While we may disagree and even sanction some of the behavior of the SSPX and some radical traditional elements who identify themselves as such, we must also be honest and compassionate.
The deacons and priests of the SSPX are ordained by validly ordained bishops. The four bishops now three, of the SSPX were ordained by a validly ordained bishop. Therefore, they have full apostolic succession.
The ordination of these clergymen is illegal or illicit, because the Church must grant permission for ordinations, even to the diaconate, much more so to the Order of Bishop.
When a cleric is illegally ordained and said cleric knows that he is being illegally ordained, he is automatically suspended. He does not need a formal letter from a bishop or the Vatican. The law suspends him.
A priest who is suspended forfeits the right to celebrate any of the sacraments. Each time that he celebrates the sacraments, he sins seriously against obedience and against the Primacy of Peter, because he is failing to exercise the ministry in communion with Peter. To exercise the ministry in communion with Peter, you must have permission to minister.
Having said this, if a cleric of the SSPX celebrates the sacraments, they are valid, because he is validly ordained, but they are illicit with two exceptions.
The laity who seek the sacrament of matrimony or the sacrament of reconciliation from the priests of the SSPX are not part of the SSPX. These laymen are part of a canonical diocese. They owe obedience to their local bishop and they must receive these two sacraments from priests who have received faculties from the local bishop.
If a priest attempts to absolve a layman from Diocese X without the faculties from the bishop of Diocese X, the absolution is invalid and the person remains in a state of sin.
There are some conditions under which the absolution is valid, because the Church supplies. Before we go there, let us be clear that the SSPX’s explanation of Supplied Jurisdiction is its own explanation, not that of the Holy See. It’s only authoritative to them, not to the Church. Only the Church can authoritatively define canonical principles not individuals or institutes.
When does the Church supply jurisdiction to absolve:
- In danger of death
- While traveling
- When the penitent does not know that the priest is suspended and he assumes, in good faith, that the priest has the power and authority to absolve him.
Other than that, the priests of the SSPX must receive faculities/permission to absolve from the local bishop or from a male major superior of religious order. The latter can only grant that permission if the confession is to be heard in a house or institution of the order and those going to confession are under the jurisdiction of the religious superior, such as lay students and all religious.
If you know that the priest is suspended and you decide that the law does not apply, you are acting in a schismatic manner, because you are taking the law into your own hands or accepting the interpretation of someone who is not authorized by the Church to interpret the law.
Marriage is very similar. The form requires that the priest or deacon witnessing the marriage have faculties from the local bishop and permission of the pastor of the territorial parish where the marriage is to take place.
Without the bishop’s permission the marriage is invalid. Without the permission of the territorial pastor the marriage is illegal. I would not want to live wondering about my marriage.
Having said all of this, the SSPX is NOT in the same situation as Protestants nor as Orthodox Christians.
Protestants do not have valid orders. Therefore, there are few valid sacraments in Protestantism. If memory serves me right, only baptism and matrimony.
Orthodox are governed by our Code of Canon Law. The Orthodox Churches have their own code of law. Even though they are in schism, our laws do not apply to them. The only thing that is universal is truth, not legislation.
Therefore, Orthodox clergymen who have permission of their bishops and are validly ordained by their bishops, celebrate valid and licit sacraments. Thus we say that we have a Communion in Sacris with them, which is a communion in the sacred.
We don’t have such a communion with the SSPX, because of the suspended state of its clergy. There are sacraments that it’s clergy cannot validly celebrate. If my memory serves me right, the only sacrament that you can administer without permission is Baptism. The others then would be valid, but illicit/illegal.
But it would be very wrong for us to deny the apostolic succession of the clerics of the SSPX or the validity of their ordination. In fact, ,such a denial is a violation of justice. Their ordinations are illegal, but valid.