First of all it is necessary to rediscover the positive capacity that in principle every human person has to marry by virtue of his very nature as man or woman. Indeed, we run the risk of falling into a form of anthropological pessimism which, in the light of the cultural situation today, considers marriage as almost impossible. Besides the fact that such a situation is not uniform in the various regions of the world, one cannot confuse the real difficulties confronting many, especially young people who conclude that marital union is normally unthinkable and impracticable with the true incapacity of consent. Rather, reaffirming the innate human capacity for marriage is precisely the starting point for helping couples discover the natural reality of marriage and the importance it has for salvation. What is actually at stake is the truth about marriage and about its intrinsic juridical nature (cf. Benedict XVI, Address to the Roman Rota, 27 January 2007), which is an indispensable premise if people are to understand and evaluate the capacity required to wed.
In this sense the capacity must be associated with the essential significance of marriage, that is “the intimate partnership of life and the love which constitutes the married state has been established by the Creator and endowed by him with its own proper laws” (Second Ecumenical Vatican Council, Pastoral Constitution, Gaudium et spes, n. 48), and, in a particular way, with the essential obligations inherent to it, that must be assumed by the couple (can. 1095, n. 3).
“What is actually at stake is the truth about marriage and about its intrinsic juridical nature”. The word “juridical” here reminds me of the response of the TEC executive council to the Anglican Covenant. They did not want a “juridical” relationship to the Anglican Communion. Of course the idea of obedience is a part of a juridical relationship.
Because marriage is (rightly) considered a sacrament by the Roman Church it is intrinsically linked to our understanding of the headship of Christ to his body the church. To obfuscate the concept of marriage is to undermine the church itself.