Английская Википедия:Delpit marriage case

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The Delpit marriage case, sometimes known as the Delpit affair (Шаблон:Lang-fr), was a controversy concerning marriage and religion in Quebec at the turn of the 20th century.

On 2 May 1893, Édouard Delpit, aged 23, married Marie Berthe Aurore Jeanne Côté, aged 16 and 2 months, in Montreal. At birth, both Delpit and Côté were Catholic. They later abandoned the faith. They were married by Reverend William S. Barnes, a Unitarian minister.Шаблон:Sfn[1]

The marriage did not go well. Côté filed for divorce in court.Шаблон:Sfn After Côté's filing, Delpit sought assistance from the "ecclesiastical authorities",Шаблон:Sfn requesting a declaration that the marriage was a nullity.[1] Delpit argued that his marriage to Côté was a clandestine marriage because Delpit and Côté were Catholic but had been married by a Protestant.Шаблон:Sfn A clandestine marriage was a marriage performed contrary to canon law.[2]

Delpit won initially. Monsignor Marois,Шаблон:Efn the vicar general of Quebec, declared the marriage void in canon law.[3] On 23 November 1900, an ecclesiastic judgment issued at Rome confirmed the Quebec determination, holding that the Delpit marriage was void in canon law because clandestine.Шаблон:Sfn On 13 January 1901, Archbishop Paul Bruchési sent a pastoral letter to Quebec churches stating that civil courts had no authority to overturn ecclesiastical authorities' determination of a marriage's validity.[4] On 16 January, Delpit filed in the Quebec Superior Court to request that the judgment at Rome be given effect in Quebec.[5]

On 30 March, in a judgment cited 20 RJQ (CS) 338, Justice John Sprott Archibald[6] of the Superior Court held that ecclesiastical authorities had no power to declare a marriage void in Quebec civil law—and therefore that the marriage was valid in Quebec.[7]

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