The Grave Defect of Discretion of Judgment Necessary to Establish the Invalidity of Marriage under Canon 1095, 2°

Canon 1095, 2º provides that “those who suffer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted” are incapable of marriage because of a lack of capacity to give matrimonial consent. This canon has been frequently relied upon by many tribunals in the adjudication of marriage cases. It has also been the focus of several Papal allocutions to the Roman Rota expressing concern about tribunals granting declarations of nullity “on the pretext of immaturity or psychic weakness.” In 2005, the Instruction Dignitas Connubii amplified the requirements of canon 1095, 2º. This article will seek a proper understanding of a grave defect of discretion of judgment under canon 1095, 2º by first examining how discretion of judgment can be defective and then exploring what constitutes such a defect as grave.