Canon and Civil Law Review

PARISH TERRITORY AND MEMBERSHIP

For approximately the first four centuries of the history of the Church, the bishop and his presbyters cared for the spiritual needs of the faithful within the diocese. With the end of the persecutions and the increasing number of faithful, provision needed to be made for those in outlying areas and villages. At first some of the cathedral clergy were assigned to permanent outposts creating parishes within the diocese.

The 1917 Code of Canon law described the common understanding of “parish” through the centuries. A parish was understood to be a territorial section of the diocese, with a proper church building, to which a Catholic population was assigned, under the leadership of a proper pastor, who was responsible for the care of souls. (canon 216) By way of exception, personal parishes were possible based on language, nationality or rite; but the clear preference in the law was the territorial parish. It was highly visible and practical as a basis for a faith community.

The 1983 Code of Canon Law stresses the parish as community above organization (canon 515) but continues to favor the territorial structure as a practical and necessary value (canon 518). The Pastor has the obligation to provide sacramental and catechetical ministry to all the Christian faithful within his territory and to collaborate in the building up of a Christian community. The faithful living within the territory of the parish have their own obligations to build up the kingdom of God by participation in worship and the life of the parish and to support its work.

The parish church is present in the community as a sign and rallying point for the parish family. Baptisms and weddings take place there because they are not only personal family events but also celebrations of the parish family of faith. The more parishioners attend the weekly celebration of the Eucharist the more real this faith community becomes. Parishioners have a right and obligation to be present and worship at the altar of their parish church. They have a right to receive sacraments, education and pastoral care from their parish. They also have the obligation to give good example by being present at liturgy as much as possible, to make themselves known to their pastor, and to be supportive of their parish with their time, talent and treasure.

In our mobile society people are used to traveling around to shop or dine according to their tastes. The official church regulations regarding parish boundaries seem arcane today. A recent study by the Center for Applied Research in the Apostolate (CARA) at Georgetown University indicated that about a quarter of Catholics regularly attend parishes outside of their neighborhoods. While it is true that you may attend Mass wherever you may wish, it is not true that you can register as a member of a parish if you do not live there. Pastors cannot give permission for their parishioners to join another parish. Neither can the diocesan bishop grant such permission.

The law of the church is not unlike civil law in determining membership in a given parish. While we might be free to make certain choices in our lives, some things are determined for us, and for good reason. Just as membership in a school district or township is governed by the territory in which one lives (one cannot freely choose to belong to some other township without moving), this same principle is applicable to membership in a parish.

Pastors should be welcoming to all who come to worship at their church. They should, however, encourage people to be active members of the parishes where they live. For the good of the Church at large, pastors should suggest that people be registered in their home parish, be known to their proper pastors and supportive of their territorial parish even if they have good reasons to frequently worship elsewhere. It can be tempting and flattering to ignore the issue of territory in signing up new members. Yet, neighboring pastors working together in respecting parish boundaries can foster a greater spirit of Unity and Church.

In an article published in the U.S. Catholic (December 2003) Peter Feuerherd wrote: “The neighborhood parish…is a living response to Robert Putnam’s call for the need for social networks outlined in his famous book Bowling Alone (Simon & Schuster). Catholics in healthy neighborhood parishes don’t bowl alone. They at least can find a few familiar faces at the local alleys.

“It’s more than social, though. It’s deeper. Catholic thinkers have marveled at the vitality of neighborhood parishes. Thomas Merton and Dorothy Day, perhaps the two most famous American converts, said they were attracted to the Church through regular working people coming together in unity around the Eucharist in simple neighborhood churches. It is a central aspect of Catholic theology, argues sociologist Father Andrew Greeley. ‘For the churches of the reformation, salvation is essentially an individual activity. For Catholicism it has always been essentially a communal activity’ says Greeley, who regularly waxes warmly about his own experience growing up in a Chicago parish.”

REVISED DIOCESAN PRENUPTIAL FORMS PUBLISHED

In March 2004 revised prenuptial forms were published for the Diocese of Pittsburgh. Informational meetings were held in various areas of the diocese and packets of the revised forms were prepared for each priest and parish. At the end of April packets were mailed to priests and parishes not represented at the meetings. If any priest or parish has not received the revised forms along with the desk guide and commentary, please call the Office for Matrimonial Concerns.

Please discard the old forms and begin to use the new format at this time. If you have already completed marriage papers for upcoming weddings on the old forms, there is no need to redo the affidavits. You may also mix and match the old and new forms, if necessary. (You may have completed the MA affidavits some time ago on the old forms and may not have completed the MB or the ME forms.)

Please take note of the Commentary that explains many of the changes in the format.

You will note that the MA affidavit comes in two formats: a four-page document for use when both parties are available to be interviewed. The single page MA affidavit is useful when one of the parties is being interviewed elsewhere. The top of the MA requests the middle initial of the bride and groom (if applicable) since our computer records are filed in this format. Farther down the form where the party is being asked personal information, we request that you include their middle name (if applicable). This is useful in comparing various documents identifying a party who is applying to be married.

Note the questions asking religion of the parties or their parents are more specific for Catholics, i.e. Roman Catholic or Eastern Catholic. Please attend to the details in this matter since we often need to clarify the ritual ascription of an applicant to determine jurisdiction.

You will find the wording of the questions is very different in places. The material in the Commentary will help you explain the question properly to the applicant. Question #2 has been reworded. An affirmative answer is expected here. It is necessary for the priest or deacon to explain that in order for a couple to enter a valid marriage they cannot positively intend to exclude an essential element of marriage such as sexual intimacy or children, even though age or health may impose limits. Question #9 is entirely new. Prenuptial agreements are becoming more common and problematic. Following question #14 there is a space to list previous marriage ceremonies. All previous wedding ceremonies need to be listed including the one you may be validating. Please use an additional sheet of paper if there are more than two prior marriage ceremonies.

The MB Witness affidavit provides a box to check if the information was received through a telephone interview, indicating why there is no witness signature. Question #2 is new. It stresses the need for a witness (if not a family member) who is aware of the party’s marital history.

The application for matrimonial permissions or dispensations (ME) is quite different. It first asks if the application is for a wedding or a validation. The middle initial of each party is requested, if applicable. The shaded box (Place of Marriage) should always be completed. If the wedding will take place in a parish church of the Diocese of Pittsburgh, simply note the church and location (e.g. St. Joseph – Coraopolis). If the wedding is to take place in a non-Catholic church or in another diocese, please give the complete address and kindly note the county. This helps us determine jurisdiction. Dispensations from Canonical Form have a special shaded box. The question on the bottom of the page should list the name and title of the person who will officiate at the wedding in such cases. Note: Only one person may officiate. A Catholic priest or deacon may never officiate if the obligation to observe the canonical form of marriage has been dispensed.

The shaded box on the second side of the ME application needs to be completed for all validations. If one or both of the parties cannot understand or will not accept the need for a new act of marrying, then the priest or deacon should seek a sanation of the marriage rather than a validation. This is a significant change in that an ME form is required for all validations.

The priest or deacon needs to sign and date the ME application in the middle of the second side. We request that the information in the lower right hand corner of the second side be PRINTED clearly and completely as this will often serve as your return address label.

The Supplementary Form: Assessment of Readiness for Marriage is an optional form. Other forms may be used e.g. FOCCUS. These supplementary assessment forms are to be kept in the parish marriage file and not sent to the Office for Matrimonial Concerns, unless the entire marriage file is being sent to another parish or diocese where the wedding is being celebrated.

Included in your packet of forms is the DESK GUIDE. We hope that you will keep the guide handy as a source of information as to when prenuptial affidavits need to be sent to the Office for Matrimonial Concerns, when MB witness affidavits are required, etc.

If you have any questions or if you need additional supplies of the revised forms, please call the Office for Matrimonial Concerns 412-928-5530.

PRENUPTIAL AGREEMENTS

The use of prenuptial agreements has become much more commonplace in recent years. The presence of a prenuptial agreement presents an immediate concern in the marriage preparation process. It is suggested that the priest or deacon ask the couple about the possible presence of a prenuptial agreement at the initial meeting along with the questions about the possible presence of a prior marriage. The couple needs to understand that a prenuptial agreement may be an obstacle to a marriage in the Catholic Church. A legal document that protects the separate assets of the prospective spouses may well undermine the community of life that is essential to a marriage and may render it invalid.

The case of a widow and widower who intend only to protect the natural right to inheritance of children of their first marriage may be an exception. This is clear if the prenuptial agreement provides for the disposition of the property in case of death rather than divorce. A prenuptial agreement that provides protection in the case of divorce may very well imply an exclusion of the permanence of marriage and, consequently, invalidate marital consent. In cases where one party has considerably more assets than the other and those assets are protected from the future spouse with no third party being benefited (such as elderly parents who spent their lives building a family business) it is hard to see how the couple is intending the community of life that is true marriage.

The priest or deacon must not presume that any prenuptial agreement is acceptable. Before wedding plans can go forward, a copy of the prenuptial agreement needs to be sent to the Department for Canon and Civil Law Services for evaluation. The couple must be informed that the wedding plans are on hold until a determination is made as to whether the prenuptial agreement in question would render the marriage invalid. If it is determined that the prenuptial agreement is invalidating, the couple must rescind the agreement before plans for a Catholic wedding can resume.

NOTICES REGARDING INDIVIDUALS PRESENTING THEMSELVES AS PRIESTS IN GOOD STANDING

The United States Conference of Catholic Bishops has published notices regarding priests who are not in good standing and do not possess the faculties of their diocese or religious community. Should you be contacted by them please notify the Vicar for Canonical Services immediately.

Fr. Ricardo Espinoza Bravo, M.G. Archdiocese of Los Angeles
Fr. Yusaf Dominic Archdiocese of Newark
William J. Farley Diocese of Altoona-Johnstown
Fr. Francis Ngung’u Gachuru Archdiocese of Nairobi
Rudi Gil Diocese of San Bernardino
Rev. C. William Hausen Diocese of Pittsburgh
Fr. Pantaleon Jayawardena Archdiocese of Seattle
Fr. Petar Jelinic Byzantine Eparchy of Parma
Archbishop Raphael Kaigama of Jalingo Apostolic Nunciature (aka Bishop D. James)
Fr. Elias Mwangi Kambutu Archdiocese of Nairobi
Fr. Fumentius Ngalyabuyira Kule Diocese of Ft. Wayne-South Bend
Fr. Jacob Lekuu Diocese of Phoenix
Fr. Peter McGrath CP Diocese of Portland (Maine)
Fr. Felix Okonkwo Diocese of Little Rock
Rev. Robert Pensenstadler Eparchy of St. Maron (Brooklyn)
Fr. Johnson Peramangalath Diocese of Little Rock
Fr. Mark Santo Archdiocese of Milwaukee
Rev. Roger Sinclair Diocese of Greensburg

WEDDINGS TAKING PLACE OUTSIDE OF THE UNITED STATES

During the past year there has been a notable increase in requests by couples to be married outside of the United States. These requests can become complex in forwarding the prenuptial file through the proper canonical channels to the place of the wedding.

In such cases priests and deacons need to share with couples the following information:

1.) It is the responsibility of the couple to make specific arrangements to be married outside of the United States. The Diocese of Pittsburgh will process the prenuptial affidavits and forward them through the proper channels.

2.) The parish priest or deacon must submit the prenuptial papers to the Office for Matrimonial Concerns at least four months before the wedding.

3.) Included with the file must be the name and full address of the parish where the wedding is to take place; the name of the priest who has agreed to do the wedding; and the name of the diocese where the parish is located.

4.) The Office for Matrimonial Concerns will send the authenticated file with any permissions or dispensations required via FedEx to the diocese where the marriage is to take place. Included will be a cover letter requesting that the papers be forwarded to the parish of the wedding. The Office for Matrimonial Concerns will provide a photocopy of the prenuptial file to the couple in the event that the diocese does not forward the papers to the parish in a timely manner. The couple is asked to provide a check in the amount of $100.00 payable to the Diocese of Pittsburgh to cover the expenses along with the prenuptial affidavits.

5.) It is the responsibility of the couple to research the civil requirements required for marriage within the country where they intend to wed.

NUPTIAL MASS: WHEN REQUIRED OR PERMITTED

Recently we have been presented with the question as to whether or not a parish or individual priest can prohibit the celebration of a Nuptial Mass for the wedding of a Catholic and a baptized non-Catholic. During the prenuptial preparation period the priest needs to discuss the matter with the couple along with their preferences and particular circumstances. The reasonable request of the couple in this matter should be honored. A parish or individual priest may not establish a policy prohibiting a Nuptial Mass for mixed religion weddings celebrated in a parish church or Catholic chapel.

The Rite of Marriage (#8) provides for the possibility of celebrating a wedding between a Catholic and a baptized non-Catholic within Mass if suitable and the Ordinary of the place gives permission.

In the Diocese of Pittsburgh, faculty 16 in the pagellum of faculties grants to every priest the faculty to celebrate a Nuptial Mass for the marriage of a Catholic and a baptized non-Catholic as long as the parties and families understand that Holy Communion cannot be offered to the non-Catholic participants. Permission is not required from Canonical Services in such a case.

When two Catholics come to be married it is expected that the wedding will take place within the Nuptial Mass. In certain circumstances permission may be obtained from the Office for Matrimonial Concerns to celebrate the wedding of two Catholics without a Mass. Permission is normally given if one of the parties (or their family) is not practicing the faith; one of the parties may be a recent convert and their family may not be comfortable attending Mass; the wedding may be a validation; or the wedding may be scheduled on a day when the Nuptial Mass is not permitted such as November 2nd or a Solemnity. Permission is required to celebrate the wedding of two Catholics without Mass in order to emphasize the primary elements of the Rite of Marriage: the exchange of consent; the blessing and exchange of rings; and the reception of Holy Communion by the newly married couple.

In cases where a Catholic marries a person who is not baptized, a dispensation from the impediment of disparity of cult is required and the special rite (#55-56) is to be followed. The rite takes place within the context of the Liturgy of the Word, but without Mass.

TRIBUNAL ADVOCACY PROGRAM

The Office of the Tribunal, Department of Canon and Civil Law Services, will be providing a programmatic update and re-certification for previously trained Advocates who wish to continue in this ministry. Additionally, a basic training program will be offered for interested priests, deacons, members of consecrated life, and qualified men and women who have not previously been trained as Advocates. Qualified and interested persons from all deaneries are needed. You are invited to make recommendations to the Tribunal or you may advise individuals you deem good candidates to contact the Tribunal Office directly. Such persons need to be available to provide pastoral and canonical assistance to Petitioners and Respondents involved in the Tribunal process. The dates and times of the two training programs will be forthcoming in the near future.

Advocates that have been previously appointed continue in office unless they have resigned.

A WELCOMING CHURCH

A priest was once asked why the welcome mat at his door was always turned to read upside down to visitors. He said he did that because he needed to be reminded to be welcoming to people coming to the rectory. We all know how challenging it can be to work with the public. Many pastors do well in training the parish staff to be welcoming to all. Even the telephone voice messages are pleasant. Individuals can be demanding and some requests may be unreasonable. These situations need to be handled professionally and pastors are encouraged to see that the parish staff is properly trained. The public perceives any person working for the Church as representing the Church. Habitual negativity must not be tolerated from anyone on the parish staff. We may not be able to accede to every request but everyone who comes to us has a right to be treated politely. It is important that we constantly remind ourselves of the higher values involved in the service of the Gospel and not let human nature or the trying and tedious details of that work distract us from our ultimate purpose.

It is interesting that the 1983 Code of Canon Law manages to conclude the last canon of its final (and problematic) section on a positive note. Canon 1752 concludes: “having before one’s eyes the salvation of souls, which is always the supreme law of the Church”.