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Valid but illicit or valid but illegal (Latin: valida sed illicita) is a description applied in the Catholic Church to describe either an unauthorized celebration of a sacrament or an improperly placed juridic act that nevertheless has effect. Validity is presumed whenever an act is performed by a qualified person and includes those things ...
The term "valid but illicit" (or "valid but illegal") refers to an unauthorized celebration of a sacrament or the placement of a juridic act which does not follow non-essential things commanded by the law, but that nevertheless has effect.
In regard to their effect on the sacrament, [2] impediments are either diriment, which invalidate an attempted marriage, or prohibitive (or impedient), which make a marriage illicit but valid. "Diriment" comes from the Latin word dirimens ("separating"), that is, an impediment that means the couple cannot be joined. [3]
According to Catholic teaching, such ordinations are "valid but illicit." The Code of Canon Law within the Roman Catholic Church states Catholic bishops are able to ordain in holy orders, yet ordinations without authorization are deemed illicit and result in automatic excommunication (and for some, laicization, i.e., Emmanuel Milingo).
The Catholic Church does recognize, as valid but illicit, ordinations done by some independent Catholic groups such as the Old Catholic Church of the Utrecht Union and the Polish National Catholic Church, so long as those receiving the ordination are baptized males and a valid rite of episcopal consecration—expressing the proper functions and ...
For instance, while under the 1917 Code solemn vows rendered a subsequent marriage invalid, but simple vows only made the marriage illicit, the current Code of Canon Law states that "those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage". [24]
Disparity of worship does not affect the marriage of a Catholic or baptized non-Catholic with one whose baptism, even after careful investigation concerning the baptismal ceremony or its validity, remains doubtful. Neither does it in any way influence the marriage of two who, after diligent examination, are still considered doubtfully baptized.
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