“With the backing of Timmins Bishop Paul Marchand, Fr. Lemire repeatedly asked Angus to reconsider his position, noting that the Catholic politician was ‘scandalizing members of our faith community,’ and warning him that he was placing himself in a position where he would have to be denied communion.” —TIMMINS, July 6, 2005 (
LifeSiteNews.com)
Denial as Penalty
To deny admission to Holy Communion to the excommunicated (canon 1331) or interdicted (canon 1332) canon 915 requires that the penalty be imposed or declared. It cannot have been simply incurred (latae sententiae).
Penalties can only be imposed by an ordinary (such as a diocesan bishop or a competent religious superior), or one with that delegated power or a judge. It would not seem that the parish priest could either impose or declare an interdict.
**
Another possibility**
But he could deny communion, and would have to, on the basis of another reason.
Here’s why. The denial of communion (canon 915) is a separate institute in canon law from either interdict or excommunication (canons 1331 and 1332 ) since it may be inflicted for other reasons, namely upon “others who obstinately persist in manifest grave sin.” In fact, the Declaration by the Pontifical Council for Legislative Texts (July 6, 2000) used this canon in explaining why the divorced and remarried (without a declaration of nullity or a privilege of the faith) were prohibited from the reception of Holy Communion, even though not excommunicated or interdicted.
So after looking at the news reports as a canon lawyer, I am uncertain whether or not an interdict, a medicinal censure intended for the reform of the erring Catholic as Deacon Ed notes correctly, had been actually imposed or declared by the Bishop of Timmins. The imposition or declaration of a censure is different from the case of it being automatically incurred by the commission of an offense. A warning, while generally required before the imposition of a censure, also seems required in the case of those who “obstinately persist in manifest grave sin.”
Perhaps the parish priest may have acted on the basis of
- obstinate persistence (i.e., the politician got warned but continued in his ways)
- manifest (publicly known in the community)
- grave sin (see next paragraph).
Note that all three conditions are necessary to invoke the canon.
The determination of the gravity, I suspect, turned to the traditional notion as the Catechism expresses it: “2284 Scandal is an attitude or behavior which leads another to do evil. The person who gives scandal becomes his neighbor’s tempter. He damages virtue and integrity; he may even draw his brother into spiritual death. Scandal is a grave offense if by deed or omission another is deliberately led into a grave offense. 2285 Scandal takes on a particular gravity by reason of the authority of those who cause it or the weakness of those who are scandalized. . . . “
We should also note that canon 915 is placed in Book IV of the code, Sanctifying Office, rather than in Book VI, Sanctions in the Church. It is directed to the ministers of the Church. Excommunication and interdict prevent the reception of all sacraments, including that of confession. The application of canon 915 under the title of perseverant, manifest and grave sin allows one to make a valid sacramental confession though.
Heresy
On the heresy part, I would only reference the salient part of canon 751, “Heresy is the obstinate denial or obstinate doubt after the reception of baptism of some truth which is to be believed by divine and Catholic faith.” The process of declaring heresy is a fairly slow process and tends to be done in a Roman Congregation, such as CDF (Congregation for the Doctrine of the Faith).
Is it that these people deny obstinately or doubt obstinately a certain truth regarding matrimony which must be believed with divine and Catholic faith (a technical term). Or is it they have just ignored ? To give three extreme examples. Even adulterers can believe in marital fidelity. Even murderers can believe it is wrong to murder. Someone who believes in the real presence may still commit a sacrilege against it. Similarly, one may sin against a truth which must be believed with divine and Catholic faith.
My personal opinion though is that these kinds of politicians and the Planned Parenthood folks have left the Church in reality long ago, even though they cling to the labels, and assert the “right” to tell the Church what we should believe. At least, they have severed themselves from full communion (i.e., unity) in a rather serious manner, need a change of heart and reconciliation with the Body of Christ.
Well, God will judge us all, and we have to pray for the wayward. All of us depend on divine mercy.
(Deacon) John Cameron MA Theol, JCL
Lansing, Michigan