Free Republic

Q: An unbaptized person can’t receive any of the other sacraments unless he gets baptized first, right? So how is it possible for a Catholic to marry a non-Christian in a Catholic ceremony? I don’t see how the non-Christian spouse can be receiving the sacrament of matrimony, if he’s never received the sacrament of baptism! Is the marriage a sacrament for the Catholic but not for the non-Christian? How does this work? –Ashley A: It’s a very astute observation! By thinking it through logically, Ashley has spotted a genuine theological/canonical quandary.

Q: In a recent piece you explained that the Pope can resign if he chooses. To me that raises another question: What would happen if a Pope became so mentally debilitated that he didn’t know what he was doing? It seems to me that he wouldn’t be able to resign under those circumstances. Is there some legal mechanism that would allow the Church to remove him, and call for a conclave to elect a new Pope? Or is there at least a way for the cardinals to take charge of running the Church until that Pope passes away? –Paul

Q: Some Jewish people in my city complained to the local Catholic hospital, saying they were afraid to bring their sick children to the emergency room, because the hospital staff might baptize them. The hospital staff publicly agreed never to do this. I had always assumed that you can’t baptize a baby without at least one parent’s consent, so I thought the hospital would simply say, “Don’t worry, we’re not allowed to do that anyway!” But the wording of the hospital administrators’ response seemed to suggest that they really could baptize a sick baby if they wanted to. Can a...

Q1: Can you please explain for us how the papal conclave will work? And are there any major aspects of it that will be different this time, because Pope Benedict is still living? –Leah Q2: Who can, and cannot, be elected Pope? –Joseph The Catholic world is still reeling from Pope Benedict’s astounding announcement last week, but the secular media has already been busily declaiming about the possible reasons for the decision, Pope Benedict’s legacy, possible contenders for the job, etc. etc. ad infinitum. In the process, the amount of misinformation that is being disseminated is staggering!

Q: I read the article “Canon Law and the Upcoming Conclave” and it was really helpful, but I have another question now. The 15-day rule has now been revised by Pope Benedict, correct? If so, has he given a specific time/number of days before a conclave can begin, or no? –Samantha A: Samantha’s right. Several days before Pope Benedict’s resignation took effect, he issued a moto proprio document that amended a number of elements of the already existing law on conclave procedure.

Q: Could you please comment on the assertions by Cardinal Mahony [of Los Angeles, California] that he is required to participate in the upcoming conclave? Many Catholics are grouping to protest his participation. –Douglas A: Douglas is referring to the highly publicized case of the Archbishop Emeritus of Los Angeles, Roger Cardinal Mahony, who is currently in Rome to participate in the conclave, now scheduled to begin on March 12. Unlike the other cardinal-electors, Cardinal Mahony’s presence here has unleashed a storm of criticism from Catholics around the world, who have been insisting that he should recuse himself from voting...

Q: I know that priests aren’t allowed to reveal what people tell them in confession. But what happens in places where reporting sexual abuse of children is mandated by law? They’re talking about making it a legal requirement now in Australia, just like they did in Ireland. Will priests really have to go to jail, rather than reveal the identity of a penitent to the police? –Lauren A: Readers from “down under” are no doubt keenly aware that last fall, Australia’s Prime Minister Julia Gillard announced the formation of a federal Royal Commission to investigate child sexual abuse. One stated...

Q1: Could you please outline the canonical problems inherent in the fact that now we have two living Popes? –Rhonda Q2: Considering that all priests and bishops must belong to a diocese or religious order, my question would be this: now that Benedict has renounced the Chair of Peter but will be living on the Vatican grounds, as a Bishop, what diocese must he belong to? –Michael A: Now that we Catholics are gradually getting used to the notion that we have a Pope from Argentina named Francis, it’s only natural that many are also starting to wonder what it’s...

Q: There are so many stories of priest-abusers shielded in past years by their superiors, who allowed it to continue. But not all the accusations are true, right? Do you know of any cases of priests accused of sexual abuse, who are really innocent? –Susan A: It would probably be difficult to find a canon lawyer who doesn’t! One might say that the response of the Catholic hierarchy to allegations of sexual abuse today, as opposed to several decades ago, has undergone a pendulum-shift.

As we all know, in far too many cases in years past, priests were accused of sexual abuse by genuine victims—and these crimes were simply swept under the rug, by church officials who eschewed their God-given responsibility to take appropriate action. This is an established, ugly fact that is not up for debate! It’s true that there’s often more than one legitimate way for an ecclesiastical superior to deal with these problems; but doing nothing, preferring to ignore the issue in the hope that it will simply go away, never has been or will be an option, ever. Note that...

Q: In the medieval and renaissance periods, the Church had many problems with nepotism. We hear nothing about this issue any more, but I’m wondering whether this is still a potential problem, at least in theory. Are there canons which prevent ecclesiastical officials from legally giving powerful church positions to their relatives? Or do bishops and cardinals avoid this unilaterally, without the need for actual laws? —Thierry

Q: I’m trying to figure out what is really going on in the case of Fr. Bourgeois, who was kicked out of the Maryknolls last year. The stories I read suggested that he was excommunicated and is no longer a priest, right? If that’s true, then why is he now saying publicly that he’s going to appeal to Pope Francis to reinstate him as a Maryknoll priest again? Can the new Pope even do that? —Ryan

Q: My sister wants an annulment so she can remarry in the Church. But when she began asking questions about how to go about it, she was immediately told that she can’t get an annulment unless she is divorced first. Can that possibly be true, or is her diocese doing something heretical? The Church is opposed to divorce, but then it pressures Catholics to get divorced… why is she being told she must get a divorce? –Denise

Q: How many miracles are required before somebody can be canonized a saint? I thought that you needed three. But now the Pope has announced that John Paul II will be canonized after only two miracles, and John XXIII with (I believe) even less than that. Did the rules get changed at some point? Is this even a canon-law question? –Sylvie A: Sylvie is of course referring to the Vatican’s July 5 announcement that a miracle has been attributed to the intercession of Blessed John Paul II, clearing the way for his canonization. The same decree also indicates that Pope...

Q: What’s the canonical status of priests ordained by SSPX bishops, and what’s the canonical status of the sacraments they administer? –John A: It would have been marvelous to be able to respond to John that the priests of the Society of Saint Pius X (SSPX) were now fully united to Rome, and thus had a status comparable to the members of any other religious institute in the Church. Sadly, however, this is not the case! While Pope Benedict was clearly hoping to reconcile the SSPX to the Church during his papacy, the fact is that this important item on...

As we saw in Part I, SSPX priests are able to celebrate validly the sacraments of Baptism, Holy Eucharist (because they can celebrate a valid Mass), and Anointing of the Sick. Additionally, SSPX bishops can validly administer Confirmation and Holy Orders. Again, without authorization from church superiors, they shouldn’t be doing any of these things; but the fact remains that they do indeed have the power to do them. These sacraments are valid, but illicit. But there are two other sacraments which haven’t been addressed yet. Unlike the five mentioned above, celebrating the sacraments of Penance and Matrimony requires more...

Q: A group of us in my parish would like to hire a canon lawyer. Specifically, we want to sue the bishop of the diocese for abuse of power, after he unjustly removed our parish priest without cause…. How do we go about filing a canon lawsuit? –Katrina

Q: How is it that the martyr Philomena used to be a saint, but isn’t any more? I don’t understand how the Church can canonize a saint and then change its mind… –Mary A: Philomena is not, and has never been a saint. Many Catholics erroneously believe that Philomena used to be a saint, and was somehow “decanonized” by Pope John XXIII in 1961. In fact, the action taken that year by the Congregation of Rites—which back then had jurisdiction over matters pertaining to the canonization of saints—actually clarified and made more consistent the canonical status of the person commonly...

Q: We have a permanent deacon at our parish. Some of us are wondering if the pastor sometimes allows him to do things that he’s not supposed to do… for example, occasionally the deacon preaches a homily at Sunday Mass instead of the priest. Is that permissible? What are the limits of what a deacon can do? —Jay A: It’s a good question! Lay Catholics generally understand that because a deacon is not a priest, there are some sacramental/liturgical actions which he cannot perform. But occasionally the laity are taken aback when they see a deacon engaged in some sort...

Q: My sister stopped practicing her faith, and married a Greek Orthodox man in his church in Greece. Now their marriage has ended, and she has returned to the Church. She might want to remarry…. We both assumed that she could easily get an annulment, because she wasn’t married in a Catholic ceremony, and so her first marriage wasn’t valid. But her parish priest is insisting that it was! He says if she wants an annulment, she has to “find other grounds.” What is the best way to resolve this, should she join a different parish, or try to reach...