A Catholic archdiocese in Argentina has opened a canonical investigation into the celebration of a marriage between two people who publicly identify as transgender, despite earlier consultation at the highest diocesan level.
The Archdiocese of Corrientes confirmed on February 8 that it is examining the circumstances surrounding a wedding celebrated on January 28 at Our Lady of Pompeii parish in the city of Corrientes. The couple, Solange Ayala and Isaías, are known locally as activists and publicly present themselves as members of the opposite sex to their biological identity.
According to Argentine reports, Ayala is biologically male and presents as female, while Isaías is biologically female and presents as male. The parish priest proceeded with the ceremony after consultation with Archbishop José Adolfo Larregain. It was understood that, on the basis of the couple’s biological sex, there was no canonical impediment to the validity of the marriage.
Under canon law, the essential requirement for a valid Catholic marriage is that it be contracted between one baptised man and one baptised woman, freely consenting and without impediment. The internal disposition of the parties and the authenticity of their consent are also required. In this case, the biological sex of the couple appears to have been the decisive consideration in determining that the essential matter of the sacrament was present.
However, following widespread media coverage and criticism, the archdiocese issued a statement announcing the opening of a canonical investigation. It said that it sought to “review the facts and determine responsibilities” connected with the authorisation and celebration of the marriage. The statement indicated that certain ecclesiastical documentation had not been received by the archdiocesan offices prior to the ceremony.
The archdiocese warned that “the omission of essential canonical conditions distorts the profound meaning of the sacrament and generates confusion among the faithful”. It added that the investigation would assess whether disciplinary measures were warranted.
This development followed comments by Ayala to local media stating that the priest had consulted Archbishop Larregain before proceeding. According to those reports, the archbishop had indicated that, judged strictly on biological sex, the couple met the fundamental canonical requirements for marriage.
The apparent change in position between prior consultation and the subsequent announcement of an investigation has added to the controversy. No formal disciplinary action has been announced, and the archdiocese has not indicated a timeframe for the conclusion of its inquiry.
Argentina was the first country in Latin America to legalise same-sex civil marriage in 2010. It also enacted expansive gender identity legislation in 2012, allowing individuals to change their legal gender without medical intervention. The Catholic Church in Argentina opposed the civil redefinition of marriage at the time, warning of its implications for the family and society.
