The Brothers and Sistes of Charity are a Catholic community of diocesan right. They have the approval of the local bishop. Canonically, that’s all a religioius community needs to be established in the Church. Some communities are of Pontifical Right. They come under the Holy Father. But the Brothers and Sisters of Charity are diocesan.
However, they are not part of the Franciscan family, not for a bad reason. They simply wanted to combine the mysticism of St. Francis, St. Albert and St. Benedict. They are a community that has a “hybrid” spirituality, for lack of a better term.
As to the habit, yes a member of a community, even a third order or a secular order can wear a habit, as long as it is in the constitutions of the community. The bishops have no authority over that. That is an internal matter of the community. However, if the community is of diocesan right, the local bishop has to approve its constitutions. If there is a habit in the constitutions and the local bishop approves it, then it’s ok with the Church. The USCCB has no jurisdiction over any religious community or secular order. Secular Orders are all of Pontifical Right. Their constitutions are approved by the Holy See. Third orders can be either Pontifical or Diocesan.
For example, the Third Order Regular of St. Francis (TOR) is a religious order of Pontifical Right. They are friars who follow the rule that St. Francis wrote for the Secular Franciscans. But these tertiaries live in community, make solemn vows, are celibate and are subject only to the authority of the Holy Father and the Council of Franciscan Ministers General of which there are five: OFM, OFM Cap, OFM Conv, TOR, and OSF.
John Michael Talbot’s habit is a hermit’s habit. It is not a Franciscan habit. Even the old Franciscan habit is a hermit’s habit. It is actually modeled on the habit of the Carmelites. It is a tunic with a capuche and fastened at the waist. The Franciscans wear a chord and other religious wear a belt. Also the Franciscans have a choice in colors: brown, black, grey, blue and white. The color depends on the region, the culture, the climate and the material most easily available. Black is the most common color. The Capuchins and the OFMs wear brown. We see them a lot because of their large numbers. But most Franciscan communities wear black or grey. The Secular Franciscans in the USA wear the Tau, except for the Secular Franciscans of the Immaculata, they wear a habit of grey and blue or grayish blue. It’s up to the constitutions of the Secular Order, in this case, of the Association.
But they are a Public Association in the Catholic Church. I am not sure if they are ecumenical. I saw someone write that. But I was under the impression that one had to be Catholic to join the BSC.
Fraternally,
Br. JR, OSF