Deacon eligibility

[Joanne67]

My husband is discerning a vocation to the diaconate. Seven years ago, after the birth of our third child, he had a vasectomy. We were cafeteria Catholics at the time and not long after we both experienced a conversion. Because of this conversion, my husband had his vasectomy reversed so we would be open to God. Although we have just to conceive another child, we both feel that we repented of past poor judgement.

However, I have a question regarding Canon 1041 (44) which states “The nomination of an applicant to the diaconate formation program cannot be accepted and promotion for ordination to the Order of the Deacon cannot proceed for one who has seriously and maliciously mutilated himself or another person or a person who has attempted suicide.” Does this preclude my husband from the diaconate? He needs to talk to our priest but I wanted to see if I could get an answer before then.
Thanks! Jo

 

[cameron_lansing]

I was a director of permanent deacons for 13 years and am a canon lawyer.

It is possible for a dispensation to be given from irregularity or impediment. A precise determination on evaluating the situation and proceeding pertains to the diocesan bishop. The condition of having had a vasectomy need not be revealed to the parish priest, but must be made known to the bishop, typically through the person whom he has appointed to supervise the diaconate.

God bless. We’re glad you’ve left the cafeteria for the banquet.

The citations follow (translation from CLSA, 1983).

Canon 1041: The following are irregular as regards the reception of orders: (1) one who labors under some form of insanity or other psychic defect due to which, after consultation with experts, he is judged incapable of rightly carrying out the ministry; (2) a person who has committed the delict of apostasy, heresy or schism; (3) a person who has attempted marriage, even a civil one only, either while he was impeded from entering marriage due to an existing matrimonial bond, sacred orders or a public perpetual vow of chastity, or with a woman bound by a valid marriage or by the same type of vow; (4) a person who has committed voluntary homicide or who has procured an effective abortion and all persons who positively cooperated in either; (5) a person who has seriously and maliciously mutilated himself or another person or a person who has attempted suicide; (6) a person who has performed an act of orders which has been reserved to those who are in the order of episcopacy or presbyterate while the person either lacked that order or had been forbidden its exercise by some declared or inflicted canonical penalty.

Canon 1047 §1. A dispensation from all irregularities is reserved to the Apostolic See if the fact upon which they are based has been brought to the judicial forum. §2. A dispensation from the following irregularities and impediments to receiving orders is also reserved to the Holy See: (1) from the irregularity arising from the public delict mentioned in can. 1041, nn. 2 and 3; (2) from the irregularity arising from the public or occult delict mentioned in can. 1041, n. 4; (3) from the impediment mentioned in can. 1042, n. 1. §3. Also reserved to the Apostolic See is a dispensation from the irregularities precluding the exercise of an order already received which are mentioned in can. 1041, n. 3, but only in public cases, and in can. 1041, n. 4, even in occult cases. §4. The ordinary can dispense from irregularities and impediments not reserved to the Holy See.

 

[Joanne67]

Thanks so much for your response. Jo