Denial of communion raises stakes for bishops and pro-choice legislators

National Catholic Reporter ^ | 2/6/2004 | Joe Fuerherd

[sinkspur]

The issue was abortion, the Catholic church, and a bishop's denial of communion to legislators who he says stray from church teaching on such a "fundamental" issue.

Mario Cuomo didn't want to talk about it. The former three-term Governor of New York and a veteran of the abortion wars of the 1980s and 1990s hadn't read what Bishop Raymond Burke, writing in a chancery office 1,100 miles away from Cuomo's Manhattan law office, had said on the subject.

What the bishop said (The "notification" is on the diocesan Web site: www.dioceseoflacrosee.com) is that Catholic legislators in the Diocese of La Crosse who support "procured abortion or euthanasia" should not present themselves for communion, and, if they did, they would be refused the sacrament. (Last month, Burke was installed as archbishop of St. Louis, but his directive is still in-place.)

Cuomo's reluctance (frustration?) is understandable. More than any other politician he has engaged the issue, most notably in a 1984 speech, (Religious Belief and Public Morality: A Catholic Governor's Perspective, at Notre Dame.

Still, Cuomo was curious. Did Burke's decree apply to Catholic legislators who supported the death penalty? (No, it didn't, but then Cuomo, a skilled litigator, is not one to pose a question for which he doesn't know the answer.) And how did the bishop reconcile his hard-line stance on abortion with the teachings of Augustine and Aquinas? ("Hard to say, governor, would you mind if I turned on my tape recorder?")

Before dismissing the journalist (he didn't agree to be recorded), a seemingly exasperated Cuomo said, "It's more of an issue for the theologians than for the politicians."

The politicians agreed.

Rep. David Obey (D-WI), a direct target of Burke's actions, didn't want to talk about it. He issued a statement, said his press secretary, and that is to be the extent of his comment. Wisconsin State Senator Julie Lassa, another subject of Burke's discipline, didn't return a phone call.

The only one directly involved who would engage the subject was Burke, who told reporters in St. Louis that if Massachusetts Senator John Kerry, a pro-choice Catholic, presented himself for communion while campaigning in the Missouri presidential primary, he would refuse him the sacrament.

So what conclusions can be reached about Burke's actions?

First, say what you will about Burke, but don't say what he did raises grave questions of church-state separation. Despite a widespread intuition otherwise, there is no Constitutional issue at play.

"It is not possible for a private party … to violate the separation of church and state because that is a protection that the Bill of Rights accords individuals against government action," said Barry Lynn, executive director of Americans United for Separation of Church and State. If such a constitutional issue existed, Lynn, Washington's leading church-state separatist, would find it.

Next, did Burke, a canon lawyer, act properly under church law? Hard to tell.

He employed Canon 915, which allows a bishop, in the name of quashing scandal and instructing the faithful, to deny communion to someone he determines is guilty of "manifest grave sin." But Canon 915, because it represents a restriction on a right (in this case, the right to receive communion, found in Canon 912) must be interpreted narrowly.

Burke's public "notification" is broadly written; it applies to all legislators in the Diocese of La Crosse. A canonical no-no? Perhaps. Those affected by Burke's order, the "pro-choice" lawmakers, can appeal to Rome if they feel procedures have been abused.

Third, was Burke's action theologically sound? Depends on whom you ask.

The burden is on the lawmakers, not the bishop, says Princeton University's Robert George. "You are not fully in communion with the church if you have placed yourself on the side of so grave an injustice in the public realm thus denying to some members of the human family their basic human rights." Burke, said George, is "making clear that [this] is a fundamental matter on which a pretense of unity will not be tolerated, cannot be tolerated."

Burke's way off base, counters Loyola Marymount theologian Michael Horan.

"From a pastoral theological perspective, this new policy, if made practice by the bishop toward individual Catholics, is more likely to cause scandal than the practice of the politicians themselves," says Horan.

He continued: "The bishop's point of view presumes that the Eucharist is a reward for good behavior. Interestingly, the only transgressions for which the early church communities practiced excommunication were adultery, apostasy and murder (of human beings already born). Abortion was not one of the transgressions that merited excommunication."

Finally, a U.S. bishops committee is studying the question of how to deal with "Catholics in Public Life," particularly those thought to leave their religious values behind when voting on moral issues. It's unclear when the committee, headed by Washington Cardinal Theodore McCarrick, will release its recommendations.

A key question: Is denying communion to pro-choice legislators likely to reduce the number of abortions performed in the United States, to further the cause of those who would restrict abortion-rights? Or will it simply harden the hearts of those, Catholic and non-Catholic alike, who have a visceral reaction to religious bodies interjecting themselves into contentious public policy issues?

Thanks to Archbishop Burke -- and a few of his colleagues who appear ready to follow his lead -- we're about to find out.

[Piers-the-Ploughman]

OH NO, another NCR article! Actually they're OK by me, no that what I think about the origin of any article matters....

Actually I do find them interesting and they do present other considerations that in this case should be in the calculation. Whatever we Catholics do, we want to do it for God's glory and salvation of souls.

Still, on issue of abortion, as it truly is abomination, (and bishops excommunicated some over segregation), I would support approach as Bishop Burke's. Behind the scenes letters, instruction, etc. The argument that no babies lives may be saved is true, but only in short run. A 1000 mile journey starts with one step and the policy of 40 years does not appear to have yielded any "fruit" . The risks the NCR purports may be real or just a smokescreen to provide cover for the Kennedys etc that much longer. It would seem those arguments have been used for 30 years to no avail.

Speak softly Bishop Burke but use the big stick if you need to.

[madprof98]

Well, suppose all the pro-abortion "Catholics" in America just left the Church. It would change the paper stats, and perhaps cut down on the numbers of funerals, but what other difference would it make?

It could also be a boon to the Episcopal Church, which these days seems to have lots and lots of empty room in its pews (not that these failed "Catholics" would actually attend much, except for their own funerals).

[Thorin]

Of all the phony Catholics who support abortion, Cuomo is the worst. Most of the rest make no pretense of being particularly pious, but Cuomo likes to portray himself as a good Catholic--who just happens to oppose bedrock Church teaching on abortion.

The phoniness is shown by the argument Cuomo used to justify his support for abortion. He said that there was a societal consensus in favor of abortion, and that the common good dictated that he refrain from violating that consensus. Of course, Cuomo never lifted a finger to change that supposed consensus, never made any speech attempting to convince people that abortion was morally wrong, that they should change the law, even if he would not unilaterally attempt to change the law.

By contrast, Mario Cuomo regularly imposed his morality on the State of New York by vetoing legislation to allow the death penalty, even though there is much more of a consensus in favor of the death penalty (polls show over 80% of Americans favor it) than there is in support of abortion.

Mario Cuomo is a fraud, pure and simple.

[Piers-the-Ploughman]

Also Sinkspur, didn't you promise to post from NCR just on Fridays? Maybe we needed an extra penance this week after that Lefevbre thread?

Re Argument about what about Catholic politicians who favor death penalty?

I wouldn't mind seeing conservative Catholics politicians back down on that issue simply to put the Heat on those who really need it. In reality of course, it's a red herring. The Death Penalty is not anywhere near the problem that Abortion is. Its a couple of dozen convicted murderers vs millions of innocents. Who but a liberal could see significant similarity? For Catholics, death penalty is prudential issue, abortion is not.

[RobbyS]

Horan said, Interestingly, the only transgressions for which the early church communities practiced excommunication were adultery, apostasy and murder (of human beings already born). Abortion was not one of the transgressions that merited excommunication." Well, duh, apostacy is what the Law-makers are accused of. The Democratic Party--and I include the rank and file-- has set up a religious test for party candidacy.

[Maeve]

A BUMP to you, Robby.

[enuu]

There is no Catholic doctrine against the death penalty! These are two separate issues that the media always confuse. Quote:

"It is not correct to think of abortion and capital punishment as the very same kind of moral issue. On the one hand, direct abortion is an intrinsic evil, and cannot be justified for any purpose or in any circumstances. On the other hand, the Church has always taught that it is the right and responsibility of hte legitimate temporal authority to defend and preserve the common good, and more specifically to defend citizens against the aggressor. This defense...may resort to the death penalty if no other means of defense is sufficient. The point here is that the death penalty is understood as an act of self-defense on the part of civil society."

From the excellent small booklet, "A Brief Catechism for Catholic Voters" by Fr. Stephen F. Torraco, PhD, published by Leaflet Missal Company, St. Paul, Minnesota. I recommend it to all Catholic groups and churches to clarify not just the death penalty vs. abortion issue, but also how to inform your conscience to choose among a bunch of lousy candidates! Thanks.

[sinkspur]

Do not be surprised if some bishop decides to extend the denial of communion to Catholic governors who support capital punishment.

[pseudo-ignatius]

Do not be surprised if some bishop decides to extend the denial of communion to Catholic governors who support capital punishment.

And I wouldn't be surprised, if that did happen, if Rome came down hard on any bishop who did that.

[sinkspur]

And I wouldn't be surprised, if that did happen, if Rome came down hard on any bishop who did that.

I would. The Pope opposes the death penalty, vehemently. In fact, he's said there is no justification for using it.

[madprof98]

VERY honest of you!

[sinkspur]

The Pope is wrong about the death penalty, btw.

[Salvation]

Catechism of the Catholic Church

2267 Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.

If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and are more in conformity to the dignity of the human person.

Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm - without definitely taking away from him the possibility of redeeming himself - the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically non-existent."

---

[Salvation]

The Deadly Dozen

Canadian Prime Minister Taunts Church: "I Am A Catholic And For Abortion"
Catholic Church asks Tom Daschle to stop calling himself a Catholic
On Catholic Politicians and Faith
Vatican Urges Catholic Politicians to Vote Along Church Lines
Senator Santorum on Being Catholic and a Politician
William E. Simon, Sr. and Jr. Devout Catholics, Philanthropists and Politicians
Deadly Dozen senator taken to task over claims of Catholicism
THE BISHOP AND THE SENATOR [author links to FR thread regarding Daschle in her online column]
Blood On Their Hands: Exposing Pro-abortion Catholic Politicians
MI Gov Granholm Proclaims June "Gay, Lesbian, Bisexual and Transgender Pride Month"
Colorado Governor To Media:'WE LOVE OUR CHURCH' [Gov. Bill Owens
U.S. Senator Brownback and Commentator Dick Morris Join Catholic Church
PRIEST REFUSES COMMUNION TO KNEELING PRO-LIFE POLITICIAN [Richard Black, Virginia]
Kerry [Catholic} says he'll filibuster Supreme Court nominees who do not support abortion rights
Pope to MPs: Stop gay marriage
Vatican - Considerations regarding ... homosexual persons
CONFUSIONS ABOUT POLITICAL JUDGMENT AND THE MORAL LAW
Prelate says politicians who back abortion shouldn't go to Communion
Bishop draws fire for targeting Chrétien
Kennedy likens Vatican stance on gay unions to 'bigotry' (oh, go get a job, you little creep)
Ignorance or Malicious Intent? "No religious Test shall ever be required as a Qualification to..."
George Weigel on Authentic Catholic Citizenship, and the Duty of Catholic Politicians to Behave as Catholics
Conservative Catholics urge Church to challenge "dissenters"
[Robert F., Jr.] Kennedy to speak at Festival of Faiths (Environmentalism as religion)
Faithful Catholic Politicians
Catholic Bishops Eye Possible Crackdown of Pro-Abortion Pols
PETITION TO EX-COMMUNICATE PRO-ABORTION CATHOLIC ELECTED OFFICIALS
It is Time to Excommunicate the Politicians
Church vows to fight gay marriage: Catholics pressure pols
Should politicians toe their church line?
Church May Penalize Politicans
Catholic politicians facing dogmatic threat
Bishop appeals to Catholic lawmakers [Wisconsin]
New St. Louis Catholic Archbishop Warns Pro-Abortion Catholic Politicians of Excommunication.
Bishop Objected to AIDS Walk
Wisconsin Catholic Lawmakers Seek Victim Status In Feud With Bishop
Bishop Burke discusses the letters he sent to Catholic politicians
Congressman Places Internal Pro-Abortion Docs in Congressional Record
Flynn: Dems ignore Catholics
Granholm gay rights order "a slap in the face"
Calif. Bishop To Gov. Davis: Pick Abortion Or Communion [formal excommunication?]
California Bishop to Gov: Oppose Abortion or No Communion (New Title)
Sacramento Bishop Challenges Governor on Abortion; Tells Davis to Stop Receiving Communion
Granholm's Bible-thumping Sure to Rile GOP
Bishop: No Communion for Abortion Backers
Legislators can't have Eucharist, bishop says: Don't serve supporters of abortion rights, euthanasia
Wisc. Bishop Tells Pro-Abort. Catholic Pols: Change Your Stripes or Stay Away from Holy Communion
Diocese targets Granholm on abortion
NJ Governor McGreevey a devout Catholic, yet diplomatic {Barf Alert}
Communion ban on lawmakers who back abortion starts furor
Bishop's ban ignites church-state debate
(MI) Governor's effort is first step to give gays special benefits, weapon against religion [Granholm]
(Louisiana) LA Archbishop aims call at some Catholic politicians [Hughes]
Hughes exhorts Catholic pols to toe line
The end of Catholic politicians
Maher's Moment: A look back at Bishop Maher's Denial of Communion to a Pro-Abortion Politician [Lucy Killea]
Bishops rekindle anti-Catholic bias
TREND? "Pro-Abort Politicians "Shouldn't Dare Come to Communion", Madison Bishop Backs Burke
Dolan lauds result of bishop's actions against lawmakers
Catholics Kerry and Kennedy have a 100% Pro-homosexual Record with the Human Rights Campaign! Page 10,11
Bishop Burke: Just Doing His Job
AS KERRY EMERGES, SO DOES CONCERN THAT AS PRESIDENT HE MAY BE DENIED COMMUNION
Massachusetts Democrats Back Gay Marriage Edict
Archbishop Would Refuse Communion To John Kerry
Leading His Flock: Has the new archbishop of St. Louis crossed a line?
Kerry raps Pope: Senator fuming over gay marriage order
Denial of communion raises stakes for bishops and pro-choice legislators

[Campion]

The phoniness is shown by the argument Cuomo used to justify his support for abortion. He said that there was a societal consensus in favor of abortion, and that the common good dictated that he refrain from violating that consensus.

That argument amounts to claiming that cowardice is a virtue.

The truth, of course, is that Cuomo believes that liberal orthodoxy trumps Catholic orthodoxy. He is an apostate, and should be treated as such until he repents.

[dangus]

I say we should raise the stakes for pro-abortion politicians!