H
Hoosier_Daddy
Guest
Thanks. Most women I have known who have had abortions would have fallen under the penalty if excommunication, though I don’t think you have to know you will be excommunicated…I’m not a canon lawyer…my canon law “expertise” (if you can even call it that) is limited to the six credit hours I took in seminary, and most of that dealt with marriage law. But, here goes…
Canon 1398 does affirm that procuring a direct abortion incurs a latae sententiae excommunication.
However…, that must be read in light of Canon 1323, which outlines when a person is NOT subject to penalty (in this case, excommunication) for violation of a law or precept. Those restrictions are:
So, practically speaking, what does this mean? It means for someone to be excommunicated for the sin of abortion, the person MUST, at one and the same time: be at least 16 years old AND know that this particular action was wrong AND know that it carried with it the penalty of excommunication AND not have anyone forcing her to have the abortion AND not be coerced by fear from a boyfriend, parents, missing work, missing school, boyfriend’s parents, etc. AND have full use of her reason AND not even THINK there was reason to be afraid.
- Anyone under 16
- Was ignorant of having violated a law or precept
- Not be forced to violate said law/precept
- A person who acted coerced by grave fear, “even if only relatively grave.”
- A person who acted with moderation against an unjust aggressor
- A person who lacked the use of reason (except for reason of drunkenness or influence of drugs)
- A person who, without negligence, thought a circumstance mentioned in #'s 4-5 was present
I can’t think of any girl or young woman who WOULDN’T be afraid after learning of an unexpected pregnancy. I can’t think of one who would be of sound mind. Basically, to incur the excommunication, you have to pretty much say, “I’m getting this abortion for the sole purpose of being excommunicated from the Catholic Church. I’m making this decision on my own, without any outside influence. I don’t have any fear of being cut off by my parents, my boyfriend dumping me, missing out on school work, losing out on a promotion, etc. I’m having this abortion simply because I want to.”
Now, I suspect some might think I’m too loosely interpreting this canon. In that case, I would also note Canon 36, Section 1, which says, “In a case of doubt, those [administrative acts] which…restrict the rights of a person…are subject to a strict interpretation; all others are subject to a broad interpretation.” (emphasis mine)
In other words, the above criteria should be read broadly. For instance, is missing class and being the subject of gossip a source of “grave fear” for a 16 year old girl? Certainly, yes, in most cases. Therefore, no excommunication.
Sadly I have known a few. They all knew the church taught against it and I don’t think coercion counts as it just being easier than telling parents or the cost of a baby.
If it were so rare then the pope would probably have not needed to make it a major worldwide focus for the year of mercy…