Bishop ignites row over separation of church and state.

BISHOP RAYMOND BURKE OF La Crosse in Wisconsin has instructed diocesan priests to withhold communion from prochoice Catholic lawmakers until they "publicly renounce" their support of abortion rights.

Since signing the decree in November 2003 (it was made public in January 2004) Burke has been transferred to St. Louis, Missouri, and it is thought that he may introduce similar restrictions on Catholic politicians there. In the decree, Burke said, "I hereby call upon Catholic legislators, who are members of the faithful in the Diocese of La Crosse, to uphold the natural and divine law regarding the inviolable dignity of all human life. To fail to do so is a grave public sin and gives scandal to all the faithful." The politicians, he continued, "are not to be admitted to Holy Communion, should they present themselves, until such time as they publicly renounce their support of these unjust practices."

Subsequently, Archbishop Alfred Hughes of Louisiana joined Archbishop Scan O'Malley of Boston in calling for prochoice Catholic politicians to voluntarily stop receiving Communion, stating that those officeholders "shouldn't dare come to Communion." And Archbishop James P. Keleher of Kansas City instructed Catholic institutions in his archdiocese not to allow prochoice politicians or public figures to participate in functions or events on church-owned property.

"This is about as stark a decree to come down against Catholic politicians as we've seen in recent history," said Barry W. Lynn, executive director of Americans United for the Separation of Church and State. "The problem with it is that elected officials have to represent people of all faiths and none, and not adhere to one religious demand like the bishop's."

There is only one previous recorded instance where a bishop publicly penalized a lay Catholic politician for her prochoice position: in 1989, Bishop Leo Maher of San Diego barred Lucy Killea, a prochoice state legislator, from receiving Communion in the diocese.

According to canon law, any punishment may only be imposed according to the rule of law, and must include a process allowing a reasonable time to defend oneself, including a fair, legal process. However, the people who have oversight of these processes are often the very ones who have a vested interest in the outcome of a case--the hierarchy--which also controls the availability of the sacraments, and the actions of most ministers and employees of the church. While there may sometimes be restrictions on when and where the sacraments will be celebrated, the unjust denial of the sacraments to a Catholic or to a group of Catholics is regarded negatively by most and seems to obstruct the very work the church sets out to fulfill.