Can On Civil Law Review
Can On Civil Law Review
Can On Civil Law Review
TABLE OF CONTENTS
The program will be repeated on Tuesday, March 13, 2007 at Domenec Hall
(Room 210) Saint Paul Seminary from 12:15 p.m. to 4:00 p.m. Every parish is
encouraged to have trained staff to assist the clergy in recording sacramental information
in the parish registers, preparing sacramental certificates and helping with the marriage
preparation documents and affidavits. The cost of the program is $5.00 per person.
Please call the Department for Evangelization for registration: 412-456-3048.
For the parish clergy it is important to know what was covered and in particular
some issues that surfaced.
The basic canons were reviewed regarding the keeping of sacramental records as
well as diocesan policies. The point was made that the pastor or administrator is
ultimately responsible to see that the sacraments are recorded properly and that
certificates are issued correctly. Information was provided to help pastoral assistants,
secretaries or volunteers who have been entrusted with these tasks to do them well.
Although only a priest or deacon may sign a sacramental certificate, well trained
staff persons can save the clergy a great deal of time in preparing the documents.
Each priest will have his own approach to preparing couples for marriage. To take
advantage of assistance from parish staff persons, the following recommendations were
discussed:
The priest or deacon should meet with the couple to determine their religious and
sacramental background, inquire as to any prior marriages, review the basic
understanding of marriage in the Church, review the meaning of the vows, exclude the
possibility of a prenuptial agreement, explain the need for prenuptial instructions, explain
the diocesan and parish policies regarding weddings and the documents and affidavits
required to complete their application to be married.
The priest or deacon may then choose to turn the couple over to the Parish Record
Assistant to begin completing the background information on form MA. The staff person
may begin to gather addresses and phone numbers, dates of birth, places of baptism,
names of parents and how to go about getting baptismal certificates (authentic and recent
ones in the case of Catholics) and decrees of nullity or death certificates (in cases of prior
marriages). Some specific training is needed in order to ascertain the question of “rite”
(Roman or Eastern) for Catholics since the ritual church of baptism is not always
determinative of the “rite” in law. The Parish Record Assistant may not ask
questions 1 through 14 on the MA, request the signature of the bride or groom or
sign in place of the priest or deacon.
(With regard to the MB witness affidavits, the priest or deacon may elicit the help of
the Parish Record Assistant in gathering the information from the family of the bride or
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groom, but the priest or deacon should sign the affidavit indicating that the information
was acquired according to diocesan policy.)
When all the documents have been gathered, including certificates of prenuptial
instructions and MB witness affidavits when required, the priest or deacon can meet
again with the couple, review all the documents, ask the canonical questions (1 through
14), and finally sign and seal the affidavits. This may afford an opportunity to review
details of the wedding ceremony as well.
Before any parish engages in either form of gambling, it is necessary to secure the
appropriate license from the Office of the Treasurer of the County in which the parish is
located. The frequency with which the parish wishes to conduct bingo will determine
which bingo license is required. The “Bingo Law” has a number of restrictions with
which the parish is required to comply. Similarly, the parish should discuss with the
Office of the Treasurer the games of chance to be offered when applying for the license
to operate small games of chance. It should be remembered that local municipalities
could choose not to permit small games of chance within their territory.
Small games of chance are limited to punch boards, daily drawings, half and half
lotteries, and weekly drawings, raffles and pull-tabs. As set forth in the Small Games of
Chance Act, “no such games shall be played by or with the assistance of any mechanical
or electrical devices or media other than a dispensing machine or passive selection
device”. Also the chance taken by the buyer in any small game of chance may not be
contingent upon the winning of any other contest.
It is important to note that the Small Games of Chance law does not authorize slot
machines, video poker or any type of card games. Despite their popularity and any
misconceptions that may exist, Texas Hold ‘Em games or tournaments or any other type
of card games are not authorized or permissible under the law.
Before any parish participates in offering any form of gambling, the appropriate
person should contact the Office of the Treasurer in the County in which the parish is
located to determine whether the game is permissible and what license must be obtained
before offering that form of gambling.
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C. PRENUPTIAL FILES ARE PERMANENT RECORDS
Diocesan policy requires the affidavits and documents for weddings to be kept in
a permanent file. Catholic baptismal certificates, decrees of nullity and marriage licenses
need to be retained in their original from. Other certificates may be photocopied.
Given the permanent nature of these files, the diocesan forms (MA, MB, ME, etc)
are printed on document paper. If you are running out of forms, please call the Judicial
Center 412-456-3033 and request an additional supply. Please do not photocopy the
affidavits. Faxed or photocopied forms are not acceptable for the permanent file.
Priests and deacons are reminded to type or print clearly the information on
the prenuptial affidavits. The priest or deacon functions as a notary in asking the
questions and recording the response. The affidavits are never to be given to the bride
and groom to complete.
Several issues surfaced in the training sessions for Parish Record Assistants
regarding parish baptismal records and the issuing of baptismal certificates that indicated
the need for a review of canonical requirements and diocesan policy.
It is important to record the fact of entrance into the Catholic Church by a Solemn
Profession of Faith. New members of the Church should be able to request
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documentation of their membership and status as well as life long Catholics. They
should be able to go back to the parish where they entered the Church and ask for a
certificate from the information listed in the Baptismal Register. Should they marry or
receive a declaration of nullity that information should be entered into the register where
they entered the Church.
Often individuals enter the Church prior to marriage. When it comes to marriage
preparation they should be able to contact the parish where they entered the Church and
receive an up to date certificate of Profession of Faith. Such a certificate is different from
a certificate of Baptism. Entering some of the information on one of the parish
certificates of Baptism is not helpful. A Profession of Faith certificate should list the
persons name and, the names of the parents; the date and place of birth; the date and
place of Christian baptism (including the name, location and denomination of the
church); the date of the Profession of Faith along with the name and address of the
Catholic church. The document should be signed by a priest or deacon and show a date
of issuance along with the parish seal. If there are any marriage notations or nullity
notices they should be noted on the back. If not, there should be a note: “No marriage
notations”.
D.P. Murphy Co. Inc., Conception Abbey Press and other vendors have printed
Profession of Faith certificates available. It is important to note the difference between
certificates that are meant as a memento of the ceremony and those that have the
canonical information needed for the purpose of marriage. A sample certificate is
included with this mailing that may be adapted to the individual parish. You may
request an e-mail version of the sample certificate at: pgeinzer@diopitt.org.
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was made that weddings (including validations) are not permitted in the Diocese of
Pittsburgh on Sundays and Holy Days of Obligation.
Of course, there is pressure from the couple to set a date so that they can reserve a
reception site. However, if there is a prior marriage, the priest or deacon must make it
clear to a couple that no wedding date can be given until that obstacle is cleared by a final
decree of nullity. This not only applies to formal nullity trials but also to what may
appear to be a Lack of Form case.
If a priest or deacon ignores this caution and sets a date for a wedding before a
prior marriage is declared null the Tribunal cannot be responsible for the consequences.
In a formal case, it is presumptuous to assume that the judgment of the court will be
affirmative. Many things can happen to delay a decision or the issuance of the final
decree. The witness testimony may contradict the assertions of the petitioner; the
respondent may appeal; pastoral or psychological counseling may be required. A formal
decree of nullity is not automatically issued at the end of the formal process. It is only
issued to a priest in preparation for a new marriage. Often the letter announcing the
conclusion of the formal process is mistaken for the decree. The letter clearly
indicates that any priest preparing the party for a new marriage must be in contact with
the tribunal for the requisite decree of nullity. Sometimes the decree cannot be issued
until pastoral counseling requirements are met or the tribunal fees are satisfied.
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weeks before the wedding is more than risky. A wedding date should not be set until a
final decree has been obtained. That policy applies to apparent Lack of Form cases as
well as formal nullity processes.
When couples come to us with multiple marriages in their histories the situation
becomes more risky. A simple error on the part of the priest can be a disaster. One could
falsely assume that a second marriage of a Protestant did not count since they were
married once before. A decree of nullity from an Orthodox church does not make an
individual free to marry in the Catholic Church. Priests are sometimes surprised to
find that a person was married more than once or twice. The bride or groom is equally
surprised that there is a problem since they assumed that we were only interested in how
their most recent marriage was resolved.
Please do not open up the possibility of having to cancel a wedding because the
diriment impediment of prior bond could not be removed.
At this point in time the average parishioner is unaware that burial is still the
norm for Catholics and that cremation is an exception that needs permission from the
pastor. Pastors often discover as a matter of funeral planning that cremation has already
taken place or is planned. Although the liturgical norms provide for a Funeral Liturgy
with the cremated remains present, this arrangement should not be a surprise for the
pastor.
Along with the false assumption that cremation is normal for Catholics has come
several abuses. Permission for cremation may only be given with the understanding
that the cremated remains will either be buried in a cemetery or entombed in a
columbarium immediately following the funeral. This is in keeping with the Catholic
belief in the sacredness of the human body and the doctrine of the resurrection of the
dead. Permission for a Catholic funeral before or after cremation may not be given
unless the family agrees to a respectful interment of the remains in accord with our
tradition. Permission cannot be given if the family intends to divide the remains, to mix
the remains with those of other people (or even pets), to scatter the remains, to fashion
them into jewelry, or to keep them for display in the home.
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pastor; permission for a Catholic funeral before or after cremation is only given if the
family agrees to bury the remains in accord with Catholic tradition.
Pastors are encouraged to inform their people of these values in bulletin articles
and to address the issues with local funeral directors. A sample bulletin article is
included at the end of this mailing. You may request an e-mail version of the article at
pgeinzer@diopitt.org. Informational booklets are available from The Catholic
Cemeteries Association.
The canons charge pastors with the responsibility of making an effort to see that
Catholics receive the Sacrament of Confirmation prior to marriage. Of course,
confirmation is not strictly required before marriage and some individuals have not come
to the level of personal faith to be open to the sacrament. It is unfortunate if we give in to
the minimal approach and fail to offer an opportunity those not confirmed to complete the
Sacraments of Initiation before entering the Sacrament of Matrimony. If this offer is
made early in the period of marriage preparation prospective spouses can often be
confirmed in time. Sometimes, it is more practical to arrange for confirmation after the
wedding.
More and more marriage applications come in with Catholics who were never
confirmed. We may have missed the opportunity to help many young people complete
initiation during the educational phase of their lives. We have a second chance when
they come to us for marriage.
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K. MARRIAGE RITE IN DISPARITYOF CULT WEDDINGS
It seems we have more requests for disparity of cult weddings these days. Many
parents, even some Catholics, simply do not baptize their children. This becomes
problematic in some ways when a practicing Catholic seeks to marry a non baptized
person. The theological issue becomes a practical problem when it comes to the wedding
liturgy. Unless the Catholic party understands that there is a difference between a
wedding involving two Christians and a wedding with a non Christian, they will not
understand the limitations that result in the wedding ceremony. For example, it is not
easy to explain to a traditional Catholic bride (or her mother) why there should not be a
Nuptial Mass in these circumstances.
The problem goes beyond rules, liturgical or other. It hits at the heart of who we
are as Catholics. At the risk of seeming non inclusive, we need to be honest about what
we are doing in the sacramental world. There is a marriage rite specifically written for
weddings involving a non baptized spouse. The prayers do not use the word
“sacrament”. There is no set of prayers in the Sacramentary designed for a Nuptial Mass
with a disparity of cult couple. The challenge is to explain the reasons for the different
approach to the ceremony. Simply quoting the rules will not do it.
Canon 1108 § 1 states: Only those marriages are valid which are contracted before
the local ordinary, pastor, or a priest or deacon, delegated by either of them, who
assist, and before two witnesses according to the rules expressed in the following
canons…
Canon 1109 states: …the local ordinary and pastor, by virtue of their office and
within the confines of their territory assist validly at the marriages not only of their
subjects but also of those who are not their subjects provided that one of them is of
the Latin rite.
Canon 1111 § 1 states: As long as they hold office validly, the local ordinary and the
pastor can delegate to priests and deacons the faculty, even a general one, of
assisting at marriages within the limits of their territory.
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Canon 1111 § 2 states: To be valid, the delegation of the faculty to assist at
marriages must be given to specific persons expressly. If it concerns special
delegation, it must be given for a specific marriage; if it concerns general delegation,
it must be given in writing.
Parochial vicars and deacons, in their letter of appointment from the bishop,
receive jurisdiction to assist at marriage within the boundaries of the parish to which they
are assigned.
• Priests in residence do not have ordinary jurisdiction. They must be delegated for a
wedding to be valid. A pastor may choose to give a resident priest general
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delegation, for example “for as long as the pastor is in office and the priest is in
residence”. In the case of general delegation, it must be in writing.
• Although delegation for a specific wedding may be given orally, it must be recorded.
The normal place of recording is the last section of the MA affidavit and in the
marriage register.
• For a Roman Catholic priest to have jurisdiction at all, at least one of the parties to the
marriage must be a Latin Catholic. If a couple applies for marriage and it appears
that the Catholic party may be an Eastern Catholic, contact the Office for Canonical
Services before setting a wedding date.
• If a priest attends, or even participates in, the wedding ceremony of a couple in a non-
Catholic church wherein the non-Catholic minister officiates, the mere presence of
the priest does not constitute canonical form. The wedding would be invalid unless,
of course, a dispensation from the obligation of canonical form had been obtained.
Canonical form would require a “duly delegated” priest to ask for and receive the
consent of both parties according to the ritual of our church and in the presence of
two witnesses. Delegation would come from the pastor of the territorial parish in
which the non-Catholic church is located.
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Fr. Carlos Martinez-Santos Diocese of Orange
Bishop Rogelio Miranda Morelia, Mexico
Fr. Michael Muriithi Archdiocese of Nyeri, Kenya
Fr. Charles Murr Archdiocese of New York
Fr. Vijayakumar Nalla Diocese of Austin
Fr. Julio Navas-Landaverde Diocese of Chalatenango,
(El Salvador)
Fr. Charles Nguobi Nkuo Archdiocese of Bamenda, Cameroun
Msgr. Edwardo Aguirre Oestmann Archdiocese of Guatemala City
Fr. Raymond J. Overstreet Archdiocese of Philadelphia
Fr. Charles Owenja Diocese of Arua, Uganda
Fr. James Pommier Diocese of Bismarck
Fr. Gabriel Ramirez Gomez Diocese of Orange
Mr. Andy Richardson (not ordained)
Fr. Vidal Antonio Rivas Lima
aka (Fr. Vidal Rivas) Archdiocese of Washington
Fr. K. Joseph Saxe Diocese of Brooklyn
Fr. Lawrence C. Smith Diocese of Davenport
Fr. Alfredo C. Sobalvarro Archdiocese of Washington
Mr. John Tokarick, Jr. (not ordained)
Fr. Victor Udechukwu Diocese of Wheeling-Charleston
Fr. Benedict Van der Putten Diocese of Scranton
Fr. Vincent J. Young
aka (Fr. Longinus) Diocese of Scranton
Suppressed Order:
Society of St. John, Shohola, PA Diocese of Scranton
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CERTIFICATE OF PROFESSION OF FAITH
This is to Certify
Born in __________________________________________
___________________(City), ____________________(State)
_____________________________________________________
and _________________________________________________________
Dated: ____________________________
(Seal)
Signed: ___________________________
Pertinent notations (confirmation, marriage, etc) can be found on the reverse side of this document
SAMPLE BULLETIN ARTICLE: CATHOLICS AND CREMATION
Cultural changes move quickly these days. Not so long ago burial of the bodies of the deceased
was normative for Catholics and cremation was strictly forbidden. Once permission for cremation became
a possibility (as long as the request did not imply a denial of the doctrine of the resurrection of the dead) a
cultural chain reaction began. At first, permission for cremation was to be sought from the Diocesan
Bishop. Soon that became impractical and so pastors were given the responsibility of issuing permission
for cremation for Catholics.
At this point in time cremation is quite common. Parishioners are reminded that burial of the
bodies of the deceased is still the norm for Catholics. Cremation is an exception that requires permission
from the parish priest. The cremated remains are to be given the same respect as the bodies of the deceased
in keeping with our Christian faith.
In planning a Catholic funeral the parish priest should be consulted if cremation is being
considered. Cremation may be permitted in conjunction with a Catholic funeral in either of two
formats:
A. Cremation may be permitted after the Vigil Service for the Deceased and the Funeral Liturgy
have taken place. Then, following cremation, the remains are to be buried in a cemetery or entombed in a
columbarium (a vault in a mausoleum with niches for urns containing cremated remains). This format is
much preferred and more in keeping with Catholic tradition.
B. Cremation may be permitted before the Rite of Catholic Funeral takes place: Vigil Service for
the Deceased, Funeral Mass with the cremated remains present, immediately followed by interment in a
cemetery or entombment in a columbarium.
It is important to receive permission from the parish priest in making plans for either
format.
Permission for cremation may only be given with the understanding that the cremated remains will
either be buried in a cemetery or entombed in a columbarium immediately following the funeral. This is in
keeping with the Catholic belief in the sacredness of the human body and the doctrine of the resurrection of
the dead. Permission for a Catholic funeral before or after cremation may not be given unless the
family agrees to a respectful interment of the remains in accord with our tradition. Permission cannot
be given if the family intends to divide the remains, to mix the remains with those of other people (or even
pets), to scatter the remains, to fashion them into jewelry, or to keep them for display in the home.
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