Remember also back during the priest scandal that there was a major question about whether the Church allowed the ordination of homosexuals willing to live chastely?
Some folks were arguing that the Church forbade the ordination of homosexuals on the basis of a 1961 document. This was bandied about vigorously by people who obviously don’t know beans about how ecclesiastical law works, but it was, unfortunately, a non-starter.
The document was released under the authority of the Sacred Congregation for Religious, meaning that it only ever had authority in religious congregations and the like (think: monks, etc.). It did not apply to diocesan priests, which are the majority of priests in the Church.
Further, as a document released back in 1961, there was a likelihood that the document had been abrogated in some way since that time. Church law has just changed too much following Vatican II, the revision of the Code of Canon Law, and the deluge of documents that have been coming from Vatican dicasteries in that time. It might still be in force, but without carefully shepherdizing the law, there would be no way to tell for sure. One can’t simply grab a 1961 document and start touting it as an authoritative statement applicable to today without doing a bunch of careful research.
So the document in question was not an adequate basis on which to show that the Church currently forbids the ordination of homosexuals willing to live chastely. One would need another document.
And then we got one.
In the November-December 2002 issue of Notitiae, the journal of the Congregation for Divine Worship and the Discipline of the Sacraments, there was a Responsum ad dubium (Latin, "response to a doubt"; basically an official Q & A) that stated: "A homosexual person, or one with a homosexual tendency, is not fit to receive the sacrament of Holy Orders."
Now, one could perhaps argue with that jurisdictionally, asking whether it was within the CDWDS’s authority to issue a dubium on that topic, suggesting that perhaps instead it should come from the Congregation for Clergy or the Pontifical Commission for the Interpretation of Legislative Texts or something, though ordination is a sacrament, and the discipline of the sacraments falls within the CDWDS’s jurisdiction.
So what might solve this kind of debate?
A more substantial document (i.e., something more than a Q & A) approved by the pope–especially if it’s approved by him in forma specifica (Latin, "in specific form"–which invests the pope’s own authority in it in a special way). That would settle the quibbling.
Well . . . there’s apparently such a document in B16’s hands right now.
GET THE STORY.