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Question Title Posted By Question Date
Re: Names used for Sacraments Bro. Ignatius Mary Monday, October 4, 2010

Question:

Jacob:

On this issue, the marriage is not likely valid if the legal papers did not contain legal names.

In order to have a Sacramental Marriage one must be legally married in state law. State law requires registration of a person's legal name.

Thus, regardless what name was mentioned during the ceremony, the marriage license itself and the marriage certificate that is signed by the priest and the couple and then returned to the County Recorder must have legal names.

If the official paperwork for the state does not contain legal names, then there is a question whether or not the couple is legally married. If they are not legally married, then they are not married in the Church either, and are thus living in sin.
Question Answered by Mr. Jacob Slavek

Dear Brother Ignatius Mary,

Thanks for the clarification.  It seems that you would be right, other than in cases which receive special permission from the bishop.

Canon 1071 lists circumstances at which pastors are not to assist at marriage without permission.  One of the items listed is at "a marriage which cannot be recognized or celebrated according to the norm of civil law"  (n.2)

In the case of Francis, I believe this would apply since there is no legal contract between the two because one of the legal names is not present.

I believe this would then in turn present a defect in consent that could invalidate the sacramental marriage.

Mr. Slavek
Footer Notes: (a) A Eucharistic Minister is clergy (Ordinary Ministers of Holy Communion). Laity are Extraordinary Ministers of Holy Communion and should never be called Eucharistic Ministers.

(b) There is no such Mass called the Novus Ordo. The Current Mass is the Roman Missal of 2000, or the Oridinary Form of the Mass. The Tridentine Mass is the Roman Missal of 1962, or the Extraordinary Form of the Mass. Please refrain from using the term, Novus Ordo. Thanks.

(c) The titles of Acolyte and Lector belong exclusively to the Installed Offices of Acolyte and Lector, who are men (only) appointed by the Bishop. These roles performed by others are Altar Servers and Readers, respectively.