COULD CATHOLICS IN FREE UNIONS OR CIVIL MARRIAGES RECEIVE HOLY COMMUNION?
THE CATHOLIC TEACHING IN THE WORDS OF ST. JOHN PAUL II.

Free unions among Catholics are those unions which do not have any publicly recognized institutional bonds, whether civil or religious. They are also known as “live in” or cohabitation among Catholics who are not married.

Catholics in civil marriages are those unions among Catholics carried out before a human institution, that is, before a judge, or mayor, who has received from the State the authority to witness and proclaim such unions.

The question is: Could Catholics in free unions (live-in partners) or in civil marriage receive Holy Communion? What is the doctrine of the Catholic Church?

Below you have the response of the now St. John Paul II, taken from the Apostolic Exhortation, Familiaris consortio, nn. 81-82.

“b) De Facto Free Unions

81. This means unions without any publicly recognized institutional bond, either civil or religious. This phenomenon, which is becoming ever more frequent, cannot fail to concern pastors of souls, also because it may be based on widely varying factors, the consequences of which may perhaps be containable by suitable action.

Some people consider themselves almost forced into a free union by difficult economic, cultural or religious situations, on the grounds that, if they contracted a regular marriage, they would be exposed to some form of harm, would lose economic advantages, would be discriminated against, etc. In other cases, however, one encounters people who scorn, rebel against or reject society, the institution of the family and the social and political order, or who are solely seeking pleasure. Then there are those who are driven to such situations by extreme ignorance or poverty, sometimes by a conditioning due to situations of real injustice, or by a certain psychological immaturity that makes them uncertain or afraid to enter into a stable and definitive union. In some countries, traditional customs presume that the true and proper marriage will take place only after a period of cohabitation and the birth of the first child.

Each of these elements presents the Church with arduous pastoral problems, by reason of the serious consequences deriving from them, both religious and moral (the loss of the religious sense of marriage seen in the light of the Covenant of God with His people; deprivation of the grace of the sacrament; grave scandal), and also social consequences (the destruction of the concept of the family; the weakening of the sense of fidelity, also towards society; possible psychological damage to the children; the strengthening of selfishness).

The pastors and the ecclesial community should take care to become acquainted with such situations and their actual causes, case by case. They should make tactful and respectful contact with the couples concerned, and enlighten them patiently, correct them charitably and show them the witness of Christian family life, in such a way as to smooth the path for them to regularize their situation. But above all there must be a campaign of prevention, by fostering the sense of fidelity in the whole moral and religious training of the young, instructing them concerning the conditions and structures that favor such fidelity, without which there is no true freedom; they must be helped to reach spiritual maturity and enabled to understand the rich human and supernatural reality of marriage as a sacrament.

The People of God should also make approaches to the public authorities, in order that the latter may resist these tendencies which divide society and are harmful to the dignity, security and welfare of the citizens as individuals, and they must try to ensure that public opinion is not led to undervalue the institutional importance of marriage and the family. And since in many regions young people are unable to get married properly because of extreme poverty deriving from unjust or inadequate social and economic structures, society and the public authorities should favor legitimate marriage by means of a series of social and political actions which will guarantee a family wage, by issuing directives ensuring housing fitting for family life and by creating opportunities for work and life.

c) Catholics in Civil Marriages

82. There are increasing cases of Catholics who for ideological or practical reasons, prefer to contract a merely civil marriage, and who reject or at least defer religious marriage. Their situation cannot of course be likened to that of people simply living together without any bond at all, because in the present case there is at least a certain commitment to a properly-defined and probably stable state of life, even though the possibility of a future divorce is often present in the minds of those entering a civil marriage. By seeking public recognition of their bond on the part of the State, such couples show that they are ready to accept not only its advantages but also its obligations. Nevertheless, not even this situation is acceptable to the Church.

The aim of pastoral action will be to make these people understand the need for consistency between their choice of life and the faith that they profess, and to try to do everything possible to induce them to regularize their situation in the light of Christian principle. While treating them with great charity and bringing them into the life of the respective communities, the pastors of the Church will regrettably not be able to admit them to the sacraments.“

Excerpt from John Paul II, Familiaris consortio, nn. 81-82 in http://www.vatican.va/content/john-paul-ii/en/apost_exhortations/documents/hf_jp-ii_exh_19811122_familiaris-consortio.html . Emphasis mine.