Vere @ Zenit

Zenit interviews canon lawyer Pete Vere (brackets and ellipses in original):

.... Q: What does canon law have to say about pro-abortion Catholic politicians receiving Communion?

Vere: Quite a bit. Unfortunately, canonists are just as divided as bishops and the lay faithful when it comes to this question. Hence the debate continues. Often, the division seems to be along the lines of age.

My own position is fairly well known: We should show compassion to the mothers who abort their children and excommunicate the politicians. For this reason I support stronger efforts to have pro-abortion Catholic politicians excommunicated or denied holy Communion. So, too, do many young canonists with whom I have spoken.

Canon 1398 is clear: "A person who actually procures an abortion incurs an automatic excommunication," the canon states. Abortion is intrinsically evil as an act, and the Catechism of the Catholic Church rightly teaches in paragraph 2271 that abortion "is gravely contrary to the moral law" and an "abominable crime."

My experience in ministry has taught me that most women who abort their child act under some sort of emotional, mental or psychological duress. I seldom come across an abortion that is freely chosen — that is, chosen without coercion from some outside individual or organization.

Thus, the diminishing and excusing factors outlined in canons 1323 and 1324 apply to most women who procure an abortion. In other words, the act is sinful but the women are spared the penalty of excommunication.

Yet, these women are not canonists. Alone and ashamed, the perception of excommunication only further drives them away from the Church. What they need is Christ's healing touch in the confessional, as well as sustained pastoral support from pro-life organizations such as Project Rachel.

Christ took the same approach with the woman caught in adultery: He did not excuse the sin, but he did not turn away the sinner. He invited her to repentance and forgiveness.

My feelings differ towards those who profit — whether financially or politically — from abortion. This is where the Church ought to direct her censures. We need to get tough with Catholic politicians, doctors, pregnancy counselors, nurses and lawyers who continue to support and protect the abortion industry.

With regard to doctors and nurses, the second paragraph of Canon 1329 already provides for their automatic excommunication as accomplices who, "without their assistance, the crime would not have been committed ..."

The canonical situation is more complex when it comes to Catholic politicians. They do not directly participate in abortion. They draft, legislate and protect laws that permit this evil. Therefore the automatic excommunication envisioned by canons 1329 and 1398 would not apply to them since, in keeping with Canon 18, "Laws which prescribe a penalty [...] are to be interpreted restrictively."

Nevertheless, canon law provides other means to punish pro-abortion Catholic politicians. At the very minimum, the Church can and should prohibit pro-abortion lawyers and politicians from receiving holy Communion. Some canonists oppose this type of sanction, pointing out that Canon 912 upholds in the strongest of terms the right of a Catholic to receive holy Communion.

Nevertheless, the second paragraph of Canon 223 states: "Ecclesiastical authority is entitled to regulate, in view of the common good, the exercise of rights which are proper to Christ's faithful."

One is hard pressed to see how permitting pro-abortion Catholic politicians to go unchallenged contributes to the common good — either of the Church or of society as a whole. Rather, abortion destroys the common good in that it destroys the right to life. This is the right upon which all other rights — as well as the common good — are based.

Thus, I'm a strong proponent of making use of Canon 915 in this case. This canon states: "Those [...] who obstinately persist in manifest grave sin, are not to be admitted to holy Communion." ....

(Thanks, Mark.)

Lane Core Jr. CIW P — Tue. 11/09/04 07:08:58 AM
Categorized as Religious.