The issue is that apparently the two adults involved, the priest and the woman, had separated and she had married. He had apparent become reconciled with the order. As far as everyone thought, everything was OK. The woman had moved on to a new marriage. The order paid the child support and the priest kept the distance that he has promised to keep.
According to the Rule of St. Francis, (this is a Franciscan Friar), no friar can be penalized if he repents. Before he can be penalized he must receive three verbal warnings, three visits by his Minister, three written warnings. The current suspension counts as one written warning. He still cannot be dismissed from the order, because over and above being a priest, he is a religious in solemn vows. Solemn vows are not violable. The person remains in solemn vows, even when he sins and those orders that have solemn vows cannot dismiss their members without the consent of the Superior General, the Sacred Congregation for Institutes of Religious Life and Societies of Apostolic Life and the Holy See.
Now that he is suspended, he can’t celebrate the sacraments in public. But he remains a member of the Franciscan Order and must live as a friar unless his Provincial Minister grants him a leave of absence. This is only good for one year and then he must be returned to this religious community. In the meantime, while he is outside of the community, he must live as a friar. If he fails to do so, he will receive a second written warning.
The issue why this came up so suddenly is because of a new allegation that had never come out 22-years ago. There was no alleged cover-up. The order did what St. Francis commands in the rule. The order does ot have the authority to change the rule. Only a pope can change a rule and that’s a process that takes almost three-years to do. The Franciscan Rule has not been changed since 1223 because Pope Honorius placed a Papal Bull on it, freezing it for all time until such time as another pope ordered a General Chapter to rewrite it. That is the process that takes three-years.
This question came up in 1978. Pope Paul VI said that it need not be changed. It came up in April 2009 and Pope Benedict said that it need not be changed. The rule stands as it is and no friar can be dismissed from the order without going through the process that St. Francis set up.
Every religious order with solemn vows has the same rights. these are the ones who follow the following rules: Benedictine, Carmelite, Franciscan, Augustinian and Basilian… These are exempt religious orders. They govern themselves under the authority of the Holy Father. A bishop can suspend one of their priests from functioning in his diocese, but not in the religious houses or institutions that belong to the order. Only the successor of St. Francis or successor of the founder of the particular order can do that, as described in their constitution and their statutes.
Fraternally,
Br. JR, OSF