Part of your statement is correct. The mass celebrated by any suspended priest is illegal. As such, it should be avoided. As kindly as the SSPX priests are, unfortunately, their legal status is the same as that of a priest who is suspended for some other moral or legal fault. A suspension is a suspension. It means that the priest loses the right to celebrate mass for the public. The public who attends his mass is encouraging the disobedience, even though it may not be the intention of the man in the pew.
The Church has said that attending mass at an SSPX chapel to fulfill one’s Sunday obligation is permissible, but discouraged. This has not been retracted. In essence, it is applied to those who need the EF and don’t have one available to them.
Part of your statement is incorrect. Divine Liturgy (mass) celebrated by the Eastern Othodox is valid and licit. There is nothing illegal about it. The Catholic Church has no authority to suspend Orthodox priests. That can only be done by the Orthodox hierarchy.
Suspension is a canonical act. There are three codes of Canon Law.
- Canon Law for the Latin Church
- Canon Law for the Oriental Churches (Eastern Catholics)
- Canon Law for the Orthodox Churches
The third code of Canon Law, for the Orthodox Churches, is written and promulgated by them, not by us. None of our Codes of Canon Law apply to them, to Protestants, Muslims or Jews. They apply only to us. When our code says that we cannot receive Communion at Divine Liturgy in an Eastern Orthodox Church, unless certain requirements are met, the law is speaking to Catholics, not to the Orthodox. It’s not telling the Orthodox that they can’t offer Holy Communion to Catholics. It’s telling Catholics that we can’t go to Holy Communion at an Orthodox Divine Liturgy unless we have permission to do so. As far as the Catholic Church is concerned, the Orthodox priests can do whatever their hierarchy allows them to do.
The case with the SSPX priests is different. As long as they profess to be Roman Catholic, they are bound by Canon Law for the Latin Church. Our code of law explicitly says that a suspended priest may not celebrate the sacraments, except in a life and death situation.
This has gotten very tricky for many of the SSPX priests, because on the one hand, the Society invokes Canon Law to defend itself in certain situations and on the other hand, it rejects some canons or appeals to the Code of 1917, which is not in effect.
This proved so problematic for some of the SSPX priests that they left the Society after the excommunication and suspension. That’s how the FSSP came into existence. The FSSP will tell you that it is very difficult to live inside the law in some instances and outside the law in other instances. That’s why they choose to join the FSSP rather than the SSPX.
Fraternally,
Br. JR, OSF