They have never been in schism. To be in schism, means to cease to be Catholic. What they did was a schismatic act, meaning that it has the potential to lead to a schism.
For example, if I say that Mary was not a virgin. The statement is heresy. However, I’m not a heretic. The statement puts me on a slippery slope, but not in the hole.
We have to interpret words such as schism, schismatic, heresy and heretic according to tradition and according to the mind of the pope. These are legal terms and it is the pope who writes the law and defines the terms. We can’t give them the definitions that we believed once upon a time. We have to look at the Code of Canon Law of 1983 and at the mind of Paul VI and Bl. John Paul II who composed the Code to see what they meant by these terms.
Pope John Paul’s statement is carefully nuanced. He speaks about the act being schismatic, not the individuals. The individuals were excommunicated for committing are schismatic act, but were never declared to be in schism.
Those promises are invalid. The bishops of the SSPX have no right to those promises. When the deacons of the SSPX promise obedience to the bishop who is ordaining them, at that moment, they incur a suspension. They are giving to someone, something that belongs to another.
Their obedience belongs to either the bishop of the diocese or to a canonically elected religious superior.
Those who wish to use the older rites of Holy Orders may do so, but they may not change current Canon Law. The Code of 1983 still applies, not the Code of 1917. In the Code of 1983 it is very clear that the deacon promises obedience to either his diocesan bishop or his religious superior.
The bishops of the SSPX are neither of those. Therefore, those priests can walk at any time, as did the first FSSP. They didn’t ask Archbishop Lefebvre for permission to leave. They left.
Religious who belonged to Sede religious communities and decided to come home, simply left. They had to make vows again.
No one can receive a vow or promise in the name of the Church unless he has written permission form the Church to do so. The SSPX bishops do not have that permission. Archbishop Lefebvre had it, but lost it when he was excommunicated.
It’s a series of very unfortunate events that needs to be brought to a close one way or another. The current state of the SSPX is hurting too many people. They need to come home or become a schismatic Church. Their grey status is creating division among Catholics.
If they become their own Church, it would be sad, but it would also bring closure. Those who follow the SSPX would belong to that Church and the rest would belong to the Catholic Church and there is no longer any reason to debate. Then we can begin ecumenical dialogue to reunite.
Sounds ridiculous, but that is a plausible solution. The other is to simply come home and deal with their grievances later, as have the other ED communities.
Fraternally,
Br. JR, OSF