from the Encyclical, "Casti Connubii," Pius XI, Dec. 31, 1930




First, then, let this remain as an unchangeable and inviolable basis; marriage was not instituted or restored by man but by God; not by man but by the very author of nature. God; and by the restorer of the same nature was it fortified, confirmed, and elevated through laws; and these laws, therefore, cannot be subject to any decision of man and not even to any contrary agreement on the part of the spouses themselves. This is a doctrine of Holy Scripture [Gen. 1:27 f.; 2:22 f.; Matt. 19:3 ff.; Eph. 5:23 ff.]; this is the continued and unanimous tradition of the Church; this is the solemn definition of the sacred Council of Trent, which declares and confirms [sess. 24; see n. 969 ff.] that the perpetual and indissoluble bond of marriage, and the unity and the stability of the same emanate from God as their author.

But, although marriage by its nature was instituted by God, nevertheless man's will has its own role, and a most noble one in it; for, every individual marriage, inasmuch as it is a conjugal union between a certain man and a certain woman, it arises only from the free consent of both spouses, and indeed this free act of the will, by which both parties hand over and accept the rights (2) proper to matrimony, is so necessary to constitute a true marriage that it cannot be supplied by any human power.(3) Yet such freedom has this purpose only, to establish that contracting parties really wish to enter upon marriage and wish to do so with a certain person or not; but the nature of marriage is wholly removed from the freedom of man, so much so that as soon as man has contracted marriage he is subject to its divine laws and essential properties. For the Angelic Doctor, discussing good faith in marriage and offspring, says: "These things are so effected in marriage by the conjugal agreement itself that if anything contrary were expressed in the consent which makes the marriage, it would not be a true marriage." (4)

By wedlock, then, souls are joined and made as one, and the souls are affected earlier and more strongly than bodies; not by any transient affection of the senses or the spirit, but by a deliberate and firm decision of the will; and from this joining of souls, with God so decreeing, a sacred and inviolable bond arises.

This entirely proper and peculiar nature of this contract makes it completely different not only from the connections of animals performed by blind instinct of nature alone, in which there is no reason nor free will, but also from those unrestrained unions of men, which are far removed from every true and honorable bond of wills, and destitute of any right to family life.

From this it is now well established that truly legitimate authority has the power by law and so is compelled by duty to restrain, to prevent, and to punish base marriages, which are opposed to reason and to nature; but since a matter is involved which follows upon human nature itself, that is no less definitely established which Our predecessor, Leo XIII, of happy memory, plainly taught: (5) "In choosing a state of life there is no doubt but that it is within the power and discretion of individuals to prefer either one of two: either to adopt the counsel of Jesus Christ with respect to virginity, or to bind himself with the bonds of matrimony. To take away the natural and primeval right of marriage, or in any way to circumscribe the chief purpose of marriage established in the beginning by the authority of God, "Increase and multiply" [Gen. 1:28], is not within the power of any law of man."

Now as We come to explain what are these blessings, granted by God, of true matrimony, and how great they are, Venerable Brethren, there come to Us the words of that very famous Doctor of the Church, whom not so long ago We commemorated in Our Encyclical Letter, Ad Salutem, published on the fulfillment of the fifteenth century after his death. St. Augustine says: "All these are blessings, because of which marriage is a blessing: offspring, conjugal faith, and the sacrament." (6) How these three headings are rightly said to contain a very splendid summary of the whole doctrine on Christian marriage, the Holy Doctor clearly shows when he says: "By conjugal faith care is taken that there be no intercourse outside the marriage bond with another man or another woman; by offspring, that children be begotten in love, nourished with kindness, and brought up religiously; but by the sacrament, that the marriage be not broken, and that the separated man or woman have intercourse with another not even for the sake of offspring. This is, as it were, the law of marriage, whereby the fruitfulness of nature is adorned and the depravity of incontinence is controlled." (7)

Thus the child holds the first place among the blessing of matrimony. Clearly the Creator of the human race Himself, who because of His kindness wished to use men as helpers in propagating life, taught this in Paradise, when He instituted marriage, saying to our first parents, and through them to all spouses: "Increase and multiply and fill the earth" [Gen. 1:28]. This thought St. Augustine very beautifully infers from the words of St. Paul the Apostle to Timothy [I Tim. 5:14]; when he says:

"So the Apostle is witness that marriage is accomplished for the sake of generation. / wish, he says, young girls to marry. And as if someone said to Him: Why? he immediately adds: To bear children, to be mothers of families" [I Tim. 5:14].(8)

Indeed, Christian parents should further understand that they are destined not only to propagate and to preserve the human race on earth, nay rather, not to raise any kind of worshipers of the true God, but to produce offspring of the Church of Christ; to procreate "fellow-citizens of the saints and members of God's household" [Eph. 2:19], that the people devoted to the worship of God and our Savior may increase daily. For, even if Christian spouses, although they themselves are sanctified, have not the power to transfuse sanctification into their offspring, surely the natural generation of life has become a way of death, by which original sin passes into the offspring; yet in some manner they share something of that primeval marriage of Paradise, since it is their privilege to offer their own offspring to the Church, so that by this most fruitful mother of the sons of God they may be regenerated through the laver of baptism unto supernatural justice, and become living members of Christ, partakers of immortal life, and, finally, heirs of eternal glory which we all desire with all our heart. . . .

But the blessing of offspring is not completed by the good work of procreation; something else must be added which is contained in the dutiful education of the offspring. Surely, the most wise God would have made insufficient provision for the child that is born, and so for the whole human race, unless He had also assigned the right and duty of educating to the same ones to whom He had given the power and right of generating. For it cannot escape anyone that offspring, not only in matters which pertain to the natural life, and much less in those which pertain to the supernatural life, cannot be sufficient unto itself or provide for itself, but is for many years in need of the assistance of others, of care, and of education. But it is certain that, when nature and God bid, this right and duty of educating offspring belongs especially to those who began the work of nature by generating, and they are also absolutely forbidden to expose this work to ruin by leaving it unfinished and imperfect. Surely, the best possible provision has been made in matrimony for this most necessary education of children, in which, since parents are joined to each other by an insoluble bond, there is always at hand the care and mutual assistance of both. . . .

Nor can this be passed over in silence, that, since the duty committed to parents for the good of offspring is of such great dignity and importance, any honorable use of this faculty given by God to procreate new life, at the command of the Creator Himself and the laws of nature, is the right and privilege of matrimony alone, and must be confined within the sacred limits of marriage.

Another blessing of matrimony which we have spoken of as mentioned by Augustine, is the blessing of faith, which is the mutual fidelity of spouses in fulfilling the marriage contract, so that what by this contract, sanctioned by divine law, is due only to one spouse, cannot be denied him nor permitted to anyone else; nor is that to be conceded to the spouse, which can never be conceded, since it is contrary to divine rights and laws and is especially opposed to conjugal faith.

Thus this faith demands in the first place the absolute unity of marriage, which the Creator Himself established in the matrimony of our first parents when He willed that it exist only between one man and one woman. And although afterwards God, the supreme legislator, somewhat relaxed this primeval law for a time, nevertheless there is no doubt that the Evangelical Law entirely restored that original and perfect unity and did away with all dispensations, as the words of Christ and the uniform way either of teaching or acting on the part of the Church plainly show [see note 969]. . . .

Nor did Christ the Lord wish to condemn only polygamy and polyandry, whether successive (9) or simultaneous, as they are called, or any other dishonorable act; but, in order that the sacred bonds of marriage may be absolutely inviolate, He forbade also even the willful thoughts and desires about all these things: "But I say to you that whosoever shall look on a woman to lust after her hath already committed adultery with her in his heart" [Matt. 5:28]. These words of Christ the Lord cannot become void even by the consent of one spouse; for they express the law of God and of nature, which no will of man can ever break or bend. (10)

Even mutual familiar intercourse between spouses, that the blessing of conjugal faith may shine with due splendor, should be so distinguished by the mark of chastity that husband and wife conduct themselves in all things according to the law of God and of nature, and strive always to follow the will of the most wise and most holy Creator, with great reverence for the work of God.

Moreover, this conjugal fidelity, most aptly called by St. Augustine (11) the "faith of chastity," will flourish more readily, and even much more pleasantly, and as ennobling coming from another most excellent source, namely, from conjugal love, which pervades all duties of the married life and holds a kind of primacy of nobility in Christian marriage. "Besides, matrimonial fidelity demands that husband and wife be joined in a peculiarly holy and pure love, not as adulterers love each other, but as Christ loved the Church; for the Apostle prescribed this rule when he said; "Husbands, love your wives, as Christ also loved the Church" [Eph. 5:25; cf. Col. 3:19]; which Church certainly He embraced with tremendous love, not for His own advantage, but keeping before Him only the good of His Spouse." (12)

We speak, then, of a love that rests not only on a carnal inclination that very quickly disappears, nor on pleasing words only, but that is also set in the innermost affection of the heart; and, "since the proof of love is a manifestation of deeds," (13) that is proven by external deeds. Now these deeds in home life include not only mutual assistance, but also should extend to this, rather should aim especially for this, that husband and wife help each other daily to form and to perfect the interior man more fully, so that through their partnership in life they may advance in the virtues more and more, and may grow especially in true love toward God and their neighbors, on which indeed "dependeth the whole Law and the Prophets" [Matt. 22:40]. Manifestly the most perfect example of ail holiness set before men by God is Christ the Lord. All, in whatever condition and whatever honorable way of life they have entered, with God's help should also arrive at the highest degree of Christian perfection, as is proven by the examples of many saints.

This mutual interior formation of husband and wife, this constant zeal for bringing each other to perfection, in a very true sense, as the Roman Catechism teaches, can be said to be the very first reason and purpose of matrimony; if, however, matrimony be not accepted too narrowly as instituted for the proper procreation and education of children, but more broadly as the mutual participation in all life, companionship, and association. With this same love the remaining rights as well as duties of marriage must be regulated, so that not only the law of justice, but also the norm of love may be that of the Apostle: "Let the husband render the debt to the wife, and the wife also in like manner to the husband" [I Cor. 7:3].

Finally, after the domestic society has been confirmed by the bond of this love, of necessity there must flourish in it that which is called by Augustine the order of love. Now this order includes both the primacy of the husband over the wife and the children, and the prompt and not unwilling subjection and obedience of the wife, which the Apostle commends with these words: "Let women be subject to their husbands as to the Lord, because the husband is the head of the wife, as Christ is the head of the Church" [Eph. 5:22 f.].

Yet this obedience does not deny or take away the liberty which by full right belongs to a woman, both in view of her dignity as a human being, and in view of her noble duties of wife, mother, and companion; nor does it demand that she obey every desire of her husband, that is, not in keeping with right reason or with her dignity as a wife; nor, finally, does it mean that a wife is to be placed on the same level with persons who in law are called minors, to whom the free exercise of their rights is not customarily granted because of lack of mature judgment, or because of inexperience in human affairs; but it forbids that exaggerated liberty which has no care for the good of the family; it forbids that in this body of the family the heart be separated from the head, to the great detriment of the whole body and the proximate danger of ruin. For, if the man is the head, the woman is the heart, and just as he holds primacy in ruling, she can and ought to claim primacy in love for herself as her own.

Furthermore, this obedience of the wife to her husband, insofar as pertains to degree and manner, can be different, according to different persons, places, and conditions of the time; rather, if a husband fail in his duty, it is the wife's responsibility to take his place in directing the family. But the very structure of the family and its chief law, as constituted and confirmed by God, can never and nowhere be overturned or tainted.


On this point of maintaining order between husband and wife Our predecessor of happy memory, Leo XIII, wisely taught in his Encyclical Letter on Christian marriage which We have mentioned: "The man is the ruler of the family and the head of the woman; yet, since she is flesh of his flesh, and bone of his bone, let her be subject and obedient to the man, not in the manner of a maidservant but of a companion, so that of course, neither honor nor dignity be lacking in the obedience rendered. But let divine charity be the unfailing guide of duty in him who is at the head, and in her who obeys, since both bear the image, the one, of Christ, the other of the Church. . . ." (14)

Yet the sum total of such great benefits is completed and, as it were, brought to a head by that blessing of Christian marriage which we have called, in Augustine's words, a sacrament, by which is denoted the indissolubility of the bond and the raising and hallowing by Christ of the contract into an efficacious sign of grace.

In the first place, to be sure, Christ Himself lays stress on the indissoluble firmness of the nuptial bond when he says: "What God hath joined together, let no man put asunder" [Matt. 19:6]; and, "Everyone that putteth away his wife, and marrieth another committeth adultery, and he that marrieth her that is put away from her husband committeth adultery" [Luke 16:18].

Moreover, St. Augustine places in this indissolubility what he calls "the blessing of the sacrament," in these clear words: "But in the sacrament it is intended that the marriage be not broken, and that the man or the woman dismissed be not joined with another, even for the sake of off- spring." (15)

And this inviolable stability, although not of the same perfect measure in every case, pertains to all true marriages; for that saying of the Lord, "What God hath joined together, let no man put asunder," although, said of the marriage of our first parents, the prototype of every future marriage, must apply to all true marriages. Therefore, although before Christ the sublimity and severity of the primeval law were so tempered that Moses allowed the citizens of the people of God because of the hardness of their hearts to grant a bill of divorce for certain causes; yet Christ in accord with His power as Supreme Legislator revoked this permission of greater license, and restored the primeval law in its entirety through those words which are never to be forgotten: "What God hath joined together, let no man put asunder." So, most wisely did Pius VI, Our predecessor of happy memory, writing to the Bishop of Agria, (16) say: "From this it is manifestly clear that matrimony, even in the state of nature, and surely long before it was raised to the dignity of a sacrament properly so called, was so established by God that it carries with it a perpetual and indissoluble bond, which, accordingly, cannot be dissolved by any civil law. And so, although the sacramental element can be separated from matrimony, as is true in a marriage between infidels, still in such a marriage, inasmuch as it is a true marriage, there must remain and surely does remain that perpetual bond which by divine right is so inherent in marriage from its very beginning that it is not subject to any civil power. And so whatever marriage is said to be contracted, either it is so contracted that it is in fact a true marriage, and then will have that perpetual bond inherent by divine law in every true marriage, or it is supposed to be contracted without that perpetual bond, and then is not a marriage, but an illicit union repugnant by its purpose to the divine law, and therefore cannot be entered upon or maintained. (17)

If this stability seems subject to exception, however rare, as in the case of certain natural marriages entered into between unbelievers, or if between the faithful of Christ, those which are valid but not consummated, that exception does not depend on the will of man or of any merely human power, but on divine law, whose only guardian and interpreter is the Church of Christ. Yet, not even such a power can for any cause ever affect a Christian marriage which is valid and consummated. For, since the marriage contract is fully accomplished in such case, so also absolute stability and indissolubility by God's will are apparent, which cannot be relaxed by any human authority.

If we wish to investigate with due reverence the intimate reason for this divine will, we shall easily discover it in the mystical signification of Christian marriage, which is fully and perfectly had in a marriage consummated between the faithful. For with the Apostle, in his Epistle to the Ephesians as witness [Eph. 5:32] (to which we referred in the beginning), the marriage of Christians recalls that most perfect union which exists between Christ and the Church: "This is a great sacrament, but I speak in Christ and in the church," which union, indeed, as long as Christ shall live and the Church through Him, surely can never be dissolved by any separation . . . .

In this blessing of the sacrament, in addition to its indissoluble firmness, far higher emoluments are also contained, very aptly indicated by the word, "sacrament"; for to Christians this is not a hollow and empty name, since Christ the Lord, "the Institutor and Perfector" (18) of the sacraments, raising the marriage of His faithful to a true and proper sacrament of the New Law, made it in very fact a sign and source of that peculiar interior grace by which it perfects natural love, confirms an indissoluble union, and sanctifies the spouses. (19)

And since Christ established valid conjugal consent between the faithful as a sign of grace, the nature of the sacrament is so intimately bound up with Christian marriage that no true matrimony can exist between baptized persons "unless by that very fact it be a sacrament." (20)

When then the faithful with sincere minds give such consent, they open up a treasure of sacramental grace for themselves, from which they draw supernatural strength for fulfilling their obligations and duties faithfully, nobly, and perseveringly even until death.

This sacrament, in the case of those who, as they say, place no obex in its way, not only increases the permanent principle of supernatural life, namely sanctifying grace, but also bestows peculiar gifts, good dispositions of mind, and seeds of grace, by increasing and perfecting the natural powers, so that the spouses are able not only to understand by reason, but to know intimately, to hold firmly, to wish efficaciously, and to carry out, indeed, whatever pertains to the marriage state, both its ends and obligations; finally, it grants them the right to obtain the actual assistance of grace as often as they need it for fulfilling the duties of this state.

And yet, since it is a law of divine Providence in the supernatural order that men do not gather the full fruit of the sacraments which they receive after acquiring the use of reason, unless they cooperate with grace, the grace of marriage will remain in great part a useless talent hidden in the field, unless the spouses exercise supernatural strength and cultivate and develop the seeds of grace which they have received. But if they do all they can to make themselves docile to grace, they will be able to bear the burdens of their state and fulfill its duties, and will be strengthened and sanctified and, as it were, consecrated by so great a sacrament. For, as St. Augustine teaches, just as by baptism and holy orders a man is set aside and assisted either to lead his life in a Christian manner, or to fulfill the duties of the priesthood, and is never devoid of sacramental help, almost in the same manner (although not by a sacramental sign) the faithful who have once been joined by the bond of marriage can never be deprived of its sacramental assistance and tie. But rather, as the same Holy Doctor adds, they take that holy bond with them even when they may have become adulterers, although not now to the glory of grace, but to the crime of sin, "as the apostate soul, as if withdrawing from union with Christ, even after faith has been lost, does not lose the sacrament of faith which it received from the laver of regeneration." (21)

But let these same spouses, not restrained but adorned by the golden tie of the sacrament, not impeded but strengthened, struggle with all their might for this end, that their wedlock, not only by the strength and significance of the sacrament, but also by their mentality and character, be and always remain the living image of that most fruitful union of Christ with the Church, which surely is to be revered as the mystery of the most perfect love.




The Abuse of Matrimony (22)

From the same Encyclical, "Casti Connubii," Dec. 31, 1930


Let us discuss the offspring, which some have the audacity to call the troublesome burden of marriage, and which they declare should be studiously avoided not by honorable continence (permitted even in matrimony when both spouses consent), but by frustration of the natural act. Indeed, some vindicate themselves for this criminal abuse on the ground that they are tired of children and wish merely to fulfill their desires without the consequent burden; others on the ground that they can neither observe continence, nor because of difficulties of the mother or of family circumstances cannot have offspring.

But surely no reason, not even the gravest, can bring it about that what is intrinsically against nature becomes in accord with nature, and honorable. Since, moreover, the conjugal act by its very nature is destined for the generating of offspring, those who in the exercise of it deliberately deprive it of its natural force and power, act contrary to nature, and do something that is shameful and intrinsically bad.

Therefore, it is no wonder that Sacred Scripture itself testifies that the divine Majesty looks upon this nefarious crime with the greatest hatred, and sometimes has punished it with death, as St. Augustine relates: "It is illicit and disgraceful for one to lie even with his legitimate wife, when conception of offspring is prevented. Onan did this; God killed him therefor." (23)

Since, therefore, certain persons, manifestly departing from Christian doctrine handed down from the beginning without interruption, have recently decided that another doctrine should be preached on this method of acting, the Catholic Church, to whom God himself has entrusted the teaching and the defense of the integrity and purity of morals, placed in the midst of this ruination of morals, in order that she may preserve the chastity of the marriage contract immune from this base sin, and in token of her divine mission raises high her voice through Our mouth and again proclaims: Any use of the marriage act, in the exercise of which it is designedly deprived of its natural power of procreating life, infringes on the law of God and of nature, and those who have committed any such act are stained with the guilt of serious sin.


Therefore, We admonish the priests who devote time to hearing confessions, and others who have care of souls, in accord with Our highest authority, not to permit the faithful committed to them to err in this most serious law of God, and much more to keep themselves immune from false opinions of this kind, and not to connive in them in any way.

If any confessor or pastor of souls, which may God forbid, either him-self leads the faithful entrusted to him into these errors, or at least either by approval or by guilty silence confirms them in these errors, let him know that he must render a strict accounting to God, the Supreme Judge, for the betrayal of his trust, and let him consider the words of Christ as spoken to himself: "They are blind, and the leaders of the blind; and if the blind lead the blind, both fall into the fit" [Matt. 15:14]. (24)

Holy Church knows very well that not rarely one of the spouses is sinned against rather than commits a sin, when for a very grave reason he permits a perversion of the right order, which he himself does not wish; and on this account he is without fault, provided he then remembers the law of charity and does not neglect to prevent and deter the other from sinning. Those spouses are not to be said to act against the order of nature who use their right in a correct and natural way, although for natural reasons of time, or of certain defects new life cannot spring from this. For in matrimony itself, as in the practice of the conjugal right, secondary ends are also considered, such as mutual aid, the cultivation of mutual love, and the quieting of concupiscence, which spouses are by no means forbidden to attempt, provided the intrinsic nature of that act is preserved, and so its due ordering is towards its primary end.

Every care must be taken lest the calamitous conditions of external affairs give occasion for a much more disastrous error. For no difficulties can arise which can nullify the obligation of the mandates of God which forbid acts that are evil from their interior nature; but in all collateral circumstances spouses, strengthened by the grace of God, can always perform their duty faithfully, and preserve their chastity in marriage untainted by this shameful stain; for the truth of the Christian faith stands expressed in the teaching of the Synod of Trent: "Let no one rashly assert that which the Fathers of the Council have placed under anathema, namely, that there are precepts of God impossible for the just to observe. God does not ask the impossible, but by His commands instructs you to do what you are able, to pray for what you are not able, and assists you that you may be able" [see n. 804]. This same doctrine was again solemnly repeated and confirmed in the condemnation of the Jansenist heresy, which dared to utter this blasphemy against the goodness of God:

"Some precepts of God are impossible of fulfillment, even for just men who wish and strive to keep the laws according to the powers which they have; grace also is lacking to them which would render this possible" [see n. 1092].




The Killing of the Foetus (25)

From the same Encyclical, "Casti Connubii," Dec. 31, 1930


Another very grave crime is also to be noted, by which the life of the offspring hidden in the mother's womb is attempted. Moreover, some wish this to be permitted according to the pleasure of the mother or father; others, however, call it illicit unless very grave reasons attend, which they call by the name of medical, social, eugenic "indication." Since this pertains to the penal laws of the state, according to which the destruction of the offspring begotten but not yet born is prohibited, all of these demand that the "indication," which they defend individually in one way or another, be recognized even by the public laws, and be declared free of all punishment. Nay rather, there are not lacking those who demand that public magistrates lend a helping hand to these death- dealing operations, something which unfortunately we all know is taking place very frequently in some places.

Now as for the medical and therapeutic "indication," to use their words, We have already said. Venerable Brethren, how sorry We are for the mother, whose health and even life are threatened by grave dangers resulting from nature's duty; but what reason can ever be strong enough to excuse in any way the direct murder of the innocent? For this is the case in point here. Whether this is brought upon the mother or the offspring, it is contrary to God's precept and the voice of nature: "Thou shalt not kill!" [Exod. 20:13]. (26) The life of each person is an equally sacred thing, and no one can ever have the power, not even public authority to destroy it. Consequently, it is most unjust to invoke the "right of the sword" against the innocent since this is valid against the guilty alone; nor is there any right in this case of a bloody defense against an unjust aggressor (for who will call an innocent child an unjust aggressor?); nor is there present any "right of extreme necessity," as it is called, which can extend even to the direct killing of the innocent.

Therefore, honorable and experienced physicians praiseworthily endeavor to protect and to save the lives of both the mother and the offspring; on the other hand, most unworthy of the noble name of physician and of commendation would they prove themselves, as many as plan for the death of one or the other under the appearance of practicing medicine or through motives of false pity.

Now what is put forth in behalf of social and eugenic indication, with licit and honorable means and within due limits, may and ought to be held as a solution for these matters; but because of the necessities upon which these problems rest, to seek to procure the death of the innocent is improper and contrary to the divine precept promulgated by the words of the Apostle: "Evil is not to be done that good may come of it" [Rom. 3:8].

Finally, those who hold high office among nations and pass laws may not forget that it belongs to public authority by appropriate laws and penalties to defend the lives of the innocent, and the more so as those whose lives are endangered and are attacked are less able to defend themselves, among whom surely infants in their mothers' wombs hold first place. But if public magistrates not only do not protect those little ones, but by their laws and ordinances permit this, and thus give them over to the hands of physicians and others to be killed, let them remember that God is the judge and the avenger of innocent "blood which cries from earth to heaven" [Gen. 4:10].




The Right to Marriage, and Sterilization (27)

From the same Encyclical, "Casti Connubii," Dec. 31, 1930

Finally, that pernicious practice should be condemned which is closely related to the natural right of man to enter into matrimony, and also in a real way pertains to the good of the offspring. For there are those who, overly solicitous about the ends of eugenics, not only give certain salutary counsels for more certainly procuring the health and vigor of the future offspring--which certainly is not contrary to right reason--but also place eugenics before every other end of a higher order; and by public authority wish to prohibit from marriage all those from whom, according to the norms and conjectures of their science, they think that a defective and corrupt offspring will be generated because of hereditary transmission, even if these same persons are naturally fitted for entering upon matrimony. Why, they even wish such persons even against their will to be deprived by law of that natural faculty through the operation of physicians; and this they propose not as a severe penalty for a crime committed, to be sought by public authority, nor to ward off future crimes of the guilt, (28) but, contrary to every right and claim, by arrogating this power to the civil magistrates, which they never had and can never have legitimately.

Whoever so act completely forget that the family is more sacred than the state, and that men are generated primarily not for earth and for time, but for heaven and eternity. And, surely, it is not right that men, in other respects capable of matrimony, who according to conjecture, though every care and diligence be applied, will generate only defective offspring, be for this reason burdened with a serious sin if they contract marriage, although sometimes they ought to be dissuaded from matrimony.

In fact, public magistrates have no direct power over the bodies of their subjects; therefore, they can never directly do harm to, or in any way affect the integrity of the body, where no crime has taken place, and no cause for serious punishment is at hand, either for reasons of eugenics, or any other purpose. St. Thomas Aquinas taught the same, when, inquiring whether human judges have the power to inflict some evil on man to ward off future evils, concedes this to be correct with reference to certain other evils, but rightly and worthily denies it with regard to injuring the body: "Never ought anyone, according to human judgment, to be punished when without guilt, by a penalty of flogging to death, or of mutilation, or of beating." (29)

Christian doctrine has established this, and by the light of human reason it is quite clear that private individuals have no other power over the members of their bodies, and cannot destroy or mutilate them, or in any other way render them unfitted for natural functions, except when the good of the whole body cannot otherwise be provided for.



The Emancipation of Women (30)

From the same Encyclical, "Casti Connubii," Dec. 31, 1930

Whoever, then, obscure the luster of conjugal faith and chastity by writing and speaking, these same teachers of error easily undermine the trustful and honorable obedience of the woman to the man. Many of them also boldly prattle that it is an unworthy form of servitude on the part of one spouse to the other; that all rights between spouses are equal; and when these are violated by the servitude of one, they proudly proclaim that a kind of emancipation has been or ought to be effected. This emancipation, moreover, they establish in a threefold way: in the ruling of domestic society, in the administration of family affairs, and in preventing or destroying of the life of the offspring, and they call these social, economic, and physiological: physiological, indeed, in that they wish women freed, or to be freed of the duties of wife, whether conjugal or maternal, at her own free will (but we have already said enough to the effect that this is not emancipation but a wretched crime); economic, of course, whereby they wish woman, even unbeknown to or with the opposition of the man, to be able freely to possess, carry on, and administer her own business affairs, to the neglect of children, husband, and the entire family; finally, social, insofar as they remove from the wife domestic cares whether of children or of family, that she may be able while neglecting these, to follow her own bent, and even to devote herself to business and public affairs.

But this is not a true emancipation of woman, nor is it a freedom which is in accord with reason, nor worthy of her and due to the office of a noble Christian mother and wife; rather it is a corruption of the feminine nature and of maternal dignity, and a perversion of the entire family, whereby the husband is deprived of a wife, the offspring of a mother, and the house and entire family of an ever watchful guardian. Rather, indeed, such false liberty and unnatural equality with man are turned to the destruction of the woman herself; for, if the woman descends from that royal seat to which she was raised within the walls of the home by the Gospel, she will shortly be reduced to ancient servitude (if not in appearance, yet in very fact), and will become, as she was among the pagans, a mere instrument of man.

But that equality of rights which is so greatly exaggerated and extended, ought to be recognized of course among those which are proper to a person and human dignity, and which follow upon the nuptial contract and are natural to marriage; and in these, surely, both spouses enjoy absolutely the same right and are bound by the same obligations; in other matters a kind of inequality and just proportion must exist, which the good of the family and the due unity and stability of domestic society and of order demand.

Nevertheless, wherever the social and economic conditions of the married woman, because of changed ways and practices of human society, need to be changed in some manner, it belongs to public authority to adapt the civil rights of woman to the necessities and needs of this time, with due consideration of what the different natural disposition of the feminine sex, good morality, and the common good of the family demand; provided, also, that the essential order of domestic society remains intact, which is founded on an authority and wisdom higher than human, that is, divine, and cannot be changed by public laws and the pleasure of individuals.



Divorces (31)

From the same Encyclical, "Casti Connubii," Dec. 31, 1930

The advocates of neopaganism, having learned nothing from the present sad state of affairs, continue daily to attack more bitterly the sacred indissolubility of marriage and the laws that support it, and contend that there must be a decision to recognize divorces, that other and more humane laws be substituted for the obsolete laws.

They bring forward many different causes for divorce, some deriving from the wickedness or sin of persons, others based on circumstances (the former they call subjective, the latter objective); finally, whatever makes the individual married life more harsh and unpleasant.

So there is prattle to the effect that laws must be made to conform to these requirements and changed conditions of the times, the opinions of men, and the civil institutions and customs, all of which individually, and especially when brought together, most clearly testify that opportunity for divorce must forthwith be granted for certain causes.

Others, proceeding further with remarkable impudence, believe that inasmuch as matrimony is a purely private contract, it should be left directly to the consent and private opinion of the two who contracted it, as is the case in other private contracts, and so can be dissolved for any reason.

But opposed to all these ravings stands the one most certain law of God, confirmed most fully by Christ, which can be weakened by no decrees of men or decisions of the people, by no will of legislators: "What God hath joined together, let no man put asunder" [Matt. 19:6]. And if a man, contrary to this law puts asunder, it is immediately illegal; so rightly, as we have seen more than once, Christ Himself has declared: "Everyone that putteth away his wife and marrieth another, committeth adultery, and he that marrieth her that is put away, committeth adultery" [Luke 16:18]. And these words of Christ refer to any marriage whatsoever, even that which is purely natural and legitimate; for indissolubility is proper to every true marriage, and whatever pertains to the loosening of the bond is entirely removed from the good pleasure of the parties concerned and from every secular power.





Foot Notes:

1. Acta Apostilicae Sedis 22 (1930), 539ff
2. Cf. Cod. Iur. Can., can. 1081, sec. 2.
3. Cf. Cod. Iur. Can., can. 1081, sec. 1.
4. Summa theol., Suppl., q.49, a.3.
5. Encyclical letter, "Rerum novarum," May 15, 1891 [Acta Apostilicae Sedis 23 (1890/91), 645; AL XI (Rome) 104].
6. St. Augustine, De bona conjugali, 24, 32 [ML 40, 394].
7. St. Augustine, Op. cit., 24, 32 [ML 40, 394].
8. St. Augustine, Op. cit., 24, 32 [ML 40, 394].
9. Sucessive polygamy is here understood as illicit wherein a wife, while the conjugal bond remains, is rejected, and another like companion is adopted.
10. Cf. decree of the Holy Office, March 2, 1679, prop. 50 [see n. 1200].
11. De bono conjugali, 24, 32 [ML 40, .394].
12. Catech. Rom., II. 8, 24.
13. St. Gregory the Great, Homil. 30 in Evange. (John 14: 23-31), n. 1 [ML 76, 1220].
14. Encyclical letter, "Arcanum divinae sapientiae," February 10, 1880 [ASS 12 (1879/80), 389; AL 2 (Romae) 18].
15. St. Augustine, De Gen. ad litt., IX 7, 12 [ML 34, 397].
16. Erlau (Eger) in Hungary.
17. Pius VI, Rescript to the Bishop of Agria, July 11, 1789 [A. de Roskovany, Matrimonium in Ecccl. cath., I (1870), 291)].
18. Council of Trent, sess. 24
19. Council of Trent, ibid.
20. Cod. Iur. Can., c. 1012
21. St. August., De nupt. et concup., 1, 10 [ML 44, 420]; cf. De bono coniug., 24, 32 [ML 40, 394].
22. Acta Apostilicae Sedis 22 (1930), 559 ff.
23. St. Augustine, De coniug. adult., 2, 12 [ML 40, 482]; cf. Gen. 38:8-10; S. Poenitent., April 3, June 3, 1916.
24. Decree of the Holy Office, November 22, 1922
25. Acta Apostilicae Sedis 22 (1930), 562 ff.
26. Cf. the decree of the Holy Office, May 5, 1898; July 24, 1895; May 31, 1884
27. Acta Apostilicae Sedis 22 (1930), 664 f.
28. Cf. Acta Apostilicae Sedis 22 (1930), 604
29. Summa theol., IIa, IIae, q. 108, a. 4, ad 2.
30. Acta Apostilicae Sedis 22 (1930), 567 f.
31. Acta Apostilicae Sedis 22 (1930), 572 ff.






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