I think that those who are defending the SSPX here are missing a canonical point. No society of apostolic life, no association of the faithful, no religious order, no religious congregation, no lay organization using the name Catholic may setup house in a diocese without the permission of the diocesan bishop. The only exception to this law is Opus Dei. Even they are supposed to send an advanced notice to the local bishop before they arrive.
The bishop has the right to tell anyone who calls themselves Catholic that they may not be in his diocese unless he grants them permission to be there. What he is saying is that if you apply one canon law, you must also apply the other. The law has not changed. The Ordinary of the diocese is the only person who can allow anyone to use the name “Catholic” in his diocese.
When the SSPX call their chapels, schools, etc Catholic, they are in violation of canon law. You can’t do that without the authorization of the bishop. There is a difference between an institution that is Catholic and an institution that is run by Catholics. For example, something like CAF can only use the name Catholic, because the Archbishop of San Diego granted the permission.
In addition, the bishop is also reminding them of something that is also law. A priest cannot administer sacraments in a diocese without the permission of the bishop, unless the priest belongs to an exempt religious order and has the permission of his superior. The bishop refers to the letter from the superior. The superior of the SSPX does not have the canonical authority to write such a letter.
The bishop also points out that even if they ask him for permission to minister in his diocese, he cannot grant it, because there is a doctrinal separation between the SSPX and the Church. That term, doctrinal, is not one of his making. It came from Pope Benedict.
The excommunication to which he refers is a very ancient concept, which is different from what we know today, but is still a valid one. When there is a doctrinal break, there is an excommunication. It is not the same kind as a disciplinary one, as what happened when the Archbishop ordained the four bishops. In this context, the term is employed to mean “out of communion with”. We know that the SSPX is not in full communion with the Holy See. The bishop’s language may be a trifle archaic, but the concept is still in place in the Church. Pope Benedict refers to it himself when he refers to the matter of doctrine. He simply uses more modern language.
Reading this letter, my take is that the bishop is not a proficient writer of English. It is not suprising that he uses archaic language to refer to a very real and current situation, the fact that the Society as a whole is not in full communion with the Holy See.
These letters are going to keep coming from many bishops, until the Society does something to repair its situation. The fact is that these letters are not issued in a bubble. There are copies sent to the Holy See. If the bishop is in error, the Holy See will correct it. If the Holy See lets the letter stand, then we know that the bishop has the support of the Pope and Cardinal Levada.
We should not dismiss his right to write such a letter. This is the kind of letter that a bishop would send to Franciscans, Dominicans, Jesuits, Sisters of Charity or Legion of Mary if any of them enter his diocese without his permission. In my own diocese, these letters have been issued about a number of societies, religious communities and lay organizations. They are not unusual.
On the flip side, when an organization that calls itself Catholic asks for permission to enter a diocese, there is a letter of erection from the bishop. Every time that we enter a diocese with the intent to stay, we must get a letter of erection.
Then there are other letters that you must get from a bishop. I’m going to TX in January. To enter the diocese, I had to get a letter from my superior giving me permission to enter San Antonio. I had to send that letter to the bishop. He then wrote back a letter giving me permission to get off the plane. I’m only going to be there to deliver a talk and leave in two days time. If I were going to visit a relative or vacation, I would only need the letter from my superior granting me permission to travel. Because I’m going to speak to Catholics in that diocese, as a Catholic, I need the bishop’s permission months before arriving. I believe that we started this process in July for a two-hour talk in January.
This is not new to clergy or us who are religious. I’m surprised that they have not received similar letters from other bishops or they may have and we just don’t know about it. We don’t always have a need to know.
I just think that it’s sad that this situation exists at all.
Fraternally,
Br. JR, OSF
