Historically marriage was seen as primarily existing for the purpose of procreation. Thus inability of a man to consummate marriage by having vaginal sex was a ground for declaring marriage as void.
By religion Catholic Church Per Canon 1084 §3 "Without prejudice to the provisions of Canon 1098, sterility- the absolute or probable inability to have children due to defects or abnormalities in the reproductive organs or other associated organs, or of the germ cells (the ova and sperm), neither forbids nor invalidates a marriage." Both parties, however, must be physically capable of completed vaginal intercourse, wherein the man ejaculates "true semen", even if the amount is small and/or if there are no viable sperm, into the woman's vagina (even if the cervix or uterus are absent, the ova are absent or non-viable, or the vagina is deformed). (See for details.) To invalidate a marriage, the impotence must be perpetual (i.e., incurable) and antecedent to the marriage. The impotence can either be absolute or relative. This impediment is generally considered to derive from divine natural law, and so cannot be dispensed.New Commentary, Beal, et al., p. 1286. The reason behind this impediment is explained in the Summa Theologica:Summa Theologica, Supplement to the Third Part, question 58, article 1 . "In marriage there is a contract whereby one is bound to pay the other the marital debt: wherefore just as in other contracts, the bond is unfitting if a person bind himself to what he cannot give or do, so the marriage contract is unfitting, if it be made by one who cannot pay the marital debt."
By country France During the late 16th and 17th centuries in France, male impotence was considered a crime, as well as legal grounds for a divorce. The practice involved so-called "trial by congress" during which a panel made of clergy and medical professionals inspected man's ability to perform sexual acts.
There are multiple known cases of such trials between 1426 and 1712. In 1603 Jacques de Sales claimed his wife took his potency by means of magic. They were granted annulment of marriage. Marquis de Langey in 1657 was declared impotent by court and his wife was granted a divorce. In 1712 Marquis de Gesvers also was sued, but his wife died before the trial was concluded.HF01-02 MAKING THE PRIVATES PUBLIC: IMPOTENCE TRIALS IN PREREVOLUTIONARY FRANC, Journal of Urology Between 1726 and 1789 there were 25 known impotence trials, 22 of them involving men and three women.Les causes matrimoniales des officialités de Paris au Siècle des Lumières 1726-1789 Spain Multiple trials to grant annulment for divorce the grounds of both male and female impotency were held in Spain between 1650 and 1750.Female Sexual Potency in a Spanish Church Court, 1673–1735Unfit for marriage: Impotent spouses on trial in the Basque region of Spain, 1650-1750 Summary of current laws Impotence makes marriage automatically void
Civil Code, Article 156(8)
Impotence is a ground for declaring marriage voidable
Separation and annulmentAlberta Court Clarifies Consummation Requirement for Marriage Annulment (can include incapability to consummate with specific person, case law)B.C. Supreme Court annuls marriage on the basis of impotence (case law)Razavian v. Tajik, 2019 THE HINDU MARRIAGE ACT, 1955 12(a) Nullity of marriage (not directly mentioned, but may be voided if not consummated)73. Grounds for annulment of marriage Marriage Act 19(1)(e) MATRIMONIAL CAUSES ACT 5(a) Article 45 of the Family Code Law of Marriage Act Article 39 Uganda Divorce Act (excluding same-sex couples)When you can annul a marriage
California Code, Family Code - FAM § 2210(f) Idaho Statutes Title 32. Domestic Relations § 32-501. Grounds of annulment MCL - Section 552.39 Mississippi Code Title 93. Domestic Relations § 93-7-3 NE Code § 42-374 (2024) 14-04-01. Grounds for annulling marriage §48-3-103. Voidable marriages.
Impotence is a ground for declaring marriage voidable only if not disclosed before the marriage Grounds for Voidable Marriage: What You Need to Know
Colorado Revised Statutes Title 14. Domestic Matters § 14-10-111. Declaration of invalidity Qualifying for a Civil Annulment in Connecticut Delaware Code Title 13. Domestic Relations § 1506. Annulment (case law)Everything You Need to Know About Annulments in Florida Illinois Statutes Chapter 750. Families § 5/301. Declaration of invalidity--Grounds Kentucky Revised Statutes Title XXXV. Domestic Relations § 403.120.Marriage; court may declare invalid Minnesota Statutes Domestic Relations (Ch. 517-519A) § 518.02. Voidable marriages 40-1-402. Declaration Of Invalidity NJ Rev Stat § 2A:34-1 (2024) DRL 140: Action for judgment declaring nullity of void marriages or annulling voidable marriage Texas Family Code - FAM § 6.106. Impotency Wisconsin Statutes Marriage and Family (Ch. 765 to 770) § 767.313. Annulment
Impotence is not a ground for declaring marriage void MARRIAGE ACT 1961 - SECT 23B Grounds on which marriages are void
Annulment or dissolution of a marriage CHOICE OF LAW FOR IMPOTENCE AND WILFUL REFUSAL Japanese Civil Code, Article 742 Family Proceedings Act 1980 Unieważnienie małżeństwa cywilnego
See also Marriage law Erectile dysfunction
References