Another question I'm getting a lot these days: should pro-abortion Catholic politicians be excommunicated?
Should they be excommunicated? Yes, they should be. Are they excommunicated? No. And not because our bishops are being timid. . .
OK, having learned my lesson and submitted myself to the reality that I will never be a canon lawyer (thank God), I offer a quick revision of this post by quoting Prof. Robert Miller via Prof. Edward Peters (thanks to Zadok):
Canon 1398: A Clarification (First Things)
I wrote in this space yesterday about the controversy surrounding the remarks of Pope Benedict XVI concerning whether Mexican legislators who voted to legalize certain abortions were excommunicated lata sententia under canon 1398. As I stated yesterday, c. 1398 prohibits only “actually procur[ing] an abortion,” and as many of my correspondents have pointed out, it’s far from clear that this prohibition includes voting to legalize abortions.
I tacitly assumed that such was a possible interpretation of the canon, in part because one often hears this interpretation in popular discussions of canon law and in part because the statement of the Mexican bishops and Benedict’s subsequent comments (at least before the Vatican Secretariat of State rewrote them) necessarily presupposed that such an interpretation was possible. Clearly, if the canon does not prohibit certain kinds of actions taken by legislators, it would have been simply wrongheaded for the Mexican bishops to have suggested that the legislators were excommunicated for voting to legalize certain abortions and even more wrongheaded for Benedict to have agreed with them (again, subject to having his remarks corrected by Vatican officials).
It turns out, however, that c. 1398 almost certainly does not include actions taken by legislators. Dr. Edward N. Peters, who teaches canon law at Sacred Heart Seminary in Detroit, explains on his blog that, despite the persistent discussion of c. 1398 in such contexts, virtually no one learned in canon law thinks that it applies to actions taken by politicians in connection with legislation. In fact, according to Dr. Peters, it’s not even a close question. After reading his explanation, I agree, and I’m very grateful to him for calling all this to my attention.
Now that that's all cleared up, I return to the conclusion of my original post with some revisions. . .
Back to the question at hand, or a revised version of it: do Catholic politicians who lend their formal and material cooperation to the mortal sin of abortion incur excommunication? Not automatically and apparently they would not be actively excommunicated by the Church. Should they be refused communion? Generally speaking, yes, they should. Why? Two reasons. First, receiving communion is a public act that indicates that one is "in community" with the larger Body of Christ. I eat the Body of Christ and demonstrate in doing so that I am one with the Body. If I am in moral sin, I am not in the Body though I am still formally a member of the Church. To take communion after publicly formally and materially cooperating in the commission of a mortal sin, I cause scandal. To offer communion to someone you know is in this state causes scandal and might even count as material cooperation with sin. Second, when I take communion in mortal sin I condemn myself to death. None of us is worthy to receive communion; we do so only with God's grace. To receive the Lord in the sacrament requires that we be disposed to the grace that the sacrament offers to us. I am not properly disposed if I am in mortal sin. How can I be receptive to God's love if I have killed that love in my heart?
The sticky situation in individual cases for bishops and priests is that they can almost never know if the pro-abortion Catholic politician has repented of their formal and/or material cooperation with abortion at any particular Mass. It is entirely possible that Senator Bob, having read this [revised] post, has come to realize his error, gone to confession, reconciled with the Body, and come forward to receive communion as a public sign of his renewed love for God. I know, not likely but possible. The bishop or priest risks the presumption of sin in violation of the presumption of grace if he refuses Senator Bob communion. This is why bishops and pastors are obligated to speak directly and privately with those Catholics who publicly cooperate in the sin of abortion. In the absence of that conversation, it is impossible to know the heart of the pro-abortion politician. However, if the politician persists in public sin, the presumption of grace on the part of the pastor is justly weakened and the politician risks taking communion indisposed.
I do not believe that bishops and pastors are hesitating in refusing communion out of fear of bad publicity or out of a sense that Catholics are entitled to communion regardless of their spiritual condition. There is a substantial private component to receiving communion that is known objectively only to the individual. This has to be respected within fairly broad limits. This is why so many bishops have simply said to pro-abortion politicians, "If you have publicly given formal and material cooperation to the sin of abortion you should not receive communion." This is exactly correct. But when said politician comes forward to receive communion, the pastor has to make a different kind of choice for the benefit of the individual and the larger Body. So, the question for the pastor is, "what do you know right this second about this person?" Since it is almost impossible to know the internal disposition of any individual at any given moment, the pastor must presume grace and give the politician communion.
Two quick points. First, the pastor's concern must be spiritual and not political; that is, the pastor's proper worry needs to be for the spiritual health of his Church and the individual involved. Refusing communion as a political act, some kind of protest against the person is reprehensible. Second, NO ONE other than the bishop or pastor should make the decision to refuse communion (and even the pastor will need to consult with the bishop). To be very specific: if you are a lay minister of communion and you know with the certainty of the angels that Senator Bob is in mortal sin, you cannot, in the absence of an order from the pastor, refuse him communion. This is not your job as an extraordinary minister. If you have concerns, talk to your pastor, but do not take it upon yourself to decide who is properly disposed to receive and who isn't. You are endangering your own soul by presuming to know what you cannot know.
Again, my thanks to Zadok the Roman for his charitable correction of this post and for the links to the always reliable Dr. Ed Peters, Canon Lawyer, Extraordinaire! Here Dr. Peter's lays out some options for addressing Catholic pro-abortion politicians.
Should they be excommunicated? Yes, they should be. Are they excommunicated? No. And not because our bishops are being timid. . .
OK, having learned my lesson and submitted myself to the reality that I will never be a canon lawyer (thank God), I offer a quick revision of this post by quoting Prof. Robert Miller via Prof. Edward Peters (thanks to Zadok):
Canon 1398: A Clarification (First Things)
I wrote in this space yesterday about the controversy surrounding the remarks of Pope Benedict XVI concerning whether Mexican legislators who voted to legalize certain abortions were excommunicated lata sententia under canon 1398. As I stated yesterday, c. 1398 prohibits only “actually procur[ing] an abortion,” and as many of my correspondents have pointed out, it’s far from clear that this prohibition includes voting to legalize abortions.
I tacitly assumed that such was a possible interpretation of the canon, in part because one often hears this interpretation in popular discussions of canon law and in part because the statement of the Mexican bishops and Benedict’s subsequent comments (at least before the Vatican Secretariat of State rewrote them) necessarily presupposed that such an interpretation was possible. Clearly, if the canon does not prohibit certain kinds of actions taken by legislators, it would have been simply wrongheaded for the Mexican bishops to have suggested that the legislators were excommunicated for voting to legalize certain abortions and even more wrongheaded for Benedict to have agreed with them (again, subject to having his remarks corrected by Vatican officials).
It turns out, however, that c. 1398 almost certainly does not include actions taken by legislators. Dr. Edward N. Peters, who teaches canon law at Sacred Heart Seminary in Detroit, explains on his blog that, despite the persistent discussion of c. 1398 in such contexts, virtually no one learned in canon law thinks that it applies to actions taken by politicians in connection with legislation. In fact, according to Dr. Peters, it’s not even a close question. After reading his explanation, I agree, and I’m very grateful to him for calling all this to my attention.
Now that that's all cleared up, I return to the conclusion of my original post with some revisions. . .
Back to the question at hand, or a revised version of it: do Catholic politicians who lend their formal and material cooperation to the mortal sin of abortion incur excommunication? Not automatically and apparently they would not be actively excommunicated by the Church. Should they be refused communion? Generally speaking, yes, they should. Why? Two reasons. First, receiving communion is a public act that indicates that one is "in community" with the larger Body of Christ. I eat the Body of Christ and demonstrate in doing so that I am one with the Body. If I am in moral sin, I am not in the Body though I am still formally a member of the Church. To take communion after publicly formally and materially cooperating in the commission of a mortal sin, I cause scandal. To offer communion to someone you know is in this state causes scandal and might even count as material cooperation with sin. Second, when I take communion in mortal sin I condemn myself to death. None of us is worthy to receive communion; we do so only with God's grace. To receive the Lord in the sacrament requires that we be disposed to the grace that the sacrament offers to us. I am not properly disposed if I am in mortal sin. How can I be receptive to God's love if I have killed that love in my heart?
The sticky situation in individual cases for bishops and priests is that they can almost never know if the pro-abortion Catholic politician has repented of their formal and/or material cooperation with abortion at any particular Mass. It is entirely possible that Senator Bob, having read this [revised] post, has come to realize his error, gone to confession, reconciled with the Body, and come forward to receive communion as a public sign of his renewed love for God. I know, not likely but possible. The bishop or priest risks the presumption of sin in violation of the presumption of grace if he refuses Senator Bob communion. This is why bishops and pastors are obligated to speak directly and privately with those Catholics who publicly cooperate in the sin of abortion. In the absence of that conversation, it is impossible to know the heart of the pro-abortion politician. However, if the politician persists in public sin, the presumption of grace on the part of the pastor is justly weakened and the politician risks taking communion indisposed.
I do not believe that bishops and pastors are hesitating in refusing communion out of fear of bad publicity or out of a sense that Catholics are entitled to communion regardless of their spiritual condition. There is a substantial private component to receiving communion that is known objectively only to the individual. This has to be respected within fairly broad limits. This is why so many bishops have simply said to pro-abortion politicians, "If you have publicly given formal and material cooperation to the sin of abortion you should not receive communion." This is exactly correct. But when said politician comes forward to receive communion, the pastor has to make a different kind of choice for the benefit of the individual and the larger Body. So, the question for the pastor is, "what do you know right this second about this person?" Since it is almost impossible to know the internal disposition of any individual at any given moment, the pastor must presume grace and give the politician communion.
Two quick points. First, the pastor's concern must be spiritual and not political; that is, the pastor's proper worry needs to be for the spiritual health of his Church and the individual involved. Refusing communion as a political act, some kind of protest against the person is reprehensible. Second, NO ONE other than the bishop or pastor should make the decision to refuse communion (and even the pastor will need to consult with the bishop). To be very specific: if you are a lay minister of communion and you know with the certainty of the angels that Senator Bob is in mortal sin, you cannot, in the absence of an order from the pastor, refuse him communion. This is not your job as an extraordinary minister. If you have concerns, talk to your pastor, but do not take it upon yourself to decide who is properly disposed to receive and who isn't. You are endangering your own soul by presuming to know what you cannot know.
Again, my thanks to Zadok the Roman for his charitable correction of this post and for the links to the always reliable Dr. Ed Peters, Canon Lawyer, Extraordinaire! Here Dr. Peter's lays out some options for addressing Catholic pro-abortion politicians.