Unlaicized Married Priest

[MaryAgnes]

We have an unlaicized priest in our parish. He is in an invalid marriage and has children. He and his wife have been vocal about their “situation” yet they receive Communion and he is a lector for Sunday liturgies. What steps should be taken to address this scandal?

 

[PaulDupre]

MaryAgnes:

We have an unlaicized priest in our parish. He is in an invalid marriage and has children. He and his wife have been vocal about their “situation” yet they receive Communion and he is a lector for Sunday liturgies. What steps should be taken to address this scandal?

First, voice your concerns to your pastor.

 

[MaryAgnes]

I forgot to mention … the pastor is aware of the situation.

 

[OhioBob]

Was he a priest who then married? Was he a married minister in another faith (Lutheran, Anglican, etc) who converted and was ordained a Catholic priest?

It’s hard to give advice without some additional information.

 

[Br.Rich_SFO]

PaulDupre:

First, voice your concerns to your pastor.

Address your concerns to the Bishop. A priest who has left the active ministry cannot perform ANY ministerial function. IF he has attempted Marriage while in the clerical state the marriage is invlaid and therefore bars him from receiving the Sacraments. I sure that a cleric attempting Marraige carries some form of punishment in Canon Law.

 

[MaryAgnes]

OhioBob:

Was he a priest who then married? Was he a married minister in another faith (Lutheran, Anglican, etc) who converted and was ordained a Catholic priest?

It’s hard to give advice without some additional information.

He is a Catholic who was ordained a Catholic priest. After several years he left ministry and married a woman (outside the Church, of course) and now has children. When questioned he said he does not “believe” in the process of laicization and won’t seek it.

Not only is his marriage invalid in the eyes of the Church but it seems to me that he is in violation of the promises he made when he was ordained–like celibacy?

 

[cameron_lansing]

I [am] sure that a cleric attempting Marraige carries some form of punishment in Canon Law.

Absolutely. He was automatically removed from any ecclesiastical office he held when he attempted (c. 195 §1, no 3.). Further a latae sententiae suspension befell him. If he does not repent after warning, other privations can following, and he may even be dismissed from the clerical state (Canon 1394 §1). If a “religious” priest, there might be other consequences.

 

[MaryAgnes]

Br. Rich SFO:

Address your concerns to the Bishop. A priest who has left the active ministry cannot perform ANY ministerial function. IF he has attempted Marriage while in the clerical state the marriage is invlaid and therefore bars him from receiving the Sacraments. I sure that a cleric attempting Marraige carries some form of punishment in Canon Law.

So is being a lector considered a ministerial function? Does anyone know if this is actually in Canon Law? What kind of punishment is perscribed by Canon Law I wonder?

I just think it is scandalous that he seemingly thumbs his nose at the process, the sacraments and the Church.

 

[MaryAgnes]

cameron_lansing:

Absolutely. He was automatically removed from any ecclesiastical office he held when he attempted (c. 195 §1, no 3.). Further a latae sententiae suspension befell him. If he does not repent after warning, other privations can following, and he may even be dismissed from the clerical state (Canon 1394 §1). If a “religious” priest, there might be other consequences.

What is “ecclesiastical office”? He is a diocesan priest not a religious order priest. He is still a priest, isn’t he? (Ordination is an ontological change, right?)

 

[MaryAgnes]

cameron_lansing:

Absolutely. He was automatically removed from any ecclesiastical office he held when he attempted (c. 195 §1, no 3.). Further a latae sententiae suspension befell him. If he does not repent after warning, other privations can following, and he may even be dismissed from the clerical state (Canon 1394 §1). If a “religious” priest, there might be other consequences.

Sorry … what is latae sententiae?

 

[Deacon_Ed]

Just to answer a few questions that have been asked. Latae senteniae is the term the Church uses for “automatic.” That is, by commiting some act there is an automatic penalty associated with it. For example, procuring a successful abortion carries a latae sententiae excommunication.

Yes, serving as a lector is prohibited to a man in his current relationship with the Curch. It is a liteugical ministry and he is not permitted to exercise it.

Finally,an ecclesiastical office is defined in canon law as “any post which by divine or ecclesiastical disposition is established in a stable manner to further a spiritual purpose.” Thus, serving as a deacon or priest or bishop would be fulfilling an “ecclesiastical office.”

I’ll leave it to Deacon Lansing since he is a canon lawyer to provide a more detailed explanation.

Deacon Ed

 

[CatholicCid]

MaryAgnes:

Sorry … what is latae sententiae?

Definition:
Excommunication is the ultimate ecclesiastical penalty, in which the offender is expelled from the Church. (The term itself signifies that the individual thus punished is no longer “in communion” with the Catholic Church.) Someone who has been excommunicated no longer has the right to the sacraments of the Church, and is not considered a Catholic unless or until the excommunication is lifted.

Excommunication can take two different forms. A ferendae sententiae excommunication comes after a formal canonical trial, and is often a matter of public record. A latae sententiae excommunication is incurred automatically, under the terms of the Code of Canon Law, as the punishment for certain offenses. In the case of a latae sententiae excommunication, there is no requirement for formal trial or announcement; in fact, the individual brings the punishment upon himself.

Excommunication latae sententiae is the canonical punishment for offenses such as heresy, violation of the seal of confession, or procuring an abortion. Catholics guilty of these offenses are excommunicated automatically, even in cases when Church authorities are unaware of their offense.

An excommunication can be lifted when the individual admits and makes appropriate efforts to atone for it. In many cases the excommunication can be lifted by a priest through sacramental Confession, although in some cases other conditions must be fulfilled.

cwnews.com/news/biosgloss/definition.cfm?glossID=91

Edit
What Deacon Ed said… Beat me to it

 

[OhioBob]

I’m a bit confused by this and I’m certainly not a canon lawyer, but I was wondering…

If he was a priest and “left ministry”, would he not then be free to marry?

Obviously by seeking marriage he would no longer be entitled to ecclesiastical office, but can a priest not leave the priesthood and then be entitled to the same sacraments available to other Catholics?

If he is acting as a lay reader currently, how is that prohibited to him? Because he used to be a priest?

He doesn’t seem to be acting in any clerical role.

Just curious since I dont know canon law. Thanks for the clarifications.

 

[cameron_lansing]

Thus, serving as a deacon or priest or bishop would be fulfilling an “ecclesiastical office.”

Actually episcopacy, presbyterate and diaconate are orders, and yes, with ordination comes an ontological change. Even if a priest or deacon is laicized, the ontological status does not change. Being a pastor or a chaplain or a Vicar General or a defender of the bond are examples of ecclesiastical office.

In the case of a latae sententiae excommunication, there is no requirement for formal trial or announcement; in fact, the individual brings the punishment upon himself.

True and nuanced. Sometimes for the penalty to take root, there still has to be a declaration from a competent authority. Archbishop Lefevre incurred a latae sententiae excommunication by consecrating bishops. The Congregation for Bishops’ prefect, Cardinal Gantin still had to issue a type of confirming decree.

Someone who has been excommunicated no longer has the right to the sacraments of the Church, and is not considered a Catholic unless or until the excommunication is lifted.

Certainly the person may no longer be admitted to the sacraments. Generally canonists today would say the person is still a Catholic although excommunicated. However, before the 1983 code, the understanding varied, and did include the sense of expulsion from the Church. It’s a finely nuanced point.

The question of excommunication arose earlier today at forums.catholic-questions.org/showthread.php?t=66972, and I tried to give some background.

If he was a priest and “left ministry”, would he not then be free to marry?

Not unless the Apostolic See dispensed him from the obligation of celibacy.

but can a priest not leave the priesthood and then be entitled to the same sacraments available to other Catholics?

He also attempted marriage, and in fact, a marriage outside the Church that would have been invalid on its own. The consequences of that have been pointed out.

If he is acting as a lay reader currently, how is that prohibited to him? Because he used to be a priest?

He is still a priest, and a suspended priest at that. Suspension is understood in the canonical tradition to prevent serving in that and similar roles.

 

[mercygate]

MaryAgnes:

So is being a lector considered a ministerial function? Does anyone know if this is actually in Canon Law? What kind of punishment is perscribed by Canon Law I wonder?

I just think it is scandalous that he seemingly thumbs his nose at the process, the sacraments and the Church.

Laicized priests I know had to sign agreements never to minister in ANY way, including reading or teaching in CCD.

 

[OhioBob]

Thanks for the answers. I learn something new every day.

 

[cameron_lansing]

Laicized priests I know had to sign agreements never to minister in ANY way, including reading or teaching in CCD.

This is often imposed in the indult of laicization along with other stipulations.

 

[MaryAgnes]

Deacon Ed:

Just to answer a few questions that have been asked. Latae senteniae is the term the Church uses for “automatic.” That is, by commiting some act there is an automatic penalty associated with it. For example, procuring a successful abortion carries a latae sententiae excommunication.

Deacon Ed

And so … this unlaicized married priest with children is excommunicated? Is that what *latae senteniae * means?

 

[Deacon_Ed]

MaryAgnes:

And so … this unlaicized married priest with children is excommunicated? Is that what *latae senteniae *means?

No, latae sententiae simply means “automatic” (the Latin translates as “broad judgement”). This is as opposed to ferundae sententiae which is an imposed or declared sentence. While excommunication may be a penalty that is imposed, it is not normally the first penalty that a priest in this situation would receive.

Deacon Ed

 

[MaryAgnes]

Deacon Ed:

No, latae sententiae simply means “automatic” (the Latin translates as “broad judgement”). This is as opposed to ferundae sententiae which is an imposed or declared sentence. While excommunication may be a penalty that is imposed, it is not normally the first penalty that a priest in this situation would receive.

Deacon Ed

What might be a typical penalty in such a case … any ideas?