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JReducation
Guest
No. Canon Law does not work that way. First of all, we must understand that Canon Law is based on Roman Law, not English Law. In Roman Law, the principle is that if it’s not prohibited the burden falls on the law giver, not the individual.Isn’t participating in abortion an automatic excommunication? So wouldn’t supplying abortificant drugs participating in abortion? Wouldn’t supporting the forcing of other Catholics to supply these drugs be participating in abortion? Seems to me they’ve excommunicated themselves and the Bishop only needs to point it out publicly.
In this particular situation, what the sisters have done is support what they believe to be a compromise favorable to Catholic institutions and to their patients. Canon Law looks exactly at what they did. Their support is mistaken and dangerous, but it is not a direct endorsement of abortion.
The canon speaks about direct participation in abortion and direct endorsement. By that, it means that the person must directly facilitate an abortion. It applies to a Catholic who can do something to stop it and does the opposite. If we were to use the rule remote participation, every Catholic in the USA would be guilty; because we pay taxes knowing that they are going to pay for abortions. We are remotely funding abortions. Philosophers can argue that there is always civil disobedience in which one refuses to pay taxes for what one considers in immoral or unjust cause, as did the Founding Fathers.
In addition, there is no law that prohibits the sisters from making such a statement. Again, Canon Law follows the principles of Roman Law. If it’s not prohibited, it’s not a crime. The sisters were not ordered to stand by the bishops. Such an order would have to come from their major superiors. The bishops can only give such orders to the laity and to diocesan clergy, never to religious.
Had their superiors ordered them to stand by the bishops, they would have been guilty of disobedience. However, this would fall under the canons that address consecrated life, not the canons that address abortion. In the canons that address consecrated life, the law says that religious superiors may command and prohibit whatever the founder and the constitutions allow him/her to command and prohibit.
Here again, we go back to Roman Law. If there is nothing in the constitutions of a religious community that covers this, the superior does not have any ground to command in this area. I’ll give you an example. Among male Franciscans, the rule written by St. Francis says that we will obey Francis, our superiors and the bishops without questions as long as what they command is not contrary to the moral law, not matter how foolish the command. That clause would allow the male superior to command Franciscan men to stand by the bishops on this issue, which we have done. Those who may disagree with the bishops or have questions, may not speak their mind. End of story.
Franciscans sisters do not have this in their rule, because Francis felt strongly that women should not be made to submit to males. Their rule says that they are to submit to the authority of the superior as defined by the sisters being governed. The sisters decide how and when the superior can govern. If those sisters have no clause in their constitutions that allows the superior to command in one direction or another, there is no reason for penalties.
We’re used to the American system of law, which is English. In our system of law if the speed limit is 45 mph, it means that you don’t go over that. In Roman Law, if the speed limit is 45 mph, that means that this is the desired goal, but unless there is a penalty attached to it, there is no specific punishment if you go over. It’s up to the person in authority to decide what is appropriate punishment. That’s how Canon Law works.
When there is no explicit law that addresses a situation or there is no penalty attached to the law, the only person who can make a universal decision is the pope. The religious superior can make a case by case judgment, but must stay within what the law allows him/her to do. There is never going to be a consistent consequence for every possible infraction. The Church never wanted such a code of law. It’s too rigid. The fear has always been that the law would guide the Church instead of the Church guiding the law.
Therefore, Canon Law is written to reflect good theology, in the day to day matters of the Church, not to control every possible situation. That would create a system as we have in the USA that the government must abide by the law or the Supreme Court can declare it unconstitutional. It would place the Holy See and the college of bishops under the same microscope as is the President and Congress. The Signatura, which is the highest court in the Church, could theoretically claim that a bishop or a pope is breaking the law and overrule him. For that reason, Canon Law is not as rigid and our constitution. It flexes and bends to fit the needs of the Church in each situation. Only the pope can decide how far it can flex and bend.
Finally, we tend to be too eager to hear bishops declare that this person or that person has been excommunicated. That is not the proper view of excommunication. Excommunication is a medicine, not a punishment. When you’re trying to cure a problem, you try what you believe will work. We must always guard ourselves against the temptation to want to see others punished. Such a temptation is void of mercy and forgiveness. It is often by frustration, anger, disappointment, even hatred. Discipline must be driven by justice and tempered by love as Jesus told St. Faustina.
Fraternally,
Br. JR, OSF