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Before we get started, please read my previous article, here; A reflection on Psalm 1, if you want to help me out, go here, Help with medical bills, and don't forget to check out my latest on Locals; Coffee and Christianity: Episode 92: Healing
Last month, there was the curious case of the Texas woman who married someone without his consent, (Texas man discovers ex-fiancée married him without his knowledge after finding package at home — days after breakup)
So, I was thinking, is consent actually needed? I think it's important to note that there is such a thing as implied consent, Implied Consent, but I don't think that applies here. So, what CAN we say, as Christians? Well, since I've already used Mark to discuss marriage being between a man and a woman (Don't denigrate marriage), I think we'll go to Matthew;
“Now when Jesus had finished these sayings, he want away from Galilee and entered the region of Judea beyond the Jordan. And large crowds followed him, and he healed them there.
And the Pharisees came to him and tested him by asking, “Is it lawful to divorce one's wife for any cause”? He answered, “Have you not read that he who created them from the beginning made them male and female, and said, 'Therefore a man shall leave his father and his mother, and hold fast to his wife, and the two shall become one flesh'? So they are are no longer two, but one flesh. What therefore God has joined together, let not man separate.
They said to him, “Why then did Moses command one to give a certificate of divorce and send her away?” Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was no so. And I say to you: whoever divorces his wife except for sexual immorality and marries another, commits adultery”. (Matthew 19:1-9)
Okay, some things to unpack there. It seems like to me, if someone were to leave his father and mother, that either his wife or his wife's family would have to give consent. It would not be, “oh, she's my wife”. I'm pretty sure she has to agree to it, ditto if the roles were reversed.
Now, I should point out, that most cultures, including ones with arranged marriages, the idea is still that consent is required.
I also want to mention the “exception clause”, that some people give for divorce. I've noticed that it translates porneia to “sexual immorality”. That's A translation, but, I'm not sure if it's the best one.porneia, If Jesus made an exception for divorce in cases of adultery, why doesn’t the Church?
So, even if that were true and it did mean that, you'll note that the condemnation is on the remarriage, not the divorce itself. (Although, God says he hates divorce, Malachi 2:16).
Now, to get this out of the way, as I am Catholic, is proxy marriage allowed under canon law? I'm not a canon lawyer, but, here's what I could find; Canon Law # 1105 §1. "§2. "Those being married are to express matrimonial consent in words or, if they cannot speak, through equivalent signs.
To enter into a marriage validly by proxy it is required that:"1/ "there is a special mandate to contract with a specific person;2/ "the proxy is designated by the one mandating and fulfills this function personally.”
So, you'll note that they have to give their consent. Frequently Asked Questions regarding MARRIAGE BY PROXY.
Is it legal in Texas? Technically, yes Can a marriage ceremony in Texas be conducted remotely?
Do both parties have to give their consent? I'm not sure, because this is kind of vague, “Marriage by proxy is when one person is unable to attend the ceremony and authorizes another adult to fill in for them during the ceremony. These types of ceremonies are not available to everyone in Texas. Section 2.203 of the Texas Family Code states that marriage by proxy is only available to U.S. military members who are: stationed in another country in support of combat or another military operation; and unable to attend the ceremony.”. I feel like this is kind of vague. What counts as unable to attend the ceremony?
Either way, I'm pretty sure if I got married, I'd like to be invited to my own wedding.
And, last but not least, let's hear from the pastor that signed off on it. No judgment from me, but, I don't know how a pastor would possibly agree to this. But, then again, we don't know what she told him.
https://www.kxxv.com/news/local-news/in-your-neighborhood/i-was-blindsided-reverend-speaks-out-after-fraudulent-marriage-incident-in-beverly-hills
And thus, we come to an end, of the curious case of the Texas proxy marriage.
Adam Charles Hovey is the founder of the Catholicism, News, and whatever community
*All verses from ESV Catholic Edition with Deuterocanonical Books, Copyright 2017 by Crossway.