The bishop has done neither. Excommunication of conscience is a very old term, which rarely used today. Today we would use the term “dissent”. It boils down to the same thing.
If there is a doctrinal difference between the SSPX and the Church, then they are not in communion. They are not out of communion, because of a penalty, which is what we normally refer to as excommunication. They are out of communion because of the dissent in doctrine. To use old language, the are out of communion or simple excommunication of conscience.
The Holy Father has always stated that the SSPX are out of communion on doctrinal points. He has not told the world what those doctrinal points are and he does not need to tell the world. The world does not need to know, unless the SSPX decides to break off from the Catholic Church. To make those points public to the world, would only make matters worse, when in fact, he’s trying very hard to bring them home.
He did mention one doctrinal point in his interview for Light of the World. He mentioned unioin with the Primacy. He explained that this is a doctrinal point. All Catholics must be in union with the Primacy. To believe that one can be in conflict with the Primacy, for lack of a better term, it contrary to the doctrine of union. How one is in union and at the same time disagrees the pope did not say. I’m sure that Cardinal Levada and Bishop Fellay know what those doctrinal issues are, but no one is telling us.
We simply have to believe Pope Benedict when he says that they are not in full doctrinal communion. This is what is called excommunication of conscience. It’s not a canonical term. That’s why you don’t find it in canon law. It’s a really a theological term that describes a situation. One way of understanding it is when your conscience and the Church’s conscience are not in communion. You’re conscience is excommunicated or out of communion. It’s from the Lattin.
Fraternally,
Br. JR, OSF