Consecrating bishops against the popes wishes is not a sin that constitues schism. That is in the 1983 and 1917 code of canon law. AND for the bishops to be in schism they have to have an apostolic mission such as being a parallel church, but lefebvre explicitly denied that. The bishops were consecrated out of necessity and for pastoral reasons. Also, if a bishop breaks an article of canon law out of obedience to his conscience ( he cannot conscientiously abide by it) then no penalty is incurred, so BAM: No excommunication, no schism. No even a schismatic act. DISOBEDIENT, yeah, but saying : “No mom, I won’t do it” is not the same as saying “you’re not my mom, mom.”
A person who violates a law out of necessity* is not subject to a penalty (1983 Code of Canon Law, canon 1323, §4), even if there is no state of necessity1:
if one inculpably thought there was, he would not incur the penalty (canon 1323, 70),
and if one culpably thought there was, he would still incur no automatic penalties2 (canon 1324, §3; §1, 80).
FOOTNOTES FOR ITEM 1
- (“The state of necessity, as it is explained by jurists, is a state in which the necessary goods for natural or supernatural life are so threatened that one is morally compelled to break the law in order to save them.” (Is Tradition Excommunicated? p. 26 [APPENDIX II])
1 And yet objectively there is. (Cf. Is Tradition Excommunicated? pp.27-36 [APPENDIX II])
2 Excommunication for unlawful consecrations (canon 1382) or schism (canon 1364) are of this kind.
No penalty is ever incurred without committing a subjective mortal sin (canons 1321 §1, 1323 70). Now, Archbishop Lefebvre made it amply clear that he was bound in conscience to do what he could do to continue the Catholic priesthood and that he was obeying God in going ahead with the consecrations (Cf. the Sermon of June 30, 1988, and Archbishop Lefebvre and the Vatican, p. 136 [APPENDIX II]). Hence, even if he had been wrong, there would be no subjective sin.
Most importantly, positive law is at the service of the natural and eternal law and ecclesiastical law is at that of the divine law (PRINCIPLE 8). No “authority,” [PRINCIPLE 9] can force a bishop to compromise in his teaching of Catholic faith or administering of Catholic sacraments. No “law,” can force him to cooperate in the destruction of the Church. With Rome giving no guarantee of preserving Catholic Tradition, Archbishop Lefebvre had to do what he could with his God-given episcopal powers to guarantee its preservation. This was his duty as a bishop.