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Where does the law use that term? Canon 767 says that “the homily … is reserved to a priest or deacon” (homilia … sacerdoti aut diacono reservatur). This has been repeated recently by Redemptionis Sacramentum. I have heard that there are very specific exceptions to this rule (such as permission given to Dominicans who are not yet ordained), but these are not written into the general law of the Church (as far as I have found).If we look at the first point, the law uses the term “ordinarily”, meaning that the ordinary homilist at a mass is a Roman Catholic cleric.
Canon 838 says:Can. 838 §1 The ordering and guidance of the sacred liturgy depends solely upon the authority of the Church, namely, that of the Apostolic See and, as provided by law, that of the diocesan Bishop.Given that this was an extraordinary situation, because it was the first time that a Protestant Leader publicly professes belief in Marian theology and theology of the saints, I can see how the bishop of the diocese, who is the liturgist for his diocese according to Canon Law, would permit an exception. Just as we have extraordianry ministers of holy communion.
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§4 Within the limits of his competence, it belongs to the diocesan Bishop to lay down for the Church entrusted to his care, liturgical regulations which are binding on all.
The Bishop is “the first steward of the mysteries of God in the particular Church entrusted to him, is the moderator, promoter and guardian of her whole liturgical life” (Redemptionis Sacramentum, n. 19). The question, then, is whether the local Ordinary can dispense with whatever regulations of the liturgy seem appropriate to him. Can my bishop dictate that the priest’s chair should not be in the sanctuary, or that we should sit for the Eucharistic Prayer, or that a woman should read the gospel every week? I don’t think so. The question is whether an Ordinary, of his own competency, can dismiss with a regulation of Canon Law and an instruction in the GIRM and permit a non-Catholic to give a homily.
The Bishop is the highest authority only when he is not operating outside of his competency.The highest authority in any diocese is the Bishop. As long as the Bishop acts in union with the Holy Father, he has nothing to apologize for.
So the assumption is that the local Ordinary received permission from Cardinal Kasper, who had the authority to permit it.In this case, the local Bishop acted with the cooperation of a member of the Roman Curia, Cardinal Casper. The Cardinal and the Archbishop had discussed this event and the Archbishop’s faith before.
Is it certain the homily was given during a Mass? This Zenit article says “ecumenical celebration” and never mentions the word “Mass”.