7) Abortion, Holy Communion and the mind of Pope Benedict by Pete Vere, JCL.

Pope Benedict XVI spent part of May bearing witness to the culture of life. As reported by the CBC:

Roman Catholic politicians who support a proposed law allowing women to have abortions in Mexico City should no longer receive Communion, the Pope said in a statement clarifying earlier remarks ...

"It's nothing new, it's normal, it wasn't arbitrary. It is what is foreseen by the Church's doctrine," the Pope responded ("No communion for pro-abortion politicians, Pope says," CBC News, May 9, 2007).

While the need for strong measures is never a happy moment, the Church simply cannot afford inaction when human life lies in the balance. As both a canon lawyer and a political commentator, I am often asked what options are available for dealing with pro-abortion politicians who claim to be Catholic.

Canon 1398

In the past, I argued for denial of Holy Communion. As much as I felt excommunication was the more appropriate penalty, Canon 1398 was clear: "A person who actually procures an abortion incurs a latae sententiae [automatic] excommunication." One of the oldest principles of canon law is that penalties must be interpreted restrictively (cf. canon 18). Thus, a pro-abortion Catholic politician was off the excommunication hook unless he or she directly procured an abortion, or acted directly as an accomplice in the procurement of a specific abortion (Canon 1329, [section] 2).

Excommunicating pro-abortion Catholic politicians would require a formal judicial process-it could not be carried out automatically. Proving the case would be difficult, and the process would not resolve itself until after election day.

Canon 915

In contrast, invoking Canon 915 is much easier. "Those who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion," the canon states. The Catechism of the Catholic Church is also clear: abortion "is gravely contrary to the moral law" and an "abominable crime" (2271). Hence, those who promote and defend abortion, and not merely those who assist in its direct procurement, engage in objectively sinful activity.

No canonical trial is necessary. Any courageous minister of Holy Communion can invoke the canon to deny a pro-abortion Catholic politician Holy Communion, provided his or her diocesan Bishop was willing to withstand the accompanying media outrage. It generally accomplishes the same purpose as excommunication--that is, it puts pressure on the offending Catholic to repent, and it sends a clear message to the greater community that certain behaviour will not be tolerated by the Catholic Church.

Let us return to Pope Benedict's May 9 statement. There is some ambiguity in the media reports as to whether His Holiness was speaking of excommunication, or denial of Holy Communion.

Regardless of this, the Holy Father has done more than merely support the Mexican bishops. He has revealed his mind as the Church's supreme legislator. Granted, his views appear nearly identical to those he expressed while still the prefect for the Congregation of the Doctrine of the Faith. Nevertheless, it is one thing to express his opinion as Cardinal Ratzinger, quite another to speak as the successor to St. Peter.

As the Church's supreme legislator, Pope Benedict's mind affects how the laws are to be interpreted. Canon 16 [section] 1 is clear: "Laws are authentically interpreted by the legislator ... If the meaning [of a law] remains doubtful or obscure," Canon 17 adds, "there must be recourse to ... to the mind of the legislator." With the passing of Pope John Paul II, who promulgated the Code of Canon Law, the burden now falls upon his successor, Pope Benedict, to provide us with the mind of the legislator.

Pope Benedict states that denying Holy Communion to pro-abortion Catholic politicians is nothing new. He is saying this is the normal response of the Catholic Church, in keeping with her doctrine and the natural law. Thus, a question is answered. In keeping with the mind of Pope Benedict XVI, the Church's Supreme Legislator, the response to pro-abortion politicians when they approach the altar is to deny them Holy Communion.