The Extraordinary Form And Marriages Today
There has been much controversy over the validity of marriages entered into among the Traditionalists. Though marriage was invalid for reason of an impediment, the consent given is presumed to persevere until there is certainty of its revocation. (Canon 1093)Canon 1014: Marriage enjoys the favor of the law. Wherefore, in case of doubt, the marriage is to be considered valid until the contrary is proved. It is certain that the Traditionalist minisers do not possess the required jurisdiction to validly witness marriages. Therefore their assistance in no way insures validity. The question arises then about the application of the Extraordinary form of Marriage, according to Canon 1098. Canon 1098: If the pastor, or the local Ordinary, or a priest delegated by either, who should according to Canons 1095 and 1096 assist at marriage, cannot be had, or the parties cannot go to him without great inconvenience, the following rules are to be observed:1. In danger of death, marriage may be validly and licitly contracted in the presence of only two witnesses; even apart from the danger of death marriage may be thus contracted, if it can be prudently foreseen that this state of affairs (namely, the great difficulty of getting an authorized priest to witness marriage) will continue for a month;2. In both cases, if there is at hand another priest who can be present at the marriage together with the witnesses, he should be called and should assist at the marriage together with the witnesses, without prejudice however to the validity of the marriage contracted only before the witnesses.Traditionalist priests since they are schismatics and heretics do not qualify as a priest in the context of Canon 1098. However, the couple could proceed under this Canon without a priest, so the question remains. Canon 19: Laws which decree a penalty, or restrict the free exercise of one’s rights, or establish an exception from the law, must be interpreted in a strict sense.Canon 1098 is an exception to the general law of the Church requiring the assistance of the Ordinary or Pastor. Traditionalist bishops and priests readily admit that they are not the Ordinary or Pastor, so their assistance is extraordinary, invoking the provisions of Canon 1098. Code Commission, 10 November, 1925: Whether according to Canon 1098, for the valid and licit contracting of marriage before witnesses only, the fact of the pastor’s absence is sufficient, or is it also necessary that there exist a moral certainty, based either on common knowledge or on inquiry, that for one month the pastor will be neither available nor accessible without grave inconvenience? Reply In the negative in the first part; in the affirmative in the second part. Allow Us to translate this. The Code Commission declared that a moral certainty of the absence of the required pastor and Ordinary based upon common knowledge or investigation must be obtained before canon 1098 can be lawfully invoked. Now the parties are not required to know the number of the Canon, but they are required to establish with moral certainty that the pastor adn Ordinary are unavailble and this is likely to continue for the next month. If they do not establish this certainty, then the marriage is invalid. We will presume that Traditionalists are baptized in the Catholic Church in so far as marriage law is concerned. And so let us apply this to the various cases that can present themselves. However, before proceeding, since most proceed in good faith, the solution is simple upon realizing the truth. All a couple must do is apply to the Pope either for revalidation or sanation. It should be noted that each case must be analyzed by the Church and her lawful pastors. What follows are some general observations. The ability to declare a marriage that has been attempted, even if invalidly, is reserved to the Roman Pontiff wiht a few cases delegated by Canon law to the Local Ordinary. No other person, be he priest, bishop, archbishop or Cardinal can make a declaration of nullity or grant an anullment on any pretext whatsoever. Further is should be noted that the Nuptial Blessing granted by any Traditionalists is invalid due to lack of jurisdiction, and can be received upon entrance into the Catholic Church.Sede Vacantists
Since the basic principle of sede vacantism is the vacancy of the papacy, which includes also a vacancy of all of the Residential Episcopal Sees (Ordinaries) and all of the Pastoral offices, they have reached a common knowledge of said vacancy, so the marriages of sede vacantists among themselves are presumptively valid. Although this theory is illogical and rejects many doctrines of the Papacy, apparently this theory also implies the presumptive vacancy required by canon 1098 and thus such marriages would be presumptively valid. This organization by its very size requires special consideration. This organization decalres that the usurpers from Roncalli to Ratzinger are the valid occupants of the Apostolic See. If this were true, then their appointment of men as Ordinaries would also have to be valid, and the appointment of Pastors by Ordinaries would also be presumptively valid. Further they have people apply for an anullment from the Pog Church prior to granting one themselves, which proesumes the validity of these anullments and the officials granting them. Therefore their marriages would be presumptively invalid, unless certainty was obtained in an individual case. Upon entrance to the Church, these people may apply for sanation or revalidation. What is said of the SSPX applies also to all sede occupantists. Society of Saint Peter
Since this organization is part of the Pog Church visibly, they claim to have delegation of the Ordinary or Pastor in cases of marriage. Since the delegation is invalid, the marriage is also invalid. The same is true of marriages between a baptized Catholic and anyone in the Pog Church.Mixed Marriages
A mixed marriage is a marriage between two baptized people,one of whom is a Baptized Catholic and the other is not.Canon 1060: The Church, most solemnly and everywhere forbids marriages between a Catholic and a person enrolled in an heretical or schismatical sect. If there is danger of perversion for the Catholic party and the offspring, such marriage is forbidden also by the divine law. However, such marriage is valid, provided the Catholic form is observed. And so we must observe that any dispensation by a Traditionalist is invalid. And so we can foresee many possible cases. Remember each group above must hold the other groups as non-Catholics with the exception of the Society of Saint Peter. This society holds that Novus ordo members are equally Catholic as they are. Let us consider the various combinations. First some are easily declared invalid, since if they remained within their own sect, their marraige is presumptively invalid:Marriages between the SSPX and the Society of Saint Peter or the Pog Church, as well as marriages between the Society of Saint Peter and the rest of the Pog Church are presumptively invalid. Marriages between old-Catholics, the Orthodox and any Traditionalist would be presumptively invalid. Actually the only marriages that would be presumptively valid would be between sede vacantists and sede impeditists, who follow the fallacy of Fr. Guerard des Lauriers. Let us take the case of a sede vacantist marrying a Pog. All members of the Pog Church consider their Pog pastor as lawful, therefore they presume he is available, unless in a specific case they have dertermined otherwise. Therefore such a marraige is presumptively invalid. When Will Traditionalist No Longer Be Presumptively Baptizing in the Catholic Church?
This is a hard question to answer as We have seen no declaration on the matter in similar cases. Impediments
All dispensations given by Traditionalists are invalid. Please see Impediments for more information.Nuptial Blessing
Since Traditionalists admit to not possessing ordinary jurisdiction, they cannot valid confer the nuptial blessing. 
Michael Fighting
