The below link (
http://www.vatican.va/roman_curia/p..._pc_intrptxt_doc_20000706_declaration_en.html) suggests a path.
This brief document asserts that abstainers re Canon 915:
(i) are still juridically “publicly unworthy” due to their ongoing state/condition.
This is why they may not receive publicly.
(ii) The reason that abstention allows private access to Communion is because they:
…would not be considered to be within the situation of serious habitual sin.
That is interesting. Because they can now access Confession then they may well be failing every month, confessing and continuing to receive Communion.
How does that not objectively constitute “serious habitual sin?”
If that habitual sexual activity can be understood not to be “habitual sin” simply by means of an inability to fully effect an ongoing intent to abstain from marital acts…why cannot the same be said of a remarried Catholic wife who feels her non-Catholic first-time-married Protestant husband did not marry her to be a monk and she has no right to deny him what she promised in the past and which condition she continues to perpetuate with Church toleration (a 2nd marriage for the sake of the kids).
If she cooperates with her husband when required, can she still not have a private personal intention to abstain even if she is unable to objectively instantiate it for any great length of time due to her husband’s reasonable needs…and who would find abstention unreasonable in a marriage that he and his wife clearly signed up for at the time.
Should she be denied Confession access simply because she cannot effect that abstaining intent?
Yes its also habitual sin just like the above abstainers.
But can she not also be ongoing contrite at the same time and credibly so…or at least as credibly as the above regularly failing “abstainers”?
Cardinal Burke may have the answer himself as per 2007: (Canon 915: The Discipline Regarding the Denial of Holy Communion to Those Obstinately Persevering in Manifest Grave Sin)
Regarding Holy Communion, the Synod of 1736 legislated that the “publicly unworthy” are not to be admitted to Holy Communion.
The legislation gives as examples of those to be denied Holy Communion the following: heretics,
schismatics, apostates, the excommunicated, the interdicted, and the openly notorious, such as prostitutes, the cohabiting, usurers, sorcerers, fortune-tellers, blasphemers and other sinners of this public kind.
The legislation gives
two conditions under which they may subsequently be admitted to receive Holy
Communion:
- the establishment of their penance and change of life;
- the prior repair of public scandal.
Well, abstainers, even regularly failing ones, might borderline pass on (1).
However it is hard to see how they have passed on (2) given they are not required by JPII to divorce and separate as an absolute.
So I do not see why Card Burke is offended by AL but not by FC.
Perhaps he secretly is?