When it comes to restrictions in canon law there is no “spirit of the canon.” Anything that restricts someone’s rights must be interpreted strictly (canon 18)…Priests are expected to obey the law.
The default position is to take every allegation at face value until you can prove the contrary. Canon Law is based on Roman Law. It’s much more pliable in the hands of authority than our American Law which is based on English Law. The policy that Cardinal Ratzinger instituted was that all allegations against priests and male religious be taken at face value, the person must be put on time out immediately, no questions asked, an investigation must be held. If the person comes out clean, he goes back to work.
Father and Brother,
This is all well and good, gentlemen, but you do realize, do you not, that this is all Inside Baseball, and has nothing to do with what’s going on in the perceptions of the American public which has encountered this incident and aftermath?
You see, the subtext of the hue and cry against the priest in question (whom Br. JR admits probably acted according to his knowledge, capabilities and limitations of the moment), is that the priest erred by not allowing an exception to approaching the Eucharist to a person who is
still a Catholic and has all of the same rights and duties as other Catholics.
[bolding mine]
The subtext, among the reading public (both Catholic and non-Catholic) is severally apparent, and includes these assumptions:
(1) practicing homosexuals, whether male or female, have a “right” to receive the Eucharist, whether they are or are not obstinately persevering in their lifestyle, including if they make that obstinancy public.
(2) funerals, and/or other emotionally-laden events (baptisms? First Communion? weddings?) should be exceptions to Roman Catholic sacramental regulations with regard to receipt of the Eucharst. The absolute principle is the emotional state of the layperson in question; the relative principle is that person’s state of grace, including whatever public acknowledgement has been made about that person’s state of grace.
(3) The Church “singles out” homosexuals (vs. other self-proclaimed sinners, such as those marrying after divorce or cohabiting before legitimate marriage).
(4) The Church, self-conscious about clergy abuse, is permanently in a position of political weakness and must compromise its own sacramental requirements and rubrics in order to satisfy a suspicious and hostile public.
(5) The priest in question is being justly “punished.” Brother, 98% of the public out there has no knowledge of the process of “time out” or strict investigation. Maybe church officials are unperturbed by that fact, but I would suggest to you that the credibility of the Roman Church is more comprehensively at stake here. There are some major moral issues in contemporary society, and the Church has a voice in those issues. I.m.o., the way this incident has been handled as Inside Baseball (so far), with communication on a Need-to-Know basis, does not help the Church’s profile among the American public.
I would have hoped, many lay people would have hoped, that the Church clarify the points you raised earlier about the process, while restating Roman Catholic moral theology and sacramental theology, so as to be very clear that the Church does not suddenly view itself as having no legitimacy to proclaim absolutes.