While the SSPX’s canonical status is irregular and thus their priests operate under supplied and not ordinary jurisdiction, the SSPX is not and never has been in schism (schismatics don’t have “irregular” canonical situations because they are not subject to the Church’s canon law at all). However, given the rash way in which the Holy See originally handled Archbishop Lefebvre’s 1988 episcopal consecrations, we can understand why [uninformed] Catholics would hold this erroneous opinion. Let’s take a brief look at the Church’s law and the facts of the case to provide some clarity to the question.
The day after Archbishop Lefebvre consecrated the four bishops, Cardinal Gantin (not Pope John Paul II) declared on July 1, 1988 that the Archbishop had excommunicated himself by consecrating bishops without pontifical mandate in violation of canon 1382, and also referred to the consecration as a schismatic act under canon 1364.1. Although Pope John Paul II acknowledged the Gantin decree in his Motu Proprio *Ecclesia Dei Afflicta *(July 2, 1988), his Motu Proprio was not a papal decree of schism or even an authentic interpretation of the canon law addressing schism. And it couldn’t have been, for under the pope’s 1983 Code of Canon law, illicitly consecrating a bishop *is not a schismatic act. *Needless to say, the pope’s punitive sanctions must be based on the current canon law of the Church as a matter of justice, upon which Catholics have a right to rely; otherwise, the punitive canons do not serve their purpose. Therefore, under the laws of the Church, neither Archbishop Lefebvre nor the bishops he consecrated was guilty of schism.
That is most likely why the Holy See gave Archbishop Lefebvre a canonical warning about excommunication and not schism before he consecrated the bishops. [One must] know the difference between disobedience and schism. A person’s disobedience of a papal command does not give rise to schism; the person must actually deny the pope’s authority to be guilty of the crime of schism, and this “refusal of submission” (under canon 751) must be interpreted in the strictest sense, in favor of the perpetrator. [This is a fundamental precept of all law].
Even the liberal Fr. Yves Congar, a staunch critique of Archbishop Lefebvre, correctly explains that schism involves the refusal to accept the existence of the legitimate authority of the pope and not the refusal to accept a decision of that legitimate authority. Of course, Archbishop Lefebvre never denied Pope John Paul II’s authority as the Vicar of Christ. In fact, he believed his actions to secure traditional priests were actually serving the pope and the Church at large.
In fact, the Ecclesia Dei commission has made it clear that the SSPX is
not in schism. The commission declared that Catholics can fulfill their Sunday obligation by attending Masses offered by SSPX priests – and this was
before the excommunications were lifted! (see letter from Monsignor Perl dated September 27, 2002).
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If the priests of the SSPX were in schism, the Ecclesia Dei commission would not allow Catholics to assist at their Masses, since in doing so they would be allowing Catholics to worship outside the Church (and thus permitting them to break the Third Commandment). This proves that SSPX bishops and priests are not in fact in schism (for example, Catholics could not fulfill their Sunday obligation by attending liturgies offered by the schismatic priests of the Eastern Orthodox sects). The same commission has said that, so long as Catholics attend SSPX chapels out of their devotion to the Traditional Latin Mass (and not because they want to separate themselves from the Roman Pontiff – of course they don’t!), such conduct is also not sinful.
The Holy See has stated that the SSPX situation is an internal matter of the Catholic Church and that the SSPX is not a counter-diocese or separate ecclesial structure. That the Church regards the SSPX situation as an “internal matter” also proves that SSPX bishops and priests are not in schism. Cardinal Castrillon Hoyos in five separate interviews has stated that the SSPX is not in formal schism (what Moynihan calls “official schism”), without any rebuke from the Holy See. The case of the Hawaii six also bears this out. Those excommunications would not have been lifted if the six Catholics were attending Masses offered by schismatic priests. And for those who insist that the SSPX priests are “suspended” (even though the Holy See has never issued a decree of suspension against them!), they would be admitting that SSPX priests are still subject to the Church’s disciplinary laws. In such case, the SSPX priests
cannot be schismatics who are outside the Church because, as previously stated, one cannot be outside the Church and still be subject to her canon law. This is a legal impossibility.