Melkite - Petition for Excommunication - Question

[dans0622]

This is not accurate. You can defect from any sui juris church, Western or Eastern, by virtue of written request. No trial is held, and no excommunication is proclaimed. Neither defection nor excommunication absolves an individual of their duties under canon law regarding marriage, mass attendance, or anything else, in the Western or Eastern churches.

Hello,

I would be interesting in seeing the idea of “formal defection” in the law of any Eastern Church (it would have to be particular law since I am certain that the term is not in the CCEO). If you could provide a source, I’d be grateful.

As to the consequences of formal defection as it was enshrined in the Latin Code, it certainly did relax the requirements of law in regard to the impediment of disparity of cult (c. 1086), the mandatory form of celebrating marriage (c. 1117), and the permission for mixed marriage (c. 1124). Clearly, then, the purpose of formal defection was to allow “former Catholics” to enter valid marriages.

Since the passages in these canons in regard to formal defection are no longer present the the Latin Code (per “Omnium in mentem”), there is no longer the notion of “formal defection” in the law of the Catholic Church. Certainly, a person can “notoriously defect” from the Church but that does not require any written correspondence. This notion is still present in both Codes, e.g., in the canons regarding the loss of an ecclesiastical office after “notorious” or “public” defection from the Church.

The OP asked about a petition for excommunication so I addressed the issue from that perspective. The only way for an Eastern Catholic to be excommunicated is through a formal trial, either judicial or administrative (see CCEO c. 1402).

Thanks for your time.
Dan

 

[Maryann_C]

Yes, you can kick and scream and say ‘but I didn’t ASK to be Catholic - it’s so UNFAIR!’. But it’s true nonetheless.

L

Actually if you read all the OPs posts he did ask to be Catholic , Roman first and then Melkite. Sounds like he is still on the journey to somewhere…like Merton was. Praying he finds the right destination.

 

[Lancer]

Not any more…you cannot formally defect from the Catholic Church…by Canon Law…as of 2009…per OMNIUM IN MENTEM **** TO EVERYONE’S ATTENTION.]…here is an excerpt…w/link below.
Pax Christi

APOSTOLIC LETTER “MOTU PROPRIO”
OMNIUM IN MENTEM

OF THE SUPREME PONTIFF BENEDICT XVI
ON SEVERAL AMENDMENTS TO THE CODE OF CANON LAW

Experience, however, has shown that this new law gave rise to numerous pastoral problems. First, in individual cases the definition and practical configuration of such a formal act of separation from the Church has proved difficult to establish, from both a theological and a canonical standpoint. In addition, many difficulties have surfaced both in pastoral activity and the practice of tribunals. Indeed, the new law appeared, at least indirectly, to facilitate and even in some way to encourage apostasy in places where the Catholic faithful are not numerous or where unjust marriage laws discriminate between citizens on the basis of religion. The new law also made difficult the return of baptized persons who greatly desired to contract a new canonical marriage following the failure of a preceding marriage. Finally, among other things, many of these marriages in effect became, as far as the Church is concerned, “clandestine” marriages.

In light of the above, and after carefully considering the views of the Fathers of the Congregation for the Doctrine of the Faith and the Pontifical Council for Legislative Texts, as well as those of the Bishops’ Conferences consulted with regard to the pastoral advantage of retaining or abrogating this exception from the general norm of can. 11**, it appeared necessary to eliminate this norm which had been introduced into the corpus of canon law now in force.**

Therefore I decree that in the same Code the following words are to be eliminated: ** “and has not left it by a formal act” (can. 1117); “and has not left it by means of a formal act”** (can. 1086 § 1);** “and has not left it by a formal act”** (can. 1124).

clsa.org/news/40056/General-News-Omnium-in-Mentem-English-Translation.htm

Also…even** Wikipedia** has it:

Formal act of defection from the Catholic Church

A formal act of defection from the Catholic Church (Latin actus formalis defectionis ab Ecclesia catholica) was an externally provable juridic act of departure from the Catholic Church,[1] which was recognized from 1983 to 2009 in the Code of Canon Law as having certain juridical effects enumerated in canons 1086, 1117 and 1124. The concept of “formal” act of defection was narrower than that of “notorious” (publicly known) defection recognized in the 1917 Code of Canon Law[2][3] and still narrower than the concept of “de facto” defection. In 2006, the Pontifical Council for Legislative Texts specified in what a formal act of defection from the Catholic Church consisted.[4] In 2009, all mention of a formal act of defection from the Catholic Church and of any juridical effects deriving from it was removed from the Code.[5]

en.wikipedia.org/wiki/Formal_act_of_defection_from_the_Catholic_Church

 

[File_Not_Found]

I appreciate the feedback in this thread. I intend to respond to some of your posts, but will unfortunately be away from the computer through the weekend. I will try to post again on Monday or perhaps Tuesday at the latest. Thanks again to all who are participating.

By the way, if anyone knows the owner/moderator of ByzCath.org and frequents that message board, please pass along the message that “File Not Found” is indeed serious and to please reconsider their rejection of my membership request. I wasn’t planning on hanging around there and causing trouble. I was hoping maybe someone in Melkite clergy/deaconate might be hanging around there who could give me definitive information about exactly what my options are and specifics on who to contact at the Chancery/Eparchy.

P.S. I am estranged from the Melkite priest who sponsored my canonical transfer and I hope not to have to involve him. I prefer to directly petition the Eparchy.

Thanks again. Until Monday.

 

[malphono]

Just wondering.

If you no longer believe then why not just stop going? Why do you feel that you have to go through all this work?

Yes, quite. I was wondering the exact same thing.

 

[dzheremi]

I just stopped going. In terms of the level of work involved compared to getting my name removed from the records or whatever, it was way easier. As easy as doing nothing can be. But I guess some people want to make a statement of what they don’t believe in.

 

[smad0142]

I just stopped going. In terms of the level of work involved compared to getting my name removed from the records or whatever, it was way easier. As easy as doing nothing can be. But I guess some people want to make a statement of what they don’t believe in.

Why does you religion list you as a Coptic Orthodox Catechumen if you left?

 

[File_Not_Found]

The only way for an Eastern Catholic to be excommunicated is through a formal trial, either judicial or administrative (see CCEO c. 1402). Thanks for your time. Dan

Couldn’t an administrative trial be as simple as a couple of administrators at the Eparchy looking over a letter stating my social and political views stand in direct opposition to the teachings of the Church?

 

[dzheremi]

Why does you religion list you as a Coptic Orthodox Catechumen if you left?

Forgive me, I mean I left communion with Rome, not Christianity altogether. I just stopped going to any church of the Roman communion.

 

[Cristiano]

Couldn’t an administrative trial be as simple as a couple of administrators at the Eparchy looking over a letter stating my social and political views stand in direct opposition to the teachings of the Church?

I think that you are really confused about excommunication. Excommunication does not mean that you are not part of the Church anymore. It is a spiritual disciplinary practice to bring the sinner back into the Church.
Once you are baptized and confirmed in the Church you are part of it, you are in a position similar to an individual that does not like his biological parents and so he wants a formal document to say that now his DNA is suddenly different just because he wants so.

 

[File_Not_Found]

But I guess some people want to make a statement of what they don’t believe in.

The Bishops flex their political muscle by claiming to represent a voting block of Catholics whose numbers would be one less if my name were not on a diocesan roll. It is they who are making statements that I don’t believe in. What I want is not to be counted as one of their statistics. Catholics of all people should understand the principal of undesired agreement by association, being the ones who are so adamant about not supporting birth control even indirectly through health insurance.

 

[File_Not_Found]

Yes, quite. I was wondering the exact same thing.

Please see the post directly above where I address this issue regarding one of the primary reasons.

Addendum: I’m sure no one on this board would want their name on the membership list of a group like Dignity or Planned Parenthood and used as a statistic to inflate the numbers of Catholics who support contraception and gay marriage.

Again, the reverse of that is what the Bishops are doing by influencing politicians and legislators with membership counts including people like me who just fade out and never bother to officially defect.

 

[malphono]

Please see the post directly above where I address this issue regarding one of the primary reasons.

Quite what I suspected in the first place, but I still think it’s a phenomenal waste of time.

Edit: I suppose I should add that if you want to write to the bishop and “bare it all” as it were, go ahead. But I wouldn’t hold my breath waiting for a formal response.

 

[File_Not_Found]

Once you are baptized and confirmed in the Church you are part of it, you are in a position similar to an individual that does not like his biological parents and so he wants a formal document to say that now his DNA is suddenly different just because he wants so.

Those born into the Church don’t have to specifically agree to everything the Church teaches like I did. As a former Protestant, I had to stand up in front of everybody and make a formal declaration that I, "believe and profess ALL that the holy Catholic Church teaches, believes and proclaims to be revealed by God.” That goes far above and beyond water poured from a Baptismal font and simply assenting to the Creed at Confirmation. If I was put on the rolls by making a statement, it seems to me one should be able to have their name removed by making a statement.

 

[Vico]

… If I was put on the rolls by making a statement, it seems to me one should be able to have their name removed by making a statement.

It is not by the profession, but by reception of baptism, which makes one an enrolled member of a Catholic Church, forever.

 

[File_Not_Found]

It is not by the profession, but by reception of baptism, which makes one an enrolled member of a Catholic Church, forever.

My Protestant Baptism enrolled me as a member of the Catholic Church?

 

[Friar_David_O.Carm]

My Protestant Baptism enrolled me as a member of the Catholic Church?

In a way, yes.

But I think you are also working under a misconception.

There is no official membership roll kept by the Catholic Church. The Church, afaik, does not even count its members. The local Church, as in the diocese, keeps a count of registered members. That is each parish has members that are registered to it. This is kept so that the diocese can determine the amount each parish must contribute to the diocese.

So again, there is no place you can go to see the names of all those who are considered Catholic by the Catholic Church.

 

[mark_a]

The Bishops flex their political muscle by claiming to represent a voting block of Catholics whose numbers would be one less if my name were not on a diocesan roll. It is they who are making statements that I don’t believe in. What I want is not to be counted as one of their statistics.

If one cannot believe what the Catholic Church teaches, it is his duty to leave. I commend you for not being of the cafeteria (lukewarm) variety of Catholic who Jesus promises to vomit out.

Catholics of all people should understand the principal of undesired agreement by association, being the ones who are so adamant about not supporting birth control even indirectly through health insurance.

Is the contraception teaching your biggest problem with the Church?

Anyway, best wishes!!

 

[loko]

It’s not a club where you can return your membership. We do not have everyones details on a central computer located at the Vatican.

If you have registered at your local parish, call them up and let them know you want your details removed and just stop attending Mass. Simple really.

You will always be Catholic, just not a practicing one.

 

[Vico]

My Protestant Baptism enrolled me as a member of the Catholic Church?

Not enrolled in a Church sui iuris, but if it was a valid baptism then it is recognized by the Catholic Church as making you a Christian. But if a Catholic profession of faith were made after a valid Protestant baptism, then a Protestant becomes enrolled in the Latin Church. Then you canonically transferred to Melkite. Protestant churches are called ecclesial communities by the Catholic Church.

DECREE ON ECUMENISM – UNITATIS REDINTEGRATIO

Exerpt: Even in the beginnings of this one and only Church of God there arose certain rifts,(19) which the Apostle strongly condemned.(20) But in subsequent centuries much more serious dissensions made their appearance and quite large communities came to be separated from full communion with the Catholic Church-for which, often enough, men of both sides were to blame. The children who are born into these Communities and who grow up believing in Christ cannot be accused of the sin involved in the separation, and the Catholic Church embraces upon them as brothers, with respect and affection. For men who believe in Christ and have been truly baptized are in communion with the Catholic Church even though this communion is imperfect. The differences that exist in varying degrees between them and the Catholic Church-whether in doctrine and sometimes in discipline, or concerning the structure of the Church-do indeed create many obstacles, sometimes serious ones, to full ecclesiastical communion. The ecumenical movement is striving to overcome these obstacles. But even in spite of them it remains true that all who have been justified by faith in Baptism are members of Christ’s body,(21) and have a right to be called Christian, and so are correctly accepted as brothers by the children of the Catholic Church.(22)
cin.org/v2ecum.html