as
bigamy. On the other hand, if the Protestant party should for any reason
determine to disown it as a marriage, the Catholic party cannot in
conscience appeal to the law of the land for conjugal rights; because
according to the Catholic conscience there are no conjugal rights, since
there is no marriage. It should be observed that, also in the case of two
Catholics, there is no marriage if they attempt to get married before any
other priest than the authorized priest. The _Ne temere_ Decree was meant
for Catholics only. It was not at all meant for Protestants, and it can
only affect a Protestant through a Catholic. Now, the Catholic Church does
not wish a Protestant to marry a Catholic. Quite otherwise. In fact,
Catholics are forbidden to marry Protestants without a special permission,
which is not given without good cause assigned. But if any Protestants
should desire to marry Catholics, they know the conditions they have to
fulfil. If they object to those conditions they are quite free to seek
some other partner less tied by religious conditions than a Catholic is.
Public-domain text, read in full here on John Shaqi.
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