I don’t know the Servants of the Holy Family. However, there are some rules in canon law that apply in this situation of any other situation that may be similar.
As we can see from canon law, the bishop has ALL ordinary power over his diocese, except those that are reserved to the Supreme Pontiff. Determining when a religious congregation or society is in communion with the local bishop is not the role of the Pontiff, but falls within the ordinary role of the local bishop.
I am a religious. We have autonomy from the bishop in all matters that pertain to our way of life and how we govern ourselves, because we are an order of Pontifical Right, our ministry to the laity must be in communion with the local bishop. The local bishop is the highest authority over the people in his diocese, not the religious who minister to them. Therefore, if the bishop says that our ministry is not in communion with him we have to options. We must adjust our ministry according to the requirements of the bishop or we must leave the diocese. To remain in the diocese and run our ministry our way, when the bishop does not approve, is a breach of the vow of obedience.
If we were ministering to people who come to our schools, hospitals, colleges or other institutions that we own, there would be no legal obligation to the bishop. Let me jump down to the next quote to explain this.
Can. 381 §1. A diocesan bishop in the diocese entrusted to him has all ordinary, proper, and immediate power which is required for the exercise of his pastoral function except for cases which the law or a decree of the Supreme Pontiff reserves to the supreme authority or to another ecclesiastical authority.
I don’t know if the Servants of the Holy Family are an Institute of Pontifical Right. But if they are, the bishop may only visit their houses and their PRIVATE ministries when invited by their superior. Their superior is the proper Ordinary when it comes to the life of the community and what they do within the confines of their houses. If they are out of communion with the bishop or the Church, it is up to the Holy See to discipline them. This does not mean that the bishop has to endorse them. It simply means that he cannot order them to change. This order must come from their major superior or the Holy See.
**Can. 397 §1. Persons, Catholic institutions, and sacred things and places, which are located within the area of the diocese, are subject to ordinary episcopal visitation.
§2. A bishop can visit members of religious institutes of pontifical right and their houses only in the cases expressed in law.**
If they are not an Institute of Pontifical Right, the bishop may visit their houses, their chapels and their work. Canonically, he is their superior, even over their major superior.
The question is whether the Servants of the Holy Family are of Pontifical Right or not. If they are of Pontifical Right, they can appeal the bishop’s position to the Holy Father. Otherwise, they have no access to the Holy Father. The principal of subsidiarity applies. That means that the issue is to be resolved at the diocesan level without involving the pope. Said in another way, the pope will refuse to get involved because the Servants to not enjoy his protection.
All that being said, whether they are of Pontifical Right or not, if they are ministering to the people of his diocese, the bishop is responsible for his people. He has the authority to sanction any religious person or religious community and even forbid them to minister to his people. This is usually done by suspending their faculties to preach, witness marriages and grant absolution. The bishop has the right to decide what he wants to suspend, for how long and whose faculties. It can be the entire congregation or certain members.
In conclusion, there is very little that the Holy Father can do to overrule a bishop who is using his legal rights as prescribed by canon law, even if the Holy Father disagrees. The one thing that the Holy Father cannot do is to take the people of that diocese or a portion of the people under his wing. That role belongs to a bishop, unless that group of people is declared to be a Prelature, such as Opus Dei. Those people are governed by a vicar of the pope, not a local bishop. But they are an organized association approved by the Church.
I hope this helps.
Fraternally,
Br. JR, OSF
