Can a funeral be denied?

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DivotDan

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Recently in the local newspaper, a man who was publicly “married” to another man was being given a Catholic funeral. How can that be?
 
Code of Canon Law:
Can. 1176 §1. Deceased members of the Christian faithful must be given ecclesiastical funerals according to the norm of law.
The Rites of Christian Burial are considered a right of the baptized according to canon 1176. Note that the canon says they “must” be given a church funeral. “Must” is not a word canon law usually casually, it implies a right or an obligation.

This right is not an absolute however, there are a few conditions that qualify for a refusal of the rites of burial:
Can. 1184 §1. Unless they gave some signs of repentance before death, the following must be deprived of ecclesiastical funerals:
3/ other manifest sinners who cannot be granted ecclesiastical funerals without public scandal of the faithful.
§2. If any doubt occurs, the local ordinary is to be consulted, and his judgment must be followed.
Canon 1184 gives situations in which someone is to be deprived of a right. Such canons must be interpreted strictly (canon 18).

A gay marriage (or any civil marriage) is a manifest/public act, the only question is whether such a funeral would give public scandal. Scandal means something that leads others to sin (Catechism #2284). Would giving the Rites of Christian burial lead others to sin more so than denying him/her the Rites? That is not a black and white question and thus its answer rests with the local Ordinary whose decision *must *be followed.

We need to remember that the Rites of Christian Burial are not a reward for a good life, they are the sacrifice of the Eucharist and prayers offered for the forgiveness of the sins of the deceased. Burying and praying for the dead is an act of mercy (Catechism #2447). We should not refuse acts of mercy (or canonical rights) without justification.

The Church does bury the dead who are in other forms of civil marriage not recognized by the Church (Catholics married outside the Church & the divorced and remarried without annulment). The general thinking has been that it is more scandalous to the faithful to refuse the funeral than to do it.

Each situation has its unique set of factors that need to be weighed. A baptized Catholic has a right to a Catholic funeral unless his/her funeral would definitively be a scandal to other Catholics. As noted above, the restriction of a right must be interpreted strictly and therefore there can be no doubt that the conditions for the restriction are completely fulfilled. Such situations are extremely rare since the faithful are usually more scandalized by what they perceive as a lack of mercy when a funeral is denied.

If there is any doubt, the local Ordinary (and no one else) has the ultimate say in the matter.
 
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