Archbishop declares nullity of marriage between 2 transgender persons in Argentina

The archbishop of Corrientes, Argentina, José Adolfo Larregain, confirmed that the marriage between two transgender persons, which took place in January in the archdiocese, has been annulled because it did not meet the requirements established by the Code of Canon Law and generated confusion among the faithful.

The ceremony was performed on Jan. 28 at Our Lady of Pompeii Parish between two transgender persons, one biologically male and the other biologically female, who legally changed their names and genders on their national identity documents under Argentina’s gender identity law.

On Feb. 8, the Archdiocese of Corrientes issued a statement announcing that it would apply the corresponding “canonical disciplinary measures.”

In that context, Larregain explained to ACI Prensa, the Spanish-language sister service of EWTN News, that the annulment of the sacrament had already been promulgated and explained that the decree “specifically considers that the Church, by virtue of safeguarding the sacraments entrusted by Christ, establishes through the Code of Canon Law and Church discipline the essential conditions for the validity and licitness of the sacrament of marriage, and that the omission of such requirements prevents this aforementioned celebration from being considered sacramental.”

The prelate pointed out that the marriage lacks canonical validity and that its public nature “generated confusion among the faithful.”

The annulment was based on two reasons, Larregain explained, noting that “every sacrament is constituted by matter and form. In this case, the sacrament of marriage consists of the contracting parties and the marital exchange of consent. Here, the matter and the form are absent. Why? First, for ontological reasons, and second, for phenomenological reasons. The ontological aspect relates to what is; the phenomenological aspect, to what is seen or what is shown.”

“Here there is a contradiction, a dissonance between the ontological and the phenomenological. And so, for that reason, it is declared null ipso facto. What does that mean? It is null at that very moment, because it does not effect the sacrament; that is, there is no sacrament as such,” he emphasized.

Based on these facts, and by virtue of his ordinary authority, the bishop “acts ex officio to safeguard the good of souls, the juridical order of the Church, and the correct understanding of the sacraments,” he added.

Thus, the promulgated decree “simply formally declares what happens ipso facto, precisely because it does not have a sacramental character nor meet the conditions required by the Code of Canon Law.”

Larregain also considered it very important “to take into account sacramental theology when celebrating the sacraments and their correct administration.” To this end, he also highlighted the importance of the provisions in the 2023 declaration Fiducia Supplicans, a document from the Dicastery for the Doctrine of the Faith on the pastoral meaning of blessings.

“It clearly specifies these situations so that there is no confusion regarding the administration of sacraments,” he pointed out.

Regarding the disciplinary aspect, the archbishop clarified, “action was taken in accordance with the law,” so “this process is now concluded,” he stated.

This story was first published by ACI Prensa, the Spanish-language sister service of EWTN News. It has been translated and adapted by EWTN News English.