Vatican move strengthens unity: dissidents under pressure.

CATHOLIC INSIGHT STAFF

On May 18, 1998, Pope John Paul II signed an Apostolic Letter entitled Ad tuendam fidem (To protect the faith), which was published on June 30. It changes the text of the Code of Canon Law in order to prevent the faithful, particularly theologians, from refusing to accept certain teachings of the Church.

The Holy Father refers to the profession of faith (Oath of Fidelity, 1989) which theologians, parish priests and others must take on assuming office. It is based on the Nicene Creed and has three basic clauses, two of which have their counterpart in Canon law. Canon law, in turn, applies to all the faithful.

The first of these is also expressed in Canon 750 (and its equivalent in the Code for Eastern Churches).

1. Can. 750 Those things are to be believed by divine and Catholic faith which are contained in the Word of God as it has been written or handed down by tradition, that is, in the single deposit of faith entrusted to the Church, and which are at the same proposed as divinely revealed either by the solemn magisterium of the Church, or by its ordinary and universal magisterium, which is manifested by the common adherence of Christ's faithful under the guidance of the sacred magisterium. All are therefore bound to shun any contrary doctrines.

The third clause of the profession of faith has its equivalent in Canon 752 which, applies to all the faithful. It reads

3. Can. 752 While the assent of faith is not required, a religious submission of intellect and will is to be given to any doctrine which either the Supreme Pontiff or the College of Bishops, exercising their authentic magisterium, declare upon a matter of faith or morals, even though they do not intend to proclaim that doctrine by definitive act. Christ's faithful are therefore to ensure that they avoid whatever does not accord with that doctrine.

The second clause of the profession of faith has no counterpart in Canon Law, which is now being corrected. It deals with faith when the magisterium proposes a belief by definitive act (Clause 3, or Canon 752 above, concern matters not proposed by definitive act).

2. This second clause is now incorporated as Canon law 750, paragraph two. It reads:

2. Each and every proposition stated definitively by the magisterium of the Church concerning the doctrine of the faith or morals, that is, each and every proposition required for the sacred preservation and faithful explanation of the same deposit of faith, must also be firmly embraced and maintained; anyone, therefore, who rejects those propositions which are to be held definitively is opposed to the doctrine of the Catholic Church.

Disobedience to these three parts of the revised Code have sanctions which are explained in the Section entitled "Sanctions in the Church," especially Canon 1371.

Vatican Commentary

The Vatican Congregation for the Doctrine of the Faith (CDF), on June 30th, issued a commentary on the Apostolic Letter, a commentary which included examples of the three kinds of teachings.

The first category (now Canon law 750, paragraph 1), "Acceptance as divinely revealed and calling for faith," includes what is stated in the Creed, other dogmas concerning Christ and the Blessed Virgin, the Real Presence of Christ in the Eucharist, the infallibility of the pope, the existence of original sin, the immortality of the human soul, and the grave immorality of abortion.

The second category, "Faith in definitive statements" (which has now been added), includes "truths founded on faith in the Holy Spirit's assistance to the magisterium and on the doctrine of the infallibility of the magisterium." Among others, they include the teaching that only males can be ordained; the teaching that so-called mercy killing is sinful, as are fornication and prostitution; the legitimacy of a papal election, or an ecumenical council; canonizations; and the teaching that Anglican orders are invalid.

The third category, "Religious submission of will and intellect", includes "teachings set forth by the authentic ordinary magisterium in a non-definitive way, which require degrees of adherence differentiated according to the mind and the will manifested; this is shown especially by the nature of the documents, by the frequent repetition of the same doctrine, or by the tenor of the verbal expression." The CDF gave no specific examples because it covers many general points of faith which flow of necessity from the principal doctrines.

To doubt or to deny a doctrine in category (1) is formal heresy. This cuts a person off from the Church.

To doubt or deny a doctrine in category (2) entails loss of full communion with the Catholic Church.

To deny a doctrine in category (3) merits just penalties, such as denial of a Church teaching position.

Further Vatican comments

Differences between abortion and euthanasia

In a July 2 radio interview Archbishop Tarcisio Bertone, CDF's Secretary, spoke about the differences between Church teaching on abortion and Church teaching on euthanasia or socalled mercy killing. Both are condemned, yet they fall under different categories, abortion under (1) and euthanasia under (2). Why?

Believing that abortion is legitimate and permissible is heresy because it directly contradicts natural and biblical law and the constant teaching of the Church, the Archbishop said.

Unlike advocating abortion, he said, advocating euthanasia is not heresy because, although it is "absolutely illicit," euthanasia is a "human act of our times" and, therefore, was not condemned by the Church from its very beginning.

The penalty of denying Church teaching against euthanasia--as shown above--entails the loss of full communion with the Church.

While both abortion and euthanasia involve killing an innocent human being, the Archbishop said, the teaching on abortion "has the confirmation of Church tradition from the very beginning, an explicit condemnation by the apostolic community, while euthanasia is a problem which is a crime and a human act of our times" without an explicit biblical condemnation.

Pope John Paul's condemnation of euthanasia in his 1995 encyclical Evangelium Vitae (The Gospel of Life) must be accepted by Catholics, Archbishop Bertone said.

The Pope's position flows from "the commandment to safeguard human life not only from the moment of its conception, but until its natural end," he said.

One who understands the Church's teaching on euthanasia, yet contradicts it, is denying "a doctrine, a truth proposed as definitive and unchangeable."

"Knowingly opposing" the Church teaching, he said, "places one outside the communion of the Church."

The Pope's recent addition to canon law does not establish a specific penalty for denying truths of the second level. "It says that he or she must be punished with a just ecclesiastical penalty, naturally always remembering that penalties are aimed at correction of the offender and, therefore, at the return to full communion with the Church and a full adherence to the teaching of the Church," Archbishop Bertone said.

(N.C. Register, July 12, `98.)

Editor's note:

With this legislation and the clarifications of it given by Cardinal Ratzinger, the status of Catholics who dissent on the subject of abortion becomes clearer.

Abortion

The Code of Canon Law says that to obstinately doubt or deny a teaching of the Church in category one is to commit heresy (Canon Law 751). This incurs an automatic (latae sententiae) excommunication (Can. 1364) and cuts off communion with the Catholic Church. Persons therefore who are obstinate in being pro-abortion or "pro-choice" (which is the same thing) have left the Church. To whom does this apply?

1. This would apply to members of Catholics for Free Choice, whose organization recently received "standing" at the United Nations. Its executive director is Frances Kissling, an American. Its Toronto representative is Kathleen Howes.

2. Joanna Manning of the Coalition of Concerned Canadian Catholics has said that abortion is not a touchstone of the Catholic faith (Spirit of the West, page 60). But the magisterium has now made it clear that it is a touchstone. If Manning's teaching is that of the Coalition, the members of this organization, therefore, must revise the views of their organization publicly on pain of incurring the charge of heresy.

3. No doubt the responsibility to accept the Church's teaching weighs more heavily on people such as politicians who influence many other people.

For example, the leader of the Liberal Party in Ontario, Dalton McGuinty, a Catholic, said in December 1996 that he believes "in a woman's right to choose." If that is truly his conviction, he is now a heretic.

4. What is the status of Catholic politicians who say that they are pro-life, but who vote to make abortion legal or to fund abortion? Since actions speak louder than words, perhaps they, too, incur excommunication. In June 1990 Bishop John Myers of Peoria, Ill., forbade them to receive Holy Communion in his diocese.

5. What is the status of Catholic writers who say that they are pro-life, but who attack the teaching of the Church on contraception (which is the chief cause of abortion) and reject Catholic teaching which makes it possible to embody moral principles in public life, reducing the question of abortion, in a democracy such as Canada, only to private conscience?

This was the position of the late Mark McGuigan, the former Canadian Minister of Justice and External Affairs, in his book Abortion, Conscience and Democracy (see CI, March 1995). At the time, Catholic Insight drew the conclusion that, unless he abandoned these convictions, he might suffer the loss of his soul (see also CI, Nov. 1996, p 17). It is, of course, possible to lose one's soul without being a heretic.

6. Mr. Joe Clark, the former Conservative leader who today once again is running for the leadership of his party, is also a Catholic. He contributed a foreword to Mr. McGuigan's book in which he agrees with the author's position that abortions should not be prohibited under the Criminal Code. He, too, contradicts Church teaching falling under Canon 750.

Not in full communion

(new Canon 750, para. 2)

1. With respect to women's ordination, for example, feminists and others who continue to call for its realization are no longer in full communion with the Church.

What does "being no longer in full communion" entail? This expression is not a penalty. Rather it is a declaration of a state in which a person may find him or herself, namely a state of serious sin. Its natural consequence is that one may not receive Holy Communion. Depending on the circumstances, a bishop may impose penalties, for example, forbidding a teacher to teach religion.

As reported in our September issue, page 25, the members of the Executive Council of the Loretto Sisters of Toronto (I.B.V.M.)--General Superior Sr. Jane McDonell and Councillors Sr. Johanna D'Agostino, Sr. Caroline Dawson, Sr. Arlene Ashock, and Sr. Maria Bierer--issued a defiant rejection of the magisterial ruling in July.

2. The same is true for the members of the above-mentioned CCCC and its subdivision Catholics of Vision--Canada under Saundra Glynn, as well as its American counterpart Call to Action. Insofar as they offend against Canon 750, para. 2, these dissenters have now been classified under Canon Law as no longer in full communion with the Catholic Church. Insofar as they offend against Can. 750, para. 1, they are excommunicated.

The action of threatening excommunication against them a few years ago by Bishop Fabian Bruskewitz of Lincoln, Nebraska, therefore, has been vindicated, as has the observation of now retired Bishop Edward Troy of Saint John, NB, who said that Catholics of Vision, knowingly or not, want "to gut the Roman Catholic Church" (see "When reform means `deform', " CI, Jan-Feb 1997, pp 20-21.)

3. What about contraception? It also falls under Canon 750, paragraph 2. In his commentary Cardinal Ratzinger points out that this section regarding teaching on faith and morals includes "all those teachings belonging to the dogmatic or moral area which are necessary for faithfully keeping and expounding the deposit of faith . . . ." His footnote #13 lists both Pope Paul VI, Humanae vitae (1968), and John Paul II, Veritatis splendor (1993), as falling under this category.

Ad tuendam fidem may be found on the Vatican Website (www.vatican.va). It was printed in Origins, July 16, 1998, and in the B.C. Catholic. Catholic Insight will mail copies on request.