The Object of Matrimonial Consent: A Personalist Analysis

The Object of Matrimonial Consent: A Personalist Analysis
[original Italian: L'Oggetto del Consenso Matrimoniale: un'analisi personalistica, Giappichelli, Torino, 1997. This version published in Forum 9 (1998)1: pp. 39-117]

I. Matrimonial Consent and Christian Personalism

Sentence of July 9, 1998 (Bogotá) (In Iure only) [homosexuality]

2.         This case hinges on whether, under c. 1095, 3° , a person with a homosexual tendency can validly consent to marriage. The main jurisprudential principles governing the question are well established and will be briefly recalled. In recent years, however, radical changes have marked many secular appreciations of homosexuality, perhaps especially within the field of psychiatry and psychology; and these changes certainly merit consideration, also so as to weigh their possible effect on canonical jurisprudence.

Sentence of July 23, 1998 (Malta) (c. 1095, 2 & 3)

I. The Facts

1.         John D., an architect, and Jane A., met in 1958. Soon after John proposed to her, and they became engaged in March 1959. The marriage, which took place in October 1961, in - Malta, followed a fairly normal course for three years, during which time a daughter was born. Later on, in 1967 and 1970, two adulterous children were born of Jane's repeated infidelity; John however forgave her, adopting the children. Finally, at the end of twenty years, she left John and went to Rome where she contracted a civil marriage with here last lover.

Sentence of March 26, 1998 (Pelplin) (c. 1095, 3) [the "good of the spouses"]

I. The Facts


1.         Towards the start of 1977 Gregory and Danuta met and immediately fell in love. After some months they contracted civil marriage. The religious ceremony took place on March 26, 1978. No children issued from their married life, which went well for a year. Then Danita was brought to trial before the civil authorities and given a jail sentence. In April 1979 the spouses separated. After obtaining a civil divorce, Gregory married another woman civilly in 1983.

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