http://sspx.org/en/content/29002The validity of SSPX Marriages
From now on, just as we no longer have to invoke an extraordinary jurisdiction to hear confessions validly, we no longer have to invoke the state of necessity to validly marry couples, unless the bishop opposes the new provisions and refuses the delegation requested by the pope.
This does not mean that the state of grave necessity has come to an end, but only that the authorities of the Church no longer refuse to grant Tradition some means of development. The pre-conciliar Mass was recognized in 2007 as never having been abrogated. The unjust excommunications of the bishops of the Society were lifted in 2009. The non-recognition of the valid ministry of SSPX priests in the sacrament of penance came to an end in 2015. The alleged irregularity of the Society priest, the authorized witness to the sacrament of marriage, has now been lifted, for the good of the spouses.
However, just as the sacrament of penance was not invalidly conferred by the priests of the Society of St. Pius X before 2015, neither were the marriages celebrated without the official delegation of the local bishop or parish pastor.
Indeed, Church law states that in order to be valid, a marriage must be celebrated before the parish priest or his delegate, and in the presence of at least two witnesses (
1917 Code, canon 1094;
1983 Code, canon 1108). But the priests of the Society of St. Pius X are not parish priests. That is why some try to pretend that, without a delegation, a priest of this society cannot receive marriage vows. Such a marriage would be invalid because of its lack of canonical form.
But the same Church law also provides for the following extraordinary situation (
1917 Code, canon 1098;
1983 Code, canon 1116): “If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience.” If this situation is likely to last at least one month, then the Church declares valid a marriage celebrated before only the witnesses. If a non-delegated priest can be present, he must be called upon to receive the vows. This legislation is a simple application of the fundamental principles of Canon law: The supreme law is the salvation of souls, and The sacraments are for men who are well-disposed.
And if by chance there still remains any doubt as to this extraordinary situation, we answer that in cases of doubt, the Church gives supplied jurisdiction (
1917 Code, canon 209;
1983 Code, canon 144). So all doubt is removed, and the marriages celebrated in the Society of St. Pius X, even without a delegation, were most certainly valid, because of the state of necessity.
The State of Necessity Remains
This state of grave necessity in the Church has not disappeared. This is not to deny the terrible reality.