There are a few details that are not clear from this article. It does not say if these individuals are marching with the pastor’s blessing. One thing that I noticed was that the contacts were lay people with addresses outside of the parish. The other thing that I noticed is that the people doing the speaking are lay men, not the Jesuits.
If we look at this from another perspective, the Archbishop has asked that they not march. He has not ordered them not to march. Canonically, requesting and ordering are not the same. Their actions do not incur any canonical or moral consequence, because it’s not defiance. The Church only applies the word “defiant” when a law has been broken or a command has been ignored. If it is a request, Church law says that there is no defiance and no sin. It is an imprudent choice on the part of the participants. Please understand that my role as Franciscan Brother of Life is to clarify these life issues for the faithful, not to agree or disagree with the folks in this article. In fact, I’m not allowed to have an opinion, except that which is allowed to me by my superior.
That being said, there is the second question, which is not clear and that is the position of the Jesuits in this. If this is a diocesan parish, even though it is administered by a religious order, the local bishop has the authority to make such rulings as “you may not march under the name of the parish.” The Jesuits are bound to obey that ruling, because they do not own the parish. They are employed by the Archdiocese. You cannot represent your employer, unless he gives you permission to do so. The same applies to the Church.
The Jesuits may march in the parade under their own names, with the permission of their provincial superior. The bishop has no authority over religious. Religious orders of men never answer to bishops. This is against Church law and it’s an abuse to expect them to do so. The reason for this law is that the provincial superiors and the general superiors are higher ranking than the bishops, even if these superiors are not priests. A consecrated religious superior has a higher rank in the Church’s line of authority than a bishop in relation to his religious order. This only applies to orders, not to congregations of sisters. Women do not have the same privilege of Ordinary Authority. Since the Jesuits are not women, they have the right of Ordinary Authority. The article does not say that the Jesuits are marching or that the Jesuit Provincial has authorized them to do so. I don’t know if the Jesuits are being disobedient or not. There is no comment about them.
If this is a canonical parish, then it belongs to the diocese. Parishes never belong to religious orders. Even if we build them with our own money, they automatically belong to the diocese in which they are erected. The Jesuits and the laity have an obligation to obey the bishop’s orders. But the bishop must give an order and it has to be in writing to have authority over the religious, not the laity. A bishop can give oral orders to laity and to secular priests, and women religious, never to male religious. When he writes such an order to them, he must sent a copy to the provincial superior or the superior general who must then require his religious to comply with the bishop. The article does not say if any of this has taken place or if there has been any dialogue between the Archbishop and the Jesuits. We’ll have to wait and see.
Finally, there is an error in one post, about the suspension of priests. If you are a male religious AND a priest, your status in the Church is that of a consecrated priest, which is different from your typical parish priest. Parish priests are usually secular men. If you are a religious the bishop can only suspend you from celebrating the sacraments on his property. He has no jurisdiction over you outside of Church property. Only the major superior can suspend your faculties in the diocese and anywhere else. If the Archbishop suspends a Jesuit, that priest cannot celebrate the sacraments in any diocesan facility. But he can celebrate them in any facility owned by any religious order. The religious superiors can grant faculties. If he goes to a Dominican house, the Prior can grant him faculties to celebrate the sacraments. The Prior outranks the bishop, inside of the priory, even if the priest is a Jesuit. It’s the Dominican’s house.
In addition, the bishop cannot penalize the Jesuits. That’s why to some it may look like nothing is ever done. It’s not that nothing is ever done; it’s that it is a grave sin, punishable by excommunication, for a bishop to penalize a religious order. Once the order is canonically established in a diocese, to penalize the order constitutes barring the order. No bishop has the authority to bar a religious order of men, nor to disband it either, not even within his diocese. Once they are in, they are in to stay. Only a pope or a superior of that order can consequence a religious community. That’s why bishops have to tread gently when dealing with religious orders of men. They can end up excommunicating themselves in trying to do the right thing by doing it the wrong way. The best thing for the bishop to do is to negotiate a solution with the Jesuit superior, if the Jesuits are involved in the march at all. If the Jesuits agree not to go to the march, then they are not the guilty ones here. There are many things that take place behind closed doors that most of us do not see or ever get told about, because the Church is not allowed to share with the laity. Let’s hope and pray that this will be settled in a way that is for the good of all.
Fraternally,
Br. JR, OSF
