I know of only two dioceses world wide that are instituting acolytes other than men on track for ordination. I am not sure that qualifies as the Church not making up its mind; although because they are no longer minor orders they are open to non-ordination track individuals, it would seem that it is more the exception to have them. The Church in general does not move fast in making changes, and since these are still intimately related to ordination, it may be a long while before we see any significant movement. But legally evasive doesn’t seem to be a legitimate charge. It is technically available to non-ordinands, but that appears almost an afterthought than any evasiveness to a law. The rule making it available is not a mandatory one.
The legally evasive part, in my mind, was instituting acolytes while deliberately and unnecessarily stopping short of filling all the positions so as to leave room for altar boys. However, I would contend that our overall use of extraordinary ministers in parish life does stand in tension with the bundle of laws we have regarding ministries.
For instance, I don’t know what Paul VI’s intention was in issuing Ministeriam quaedam but the practical effect was that the law drastically eliminated the need for newly allowed extraordinary ministers. Prior to that document, there was little opportunity for the presence of minor orders in the average parish because those in minor orders spent the bulk of their time in the seminary, all of them being on the path to major orders. Outside of the city where a seminary was located, it would have been near impossible, then, for a parish to have the regular service of a lector. Yet when laymen were allowed to serve extraordinarily they were no longer, after '67, serving in positions that had very slim possibilities for being filled by ordinary ministers because now instead of being reliant on seminarians basically
every parish would have a pool of men able to produce at least a handful of lectors and acolytes. Still, the past 40 years have shown that our bishops have chosen not to fill these ministries even when they could have and have opted to, I would argue unnecessarily, use
only extraordinary ministers. Isn’t that odd?
(We had a discussion on another thread about possible reasons bishops have opted against instituted ministries, and I think inclusion of women is a big factor but not the only one.)
While it goes beyond the question of instituted ministries I think the clearest example of the disjunction between norms and practice is our habitual use of EMHCs of whom, we are clearly told, we are
not to make habitual use. Yet I think most of us have experienced the phenomenon of individuals having been regularly scheduled for the past few
decades (how’s that for temporary deputation?) regardless of number of communicants that may be present. I think the same rut is in place with our instituted ministries - we’ve gotten so used to using extraordinary ministers that we’ve lost sight of the full set of criteria that could inform our decisions about when they should really be employed.