To be fair, the current canon law allows any baptized person–including, but not limited to spouses–to receive in individual cases, and provides the conditions for those cases:
§4. If the danger of death is present or if, in the judgment of the diocesan bishop or conference of bishops, some other grave necessity urges it, Catholic ministers administer these same sacraments licitly also to other Christians not having full communion with the Catholic Church, who cannot approach a minister of their own community and who seek such on their own accord, provided that they manifest Catholic faith in respect to these sacraments and are properly disposed.
Yes, this Canon has been around for awhile; the main debate about the German document seems to be whether or not “being unhappy about not being able to receive communion” constitutes a “grave necessity”. If it does, it would seem to me to set the bar so low as to render that whole part of the law meaningless. I have read probably a half a dozen articles by canon lawyers about this whole German situation, and I have not seen even one of them say that they would consider such a situation to rise to the level of “grave necessity”.
And even if for argument’s sake we say it does, there is still the second part of the canon to deal with. This is the part that seems to be ignored in most debates about this document; not only must the criteria for “grave necessity” be met, but all of the other conditions of the canon must be met as well. It is “and”, not “or”. So say a protestant spouse of a practicing Catholic approaches a priest about receiving communion. Say that the priest agrees that since they really want communion because their spouse gets it, that they are in a situation of “grave necessity”. They would still fail to meet the other conditions because they could clearly still approach a minister from their church for their version of communion. They’re not in danger of death, so there is no reason why they could still not receive at their church.
And of course there is the other criteria of being properly disposed. It is interesting how the German bishops claim that protestant spouses of Catholics are supposedly clamoring for Catholic communion, but you never hear anything about them wanting Catholic confession. So are these protestants who want to receive communion in the Catholic Church going to be going to confession first? I have a strong feeling that this part of the requirement is being glossed over as well in Germany.
My question is that if there are these theoretical protestants in German who are married to Catholics, strongly desire the Eucharist, and manifest Catholic faith in the sacraments, why don’t they set up some kind of expedited conversion process to bring them into the Church formally.