The Weekly Francis – 13 October 2015

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This version of The Weekly Francis covers material released in the last week from 17 September 2015 to 13 October 2015.

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  • “Dear young friends, ask the Lord for a free heart so as not to be ensnared by the false pleasures of the world.” @Pontifex 8 October 2015
  • “Work is important, but so too is rest. Shouldn’t we learn to respect times of rest, especially Sundays?” @Pontifex 10 October 2015
  • “Let us learn solidarity. Without solidarity, our faith is dead.” @Pontifex 13 October 2015

The Weekly Francis – 6 October 2015

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This version of The Weekly Francis covers material released in the last week from from 5 September 2015 to 4 October 2015.

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Good News from the Synod–9 things to know and share

peter-erdoRemarks made by a key official at the opening of the current Synod of Bishops seem cool to the idea that there will be a change in the Church’s doctrine and practice regarding the divorced and civilly remarried.

This comes as heartening news to supporters of the Church’s historic doctrine and discipline.

Here are 9 things to know and share . . .

 

1) What is at issue here?

Jesus Christ taught that marriage is indissoluble. Consequently, a civil divorce does not free one from the commitments one made to be faithful to one’s spouse.

To obtain a civil divorce and then marry someone else, without establishing that the first marriage was null, is thus to enter a state of ongoing adultery.

As Jesus pointedly teaches in the readings for Sunday, October 4 (notably, the readings for the very day the Synod began):

Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery (Mark 10:11-12).

The Church also teaches that adultery is a gravely sinful act that prevents one from receiving the sacraments.

Therefore, people living in such situations cannot receive Holy Communion unless they rectify their situation (e.g., by obtaining and annulment and marrying their current partner, by living chastely with their current partner and avoiding scandal, or by separating).

 

2) Who has been proposing a change in this practice?

According to a proposal advanced by the German Cardinal Walter Kasper, people who have divorced and civilly remarried could be given Holy Communion under certain circumstances.

This proposal has been picked up by a number of churchmen, particularly from Europe and especially by other German bishops.

It has met with stiff opposition from other churchmen, who point out that it is inconsistent with the Church’s teachings as described above.

 

3) What is the Synod of Bishops?

The Synod of Bishops is an advisory body that meets to consider questions and then make recommendations to the pope. It does not have authority on its own. It merely advises.

The current Synod of Bishops is devoted to the theme of how to offer pastoral care to the family.

It follows and is meant to complete the work of another synod, also on the family, which was held in 2014.

 

4) What has happened that gives hope to supporters of the Church’s historic teaching and practice?

Several things. Among them:

a) Before the present synod began, Pope Francis revised the Code of Canon Law to include a streamlined annulment process, making it easier for people living in irregular situations to pursue an annulment.

He did not change the grounds on which annulments are granted, but he introduced procedural changes to make it easier to have one’s case heard in a timely fashion (in some countries, processing the case could take a decade, resulting in some people refusing to use the process and simply getting civilly remarried after a divorce).

This action would take some of the pressure off the question, and it was widely interpreted as making a change in the Church’s historic practice less likely.

b) Various officials have downplayed the idea of there being a change in the Church’s doctrine.

At a press conference on Monday, Msgr. Bruno Forte, special secretary to the Synod, stated: “It will not lead to doctrinal changes, because it is about pastoral attention, pastoral care. We are about resonating pastorally.”

Similarly, Cardinal André Vingt-Trois, a delegate president to the synod, said that if one is looking “for a spectacular change in the Church’s doctrine you will be disappointed.”

However, advocates of the Kasper proposal have often said that the Church’s doctrine on the indissolubility of marriage is not in question and have claimed that giving Communion to the divorced and civilly remarried would not represent a doctrinal change (though this appears false).

c) Consequently, affirmations that the Church’s doctrine will not change may not address the issue in question. This means that the most significant development is found in remarks made at the synod by Hungarian Cardinal Peter Erdo.

 

5) Who is Cardinal Erdo?

Cardinal Peter Erdo is the Primate of Hungary. You can read more about him here.

For our purposes, the important thing is that he is the relator general of the synod.

This makes his remarks particularly significant, because his job as relator is not to express his personal opinions.

The relator general’s function is to make certain official reports, each known as a relatio.

Consequently, though Cardinal Erdo has personally expressed opposition to the Kasper proposal, what he says in his official reports is not simply an expression of his personal opinion. He is speaking in an official capacity.

 

6) When did he make his recent remarks?

He made them on Monday, October 5, in the course of his first report—the Relatio ante Disceptationem (i.e., the Report Before the Discussion)—whose function is to summarize the “working document” (Latin, Instrumentum laboris) which was prepared as a basis for the bishops to use during the synod.

The function of the Relatio ante Desceptationem is to inform the discussion that will take place at the synod, based on information received from bishops around the world in preparation for the synod.

This year’s relatio was titled “The Vocation of the Family in the Church and Contemporary World.”

According to Vatican Radio:

Cardinal Erdö explained [at Monday’s press conference] that his introductory address had followed the structure of [the] Instrumentum Laboris. “I tried to systematize all the data which was received from the Church around the world, including families and individuals who wrote to us, following the themes already in [the] Instrumentum Laboris.”

You can read the Instrumenum Laboris here.

 

7) What did Cardinal Erdo say?

At the time of this writing, an English translation of the full speech is not available, though one should be soon. However, according to the National Catholic Reporter:

Erdő said a “merciful pastoral accompaniment is due” to such persons [i.e., the divorced and civilly remarried], but that it cannot leave in doubt “the truth of indissolubility of marriage, taught by Jesus Christ himself.”

“The mercy of God offers the sinner forgiveness, but requires conversion,” said the cardinal.

The affirmation of Christ’s teaching on the indissolubility of marriage is good, as is the affirmation of the need of conversion for forgiveness.

Yet, by themselves, these could be interpreted in a way consistent with the Kasper proposal, since advocates of it have claimed that they do not deny the former and they have urged a “penitential path” (and thus conversion) regarding the failure of the first marriage.

What Cardinal Erdo went on to say, however, was not consistent with the Kasper proposal:

“It is not the failing of the first marriage but the living in a second relationship that impedes access to the Eucharist.”

This hits the nail on the head.

First, not all divorced people are at fault for the failure of their marriage, much less are they guilty of mortal sin that would keep them from Communion. Second, even if they were guilty of mortal sin, simply repenting and going to confession would take care of the problem.

The reason people who are divorced and civilly remarried are not able to receive Communion is that, unless they are living chastely, they are engaging in an ongoing adulterous relationship.

As one wag put it, paraphrasing the 1992 Clinton campaign, “It’s the adultery, stupid.”

Having the fact pointed out that it is the second relationship, not the failure of the first, that impedes access to Holy Communion is a very good and clear-headed sign.

Cardinal Erdo then went on to critique some of the arguments used in favor of the Kasper proposal.

 

8) What arguments for the Kasper proposal did he critique?

One was the suggestion that, unless they are given Communion, the divorced and civilly remarried are cut off from the life of the Church:

Referencing Pope John Paul II’s 1981 apostolic exhortation Familiaris Consortio, Erdő said “integration of divorced and remarried persons in the life of the ecclesial community can be realized in various ways, apart from admission to the Eucharist.”

It is to be noted that Familiaris Consortio was issued in response to the 1980 Synod of Bishops, which was also on the topic of the family. In this document, John Paul II rejected prior proposals to give Communion to the divorced and civilly remarried who had not rectified their situation in one manner or another (see section 84 of the document), so Cardinal Erdo was calling attention to a proposal that had already been discussed and rejected.

He also critiqued the proposal that Communion could be given on the basis of certain “positive aspects” in adulterous unions:

“In the search for pastoral solutions for the difficulties of certain civilly divorced and remarried persons, it is presently held that the fidelity to the indissolubility of marriage cannot be joined to the practical recognizing of the goodness of concrete situations that stand opposed and are therefore incompatible,” said the cardinal.

And he critiqued the idea that an appeal to the “law of gradualism” could justify a change in the Church’s teaching and practice (see also section 34 of Familiaris Consortio):

“Indeed, between true and false, between good and evil, there is not a graduality,” he continued. “Even if some forms of living together bring in themselves certain positive aspects, this does not mean that they can be presented as good things.”

 

9) What does this mean going forward?

It does not mean that there will be no further discussion of the Kasper proposal. In fact, there is certain to be further discussion of it. Cardinal Erdo acknowledged as much. According to Vatican Insider:

In his speech, he mentioned “the need for further reflection on the penitential path. . . .”

However, to have the relator general of the synod frame the discussion in this way at the outset is a good sign.

Cardinal Erdo was not meant to be speaking for himself in these remarks but to be summarizing the feedback from bishops around the world in preparation for the current synod.

For purposes of comparison, see the relatio that Cardinal Erdo gave at the beginning of the 2014 synod. It does not contain anything like the present remarks rejecting the Kasper proposal. This represents a shift in the discussion of the question.

According to Vatican Insider, at the Monday press conference, Cardinal Erdo based his relatio on the feedback that came to the Vatican between the two synods:

“I was trying to bring together all the elements of the Church’s voice,” Erdö said. He added that “most of the responses reflected a wish” for the magisterium’s existing documents on this issue to be “taken into consideration.”

It is also unlikely that Cardinal Erdo included these remarks in his presentation without them being approved first. Barring explosive backlash and overt clarification, we may conclude that he did have approval.

Failing such clarification, it is less likely than it might have been otherwise that the present synod will recommend the Kasper proposal for Pope Francis’s consideration.

This, in turn, means it is less likely that Pope Francis would implement the Kasper proposal following the synod.

So Cardinal Erdo’s remarks are positive news for supporters of the Church’s historic doctrine and discipline on this point, though they by no means settle the matter.

As a result, supporters should not slack off in pressing their case, however. Upon hearing this news, a wise response would be, “Great, kid. Don’t get cocky.”

Did Pope Francis Really Say Jesus Was a Failure?

pope-francis-st-patrickIn his recent homily at St. Patrick’s Cathedral, Pope Francis made a comment that some have leapt on as yet another outrage committed by the pope.

Allegedly, Pope Francis said that Jesus was a failure.

I’d provide links, but I don’t want to give the outrage mongers the traffic.

I have, however, received several queries from people saying they are troubled and wonder what to make of the remark.

So for those concerned by the situation, let’s take a look at it.

 

1) What did Pope Francis actually say?

In his Sept. 24 vespers homily at St. Patrick’s Cathedral, in which he was addressing a group of priests and religious, Pope Francis said:

We can get caught up measuring the value of our apostolic works by the standards of efficiency, good management and outward success which govern the business world.

Not that these things are unimportant!

We have been entrusted with a great responsibility, and God’s people rightly expect accountability from us.

But the true worth of our apostolate is measured by the value it has in God’s eyes.

To see and evaluate things from God’s perspective calls for constant conversion in the first days and years of our vocation and, need I say, it calls for great humility.

The cross shows us a different way of measuring success.

Ours is to plant the seeds: God sees to the fruits of our labors.

And if at times our efforts and works seem to fail and produce no fruit, we need to remember that we are followers of Jesus… and his life, humanly speaking, ended in failure, in the failure of the cross.

 

2) People are really upset about that?

Yes.

 

3) Really?

Yes. Next question.

 

4) Why would they be upset about it?

I’m not going to go into the psychology of the outrage mongers, beyond noting that they appear to have an anti-Francis animus that distorts their ability to read straightforward texts.

However, they are objecting to the statement that Jesus’ “life . . . ended in failure, in the failure of the cross.”

 

5) But wait! Didn’t you just omit an important qualifier in what the pope said?

Yes. The ellipsis (i.e., the “ . . . ”) in the above statement replaces the all-important qualifier “humanly speaking.”

It’s only by omitting or ignoring or misunderstanding this qualifier that one could take offense at the pope’s remark.

This qualifier tells the listener (or reader) that the statement is only an apparent, not an actual, description of affairs.

Pope Francis means that from a superficial, human point of view Jesus’ death might make it look like he was a failure, but from God’s perspective, this was not so.

 

6) How would that human assessment work?

In Jesus’ day, people expected the Messiah to lead a triumphant rebellion against the Romans, restore political independence to Israel, and reign in Jerusalem as a Davidic king.

Jesus didn’t do any of those things.

Instead, the Romans killed him, and they did so in a particularly painful and humiliating way via his death on a cross.

Similarly, his followers were scattered and took to meeting in secret after his crucifixion.

From the perspective of most people of the day, based on their expectations of what the Messiah would do, he looked like a failed political revolutionary.

 

7) How does that contrast with the true perspective on Jesus?

From God’s perspective, Jesus did exactly what he was supposed to.

He was never meant to lead a political rebellion against the Romans. He expressly told the Roman governor, “My kingdom is not of this world” (John 18:36).

Instead, he fulfilled God’s plan precisely by dying on the cross.

And, while his followers may have been scattered and driven to meeting secretly for a time, they later became a massive movement that converted the Roman Empire to the Christian Faith.

Even in the first generation of that process, the early Christians could be described as having “turned the world upside down” (Acts 17:6).

While, from a human perspective, Jesus and his movement looked like failures at the moment he was killed, from God’s perspective, Jesus was a success, and in time this would be revealed by the fruit his movement bore.

 

8) How do we know this is what Pope Francis has in mind?

Well, the phrase “humanly speaking” tells the reader that the pope is setting up precisely this kind of contrast between the human and the divine perspective.

So does the surrounding text. Look at the beginning of the quotation above: The pope is telling priests and religious that they should not judge the success of their efforts by purely worldly standards. That kind of evaluation has a role, but it is not the definitive standard. Instead, God’s perspective is.

Thus he stressed:

But the true worth of our apostolate is measured by the value it has in God’s eyes. . . .

The cross shows us a different way of measuring success.

Ours is to plant the seeds: God sees to the fruits of our labors.

The pope’s point is that, judged by worldly standards, our efforts might seem to end in failure, when in reality—from God’s perspective—they are actually succeeding!

Thus he reminds us that

if at times our efforts and works seem to fail and produce no fruit, we need to remember that we are followers of Jesus

It is at this point that he introduces the merely apparent failure of Jesus’ efforts in human terms and how the apparent “failure of the Cross” was actually a brilliant success that bore fruit according to God’s timetable rather than man’s.

 

9) Isn’t this contrast between the human and the divine perspective on Jesus’ ministry reflected in the New Testament?

Yes. Multiple times. One example is 1 Corinthians 1, where St. Paul writes:

For the word of the cross is folly to those who are perishing, but to us who are being saved it is the power of God.

For Jews demand signs and Greeks seek wisdom, but we preach Christ crucified, a stumbling block to Jews and folly to Gentiles, but to those who are called, both Jews and Greeks, Christ the power of God and the wisdom of God.

For the foolishness of God is wiser than men, and the weakness of God is stronger than men (1 Cor. 1:18, 22-25).

The fact that Jesus’ death on the cross was scandalous and a mark of failure to people in Paul’s own day (“folly . . . a stumbling block to Jews and folly to the Greeks”) is being contrasted with the true perspective, according to which it is “the power of God and the wisdom of God.”

It is precisely this contrast in perspective that Pope Francis is referring to.

 

10) Couldn’t Francis have been clearer?

One can always say that someone could have been clearer (even when this isn’t true).

But we, as listeners and readers, have an obligation to devote reasonable efforts to understanding what is being said in the things we hear and read.

Pope Francis is not obliged to speak at all times in public as if he were addressing small children.

When he’s addressing adults, he can reasonably expect them to know what is meant by phrases like “humanly speaking” and to be able to recognize the use of ironic references like “the failure of the cross.”

St. Paul expects the same thing of his readers when he uses phrases like “the foolishness of God.” (Just imagine how the outrage mongers would get the vapors if Pope Francis had uttered that phrase!)

Popes—and this certainly includes Pope Francis—are not always clear, but this is not one of those times. What Pope Francis said is perfectly clear for anyone who reads it attentively and with good will.

In the Foreword to his Jesus of Nazareth series, Pope Benedict XVI made a simple request:

I would only ask my readers for that initial goodwill without which there can be no understanding.

That is precisely what the outrage mongers are not showing to Pope Francis in this case.

The Weekly Francis – 29 September 2015

Pope Francis waves to crowds as he arrives to his inauguration mass on 19 March 2013.

This version of The Weekly Francis covers material released in the last week from from 15 August 2015 to 28 September 2015.

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The Weekly Francis – 15 September 2015

francis-readingThis version of The Weekly Francis covers material released in the last week from from 3 September 2015 to 15 September 2015.

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The Weekly Francis – 8 September 2015

FrancisBlessesPalmsThis version of The Weekly Francis covers material released in the last week from From 23 August 2015 to 7 September 2015.

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Pope Francis Reforms Annulment Process: 9 things to know and share

pope-francis2On September 8, the Holy See released a pair of documents by Pope Francis which reform the way in which the Church handles annulments.

Here are 9 things to know and share . . .

 

1) What is an annulment? Is it the same thing as a divorce?

An annulment (formally known as a “declaration of nullity”) is a ruling that a particular marriage was null from the beginning—that is, something was gravely wrong at the time the time of the wedding and it prevented a valid marriage from coming into existence.

This is different than a divorce, which proposes to dissolve a marriage that is in existence.

 

2) Why are annulments an important issue in the Catholic Church?

Jesus Christ expressly taught that if two people divorce and then remarry that they are committing the grave sin of adultery. He taught:

“Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery” (Mark 10:11-12).

Because of this teaching, the Church cannot simply give divorced people permission to remarry. To do so would be to give them permission to commit adultery.

Consequently, if a divorced person wishes to remarry, the Church needs to examine the first marriage to see if it was valid or not.

If it was valid then the person is still bound to their previous spouse and cannot marry another person.

If it was not valid then the parties to the first marriage are not bound and so, unless something else affects the situation, they are free to marry other people.

The number of people in our society who are divorced makes this a pressing pastoral problem.

 

3) How does the annulment process work?

This is a complicated subject, but in simplest terms, the rules governing annulments are expressed principally in two documents: the Code of Canon Law, which governs the western Catholic church, and the Code of Canons of the Eastern Churches, which governs the eastern Catholic churches.

When a man and a woman have divorced, they can contact the appropriate diocese and have their marriage investigated to see if it was valid.

This process could be simple or lengthy, depending on the nature of the case and the forms of evidence available.

If their marriage was not valid then they would be given a decree of nullity or “annulment.”

 

4) What has Pope Francis done?

He has issued two documents, each of which is a motu proprio. A motu proprio is a document issued on the pope’s initiative. They are frequently used to establish or clarify legal matters (as opposed to matters of doctrine, which are dealt with in other documents, such as encyclicals).

A famous example is the 2007 motu proprio issued by Benedict XVI, Summorum Pontificum, in which he gave greater permission for the celebration of the traditional Latin liturgy.

The two documents issued by Pope Francis are:

  • Mitis Iudex Dominus Iesus (“The Lord Jesus, the Gentle Judge”), which reforms the annulment process for the western church (Latin, Italian), and
  • Mitis et Misericors Iesus (“Gentle and Merciful Jesus”), which reforms the annulment process for the eastern Catholic churches (Latin, Italian).

At the time of this writing, these documents are only available in Latin and Italian. An English translation is not presently available, though you can use Google to produce a machine translation of the Italian version using the links above. (Also, here’s a partial, unofficial translation provided by Vatican Radio.)

These documents were prepared, at Pope Francis’s direction, by a group of legal experts at the Vatican, which he appointed to the task in October of 2014.

Both documents contain an introduction explaining the pope’s actions, followed by a set of canons which replace the sections on annulments in the Code of Canon Law and the Code of Canons of the Eastern Churches.

Appended to each document is a set of procedural rules explaining to bishops (and others) how the new processes are to work.

 

5) Why has Pope Francis done this?

He did so out of a desire to make the annulment process more efficient. In many parts of the world, the process has been notoriously slow and difficult. In some countries, it could be practically impossible to get a Church court to even hear one’s case, and if they did take it, it could take many years to get a ruling.

Thus, as Pope Francis notes, the 2014 Synod of Bishops requested changes to the annulment process. The Synod wrote:

A great number of synod fathers emphasized the need to make the procedure in cases of nullity more accessible and less time-consuming, and, if possible, at no expense.

They proposed, among others, the dispensation of the requirement of second instance for confirming sentences; the possibility of establishing an administrative means under the jurisdiction of the diocesan bishop; and a simple process to be used in cases where nullity is clearly evident.

Some synod fathers, however, were opposed to these proposals, because they felt that they would not guarantee a reliable judgment.

In all these cases, the synod fathers emphasized the primary character of ascertaining the truth about the validity of the marriage bond.

Among other proposals, the role which faith plays in persons who marry could possibly be examined in ascertaining the validity of the Sacrament of Marriage, all the while maintaining that the marriage of two baptized Christians is always a sacrament [Relatio Synodi 48].

The new documents seek to make the annulment process more accessible and less time-consuming.

They do not require the process to be free of charge (dioceses need to pay the people who work on these cases, and in some cases that means paying a fee to partially cover the costs), but the procedural norms attached to the documents do call for the costs to be minimized (see Art. 7 §2).

 

6) What changes did Pope Francis make to the process?

This is a complicated subject, because he replaced the sections in the two codes of canon law that deal with annulments. In the case of the western Code, that means he had twenty-one canons rewritten (canons 1671-1691).

Some of the changes were slight, but there are too many to go into here.

Among the major changes, as listed in the introduction to Mitis Iudex Dominus Iesus, are as follows:

  • Only a single judgment of nullity is required. Until now, in most cases, if one tribunal determined that a marriage was null, the decision was automatically appealed to a court of second instance, and only if the second tribunal agreed was an annulment granted. Now the morally certain decision of the first court will be sufficient in uncontested cases.

 

  • The bishop himself is a judge. Although the bishop has always been the principal judge in his diocese, previously, the section on annulments did not establish that the bishop himself was a judge in marriage cases. Now, in keeping with his role as shepherd of the faithful, it does. In fact, he is the principal judge in his diocese, to be assisted by others whom he chooses. The new law thus puts the responsibility squarely on the bishop as a pastor.

 

  • A new, briefer process involving the bishop has been created. Up to now there have been two processes for handling annulments: the formal process (which is the lengthier one involving gathering and weighing testimony) and the documentary process (which deals with situations where a marriage can be proved invalid simply by presenting certain documents, such as showing that a Catholic got married outside the Church without the required permission). Now there is a middle process involving the bishop. If the evidences for nullity are especially clear, they can be presented to the bishop in a process intended to take less time than a formal process case. However, if the evidences require more examination, the case is to be referred to the formal process.

 

  • Appeals can be made against the judgment of the bishop to the metropolitan. As a check on the judgment of the bishop, parties can appeal his decision to the metropolitan bishop (i.e., the bishop who heads the local ecclesiastical province, composed of several neighboring dioceses). Or, if it was the metropolitan himself who heard the original case, appeal can be made to the senior suffragan bishop (i.e., the bishop in the province with the most seniority, apart from the metropolitan).

 

7) In what kind of situations can the new, shorter process be used?

According to the procedural norms attached to Mitis Iudex Dominus Iesus (see Art. 14 § 1), these cases include the following:

  • lack of faith resulting in the simulation of consent to be married or an error that determines the will regarding one of the requirements of marriage
  • the brevity of married life (i.e., the couple divorced very quickly after being married)
  • procured abortion to prevent procreation (presumably during the marriage itself, prior to bearing other children and thus showing an unwillingness to procreate)
  • the stubborn persistence in a extramarital affair at the time of the wedding or at a time immediately following
  • the malicious concealment of:
    • infertility
    • a serious contagious disease
    • children born from a previous relationship
    • an incarceration
  • a reason for getting married that is completely foreign to married life (presumably something like entering a legal fiction of a marriage to be able to immigrate or gain an inheritance) or consisting of the unplanned pregnancy of the woman
  • the physical violence inflicted to extort the consent to marry
  • the lack of use of reason proved by medical documents

 

8) When does all this take effect?

Not immediately. According to Vatican Information Service, the effective date is December 8, 2015.
9) Is there more to say about all this?

Lots. However, this will do for an initial look at the subject.

Holy Year Gestures on Abortion and the SSPX: 12 Things to Know and Share

FrancisBlessesPalmsPope Francis has just released a letter in which he made several announcements concerning the upcoming Year of Mercy.

This includes absolution for those who have procured abortion and the ability to go to priests of the Society of St. Pius X for confession.

These have raised a lot of questions, so here are 12 things to know and share . . .

 

1) What is the Year of Mercy?

Popes periodically dedicate a year to a particular theme. For example, Benedict XVI dedicated 2010 to priests and 2013 as a Year of Faith. Now, Pope Francis has devoted 2016 to the theme of mercy.

Designating such years are one of the ways that the popes call attention to particular themes and help people understand and live their faith more deeply.

The upcoming Year of Mercy runs from December 8, 2015 to November 20, 2016.

It doesn’t coincide with the calendar year because it’s based on the Church’s liturgical year (which begins with Advent rather than January 1) and because it’s adjusted to begin and end with certain special days on the Church’s calendar (December 8 is the Immaculate Conception and, in 2016, November 20 is Christ the King).

 

2) What has Pope Francis said about the year and what are we supposed to do during it?

Pope Francis discussed the year at length when he announced it. You can read what he had to say here.

Pope Francis also discusses the year in a new apostolic letter, released on September 1, which you can read here.

In the new letter, Pope Francis talks about several opportunities for celebrating the Year of Mercy, including doing a pilgrimage in your diocese to gain an indulgence, performing corporal and spiritual works of mercy, praying for the departed, etc.

He also talks about priests absolving those who have procured abortion and going to priests of the Society of St. Pius X for confession.

 

3) What does “procuring” an abortion mean?

In ordinary speech, procuring means obtaining, but here the term is used in a somewhat special way.

In canonical terms, it is generally taken to mean cooperating in an abortion in such a way that, if you hadn’t done your part, the abortion would not have taken place.

It is generally understood that only those immediately involved can be guilty of procuring an abortion in the canonical sense.

Those more remotely involved (e.g., workers at the electrical plant that supplies the abortion clinic with power, politicians and judges who make bad abortion laws) are not involved in this way.

 

4) Can’t priests just absolve people who have procured abortions?

Not without something else happening. Here’s why:

Step 1: The Code of Canon Law provides an automatic (latae sententiae) excommunication for those who procure abortion.

Can. 1398 A person who procures a completed abortion incurs a latae sententiae excommunication.

Step 2: Excommunication prevents a person from receiving the sacraments.

Can. 1331 §1. An excommunicated person is forbidden:

2/ to celebrate the sacraments or sacramentals and to receive the sacraments;

Step 3: The bishop (local ordinary) is the one empowered to remit the excommunication that procuring an abortion causes.

Can. 1355

§2. If the penalty has not been reserved to the Apostolic See, an ordinary can remit a latae sententiae penalty established by law but not yet declared for his subjects and those who are present in his territory or who committed the offense there; any bishop can also do this in the act of sacramental confession.

Therefore, a person who procures an abortion incurs an automatic excommunication which prevents them from receiving the sacraments. Confession is a sacrament, therefore, they cannot be absolved in confession until the excommunication is lifted. The bishop (or a bishop) is the one who needs to get involved in order to lift the excommunication and allow the person to be sacramentally absolved.

Except . . .

 

5) Except what?

Three things.

First, the Code of Canon Law provides a long list of things that can stop an automatic excommunication from taking effect. See here for more on that.

Of special note are these provisions:

Can. 1323 The following are not subject to a penalty when they have violated a law or precept:

1° a person who has not yet completed the sixteenth year of age;

2° a person who without negligence was ignorant that he or she violated a law or precept; inadvertence and error are equivalent to ignorance;

4° a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls;

Can. 1324

§1. The perpetrator of a violation is not exempt from a penalty, but the penalty established by law or precept must be tempered or a penance employed in its place if the delict was committed:

4/ by a minor who has completed the age of sixteen years;

5/ by a person who was coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience if the delict is intrinsically evil or tends to the harm of souls;

8/ by a person who thought in culpable error that one of the circumstances mentioned in ⇒ can. 1323, nn. 4 or 5 was present;

9/ by a person who without negligence did not know that a penalty was attached to a law or precept;

§3. In the circumstances mentioned in §1, the accused is not bound by a latae sententiae penalty.

Since many who procure abortions are under sixteen, very fearful, and do not know that there is an automatic excommunication for procuring an abortion, this canon provides multiple grounds on which many who commit the act do not incur the penalty attached to it.

In such circumstances, they can be absolved in confession without the involvement of the bishop.

Second, I am informed that—due to how widespread abortion is in America—most American bishops have given their priests ability to remit the abortion excommunication in confession, without having to consult the bishop first.

Third, see comments by canonist Dr. Edward Peters here.

 

 

6) What should a person who thinks they may have incurred an excommunication by procuring an abortion do?

If they did incur the penalty (which includes knowing that the penalty existed and procuring the abortion anyway) then they should go to confession.

If the priest needs to consult with the bishop, he will let you know. Otherwise, he will be able to absolve you immediately upon determining that you have repented of procuring the abortion.

Or, because of what Pope Francis has done, go to any priest during the Year of Mercy.

 

7) What has Pope Francis done?

In his apostolic letter, Pope Francis states:

I have decided, notwithstanding anything to the contrary, to concede to all priests for the Jubilee Year the discretion to absolve of the sin of abortion those who have procured it and who, with contrite heart, seek forgiveness for it. May priests fulfill this great task by expressing words of genuine welcome combined with a reflection that explains the gravity of the sin committed, besides indicating a path of authentic conversion by which to obtain the true and generous forgiveness of the Father who renews all with his presence.

By his apostolic authority, Pope Francis has thus granted ordinary priests the ability to deal with this situation in confession, without having to involve the bishop, during the Year of Mercy—as a special sign of God’s mercy and as an encouragement of those who have procured an abortion to repent and return to the practice of their faith.

 

8) Can priests of the Society of St. Pius X (SSPX) validly absolve people under normal circumstances?

No.  According to the Code of Canon Law:

Can.  966 §1. The valid absolution of sins requires that the minister have, in addition to the power of orders, the faculty of exercising it for the faithful to whom he imparts absolution.

§2. A priest can be given this faculty either by the law itself or by a grant made by the competent authority according to the norm of can. 969.

Can.  969 §1. The local ordinary alone is competent to confer upon any presbyters whatsoever the faculty to hear the confessions of any of the faithful. . . .

So under normal circumstances, the bishop (local ordinary) must give a priest the faculty to hear the confessions of the faithful and validly absolve them. Without this faculty, he hears their confessions illicitly (contrary to the law) and absolves them invalidly.

The problem is that the priests of the SSPX are operating independently of the diocesan bishops and so have not been granted the faculty of hearing confessions. As a result, under ordinary circumstances, any absolutions they impart are invalid.

But, because of what Pope Francis has done, not during the Year of Mercy.

 

9) What has Pope Francis done regarding the priests of the SSPX?

In his apostolic letter, he writes:

A final consideration concerns those faithful who for various reasons choose to attend churches officiated by priests of the Fraternity of St Pius X. This Jubilee Year of Mercy excludes no one. From various quarters, several Brother Bishops have told me of their good faith and sacramental practice, combined however with an uneasy situation from the pastoral standpoint.

I trust that in the near future solutions may be found to recover full communion with the priests and superiors of the Fraternity.

In the meantime, motivated by the need to respond to the good of these faithful, through my own disposition, I establish that those who during the Holy Year of Mercy approach these priests of the Fraternity of St Pius X to celebrate the Sacrament of Reconciliation shall validly and licitly receive the absolution of their sins.

Pope Francis has thus used his apostolic authority to grant the faculty of hearing confessions to SSPX priests during the Year of Mercy. Therefore, during that time, the faithful are both licitly (lawfully) and validly absolved by them.

 

10) Is Pope Francis usurping the authority of the local bishops by doing this?

No. As the legislator of the Code of Canon Law, Pope Francis has full authority here.

A local bishop might like or dislike Pope Francis doing this, but the pope has the legal authority to do it. There is no usurpation. It’s simply an exercise of the pope’s legitimate authority.

 

11) What does the pope mean by referring to restoring “full communion” with the SSPX? Does that mean that they are in schism?

No.  Schism also incurs an automatic excommunication (canon 1364 §1), which the SSPX bishops did incur back in 1988 (see John Paul II’s document Ecclesia Dei).

However, in 2009 Benedict XVI remitted the excommunication the bishops had incurred. They are, therefore, no longer in a state of schism.

They are, however, operating in an illicit (contrary to the law) manner, which is why their priests ordinarily cannot validly absolve people in confession.

Their communion thus is impaired by their irregular status. While they are not in schism, they are in a state of impaired communion, and Pope Francis hopes that they will be restored to full communion in the future.

(Note that we are talking about ecclesiastical communion, not Eucharistic Communion. The first refers to the bonds that unite people in the Church; the second refers to the administration of the Body and Blood of Christ in the Eucharist.)

 

12) Is Pope Francis doing this because he wants to restore full communion with the SSPX?

You bet! He expressly states his desire to find solutions “in the near future” to restore the SSPX to full ecclesiastical communion.

Granting the SSPX priests faculties for the Year of Mercy is a profound gesture in that regard.

It is also motivated—as Pope Francis states—by his concern for the good of the faithful who attend SSPX chapels.

The Weekly Francis – 26 August 2015

francis-reading

This version of The Weekly Francis covers material released in the last week from 7 August 2015 to 25 August 2015.

Angelus

General Audiences

Messages

Speeches

Papal Tweets

  • “Mary is full of grace. She is a sure refuge for us in times of temptation.” @Pontifex 13 August 2015
  • “Mary’s life shows that God accomplishes great deeds through those who are the most humble.” @Pontifex 15 August 2015
  • “When we experience the merciful love of the Father, we are more able to share this joy with our neighbour.” @Pontifex 18 August 2015
  • “Reading the Gospel each day helps us to overcome our selfishness and to follow Jesus our Teacher with dedication.” @Pontifex 21 August 2015
  • “A Christian who is too attached to riches has lost his way.” @Pontifex 25 August 2015