Top photo caption: Wedding rings are seen before a wedding at a Catholic Church in Heredia, Costa Rica, May 20, 2018. OSV News photo/Juan Carlos Ulate, Reuters
By Jenna Marie Cooper, OSV News
Q: I have a question about the rules and teachings around Catholic marriage for persons with some mild intellectual disability and English language abilities: Can they be married in the Catholic Church? I’m sure you could answer by saying it depends on the individual case, but are there any general rules and advice? (Limerick, Ireland)
A: I hope it’s not too anticlimactic to begin by agreeing with you! Yes, at the end of the day, a person’s capacity for marriage really can only be determined on a case-by-case basis.
But one important general principle is that the Church does see the vast majority of adults as being capable of marriage. Or, in other words, the capacity for marriage is a fundamental part of being human, and does not require any exceptional degree of ability or talent. So, the Church sets a fairly low bar in terms of the “skills” needed to marry validly.
Although as a caveat, it’s good to keep in mind that the standard for a simply valid marriage is different from that of a prudent, happy or spiritually fruitful marriage. With respect to matrimony, for validity the Church is concerned with whether an individual is capable of making a choice at all in the first place –and, that being established, the Church respects our freedom enough to allow us to make potentially ill-advised choices.
Building upon this principle, the Church acknowledges that people have a fundamental right to marry. Consequently, while a priest or deacon might try to pastorally dissuade a couple from marrying if it seems they are badly matched or otherwise making a rash decision, he can really only refuse to witness a marriage if he knows beyond a shadow of a doubt that there is an invalidating impediment present.
For example, a priest can and should refuse to celebrate a wedding if one of the parties already has a prior marital bond or if the couple are close blood relatives. He can do this because these things are very clear-cut and simple to verify.
However, when we’re considering impediments that often manifest in more ambiguous ways, like a mental or psychological inability to consent, in all but the most extreme cases such an impediment would not be so obvious and indisputable.
That is, a priest could legitimately cancel the wedding if the bride or groom was visibly under the influence of a mind-altering drug. But determining whether or not a condition such as, for example, an anxiety disorder would prevent a given individual from being able to rationally evaluate the prospect of marriage and apply it to themselves with sufficient inner freedom is much more nuanced and requires a judgement call.
Since the Church’s law always errs on the side of allowing the faithful their full rights, a person who is only questionably impaired is given the benefit of the doubt when they seek to marry.
Looking at some of the specifics you mentioned, speaking English or even the common language of the region is certainly not a requirement for a valid marriage. The Church routinely seeks to make the sacraments accessible to the faithful even in the face of language barriers.
On the other hand, some intellectual disabilities could potentially be of a nature or severity so as to prevent an individual from marrying validly. For instance, if a person had a disability which left them with the intellectual capacity of a young child, that person would likely be incapable of marriage.
Similarly, if the disability was profound to the extent that the person was unable to understand the very basics of what marriage is (a permanent and exclusive union ordered towards sexual intimacy and the bearing and raising of children), that would likewise probably render the marriage invalid.
However, some intellectual disabilities, like dyslexia, would have no bearing on one’s ability to marry. And for the most part people with only “mild” disabilities, such as slightly below-average intelligence, are still presumed to be capable of marriage.
Jenna Marie Cooper, who holds a licentiate in canon law, is a consecrated virgin and a canonist whose column appears weekly at OSV News. Send your questions to CatholicQA@osv.com.
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