Jump to content
An Old School Catholic Message Board

Pope tells priests to pardon women who have abortions


StMichael

Recommended Posts

Ash Wednesday

"I have decided, notwithstanding anything to the contrary, to concede to all priests for the Jubilee Year the discretion to absolve of the sin of abortion those who have procured it and who, with contrite heart, seek forgiveness" 

 

Dear Yahoo, you missed a spot.

Link to comment
Share on other sites

https://canonlawblog.wordpress.com/2015/09/01/pope-francis-on-reconciliation-for-abortion/ 

I am sorry to have written a long post on this matter. I did not have time to write a short one.

Abortion has long sat in the middle of a three-street ecclesial intersection, namely, those of Sin, Crime, and Sanction. The meeting of any two of these factors would make for a perilous perch but the confluence of all three is fraught with opportunities for confusion. At the risk of serious over-simplification, let me sketch the basic situation and then address Pope Francis’ comments thereon.

1. Abortion has always been recognized as a sin and a grave sin at that. Like other grave sins the path to reconciliation is basically by sacramental Confession.

2. Like some (but not all) sins, abortion has long been treated as acrime under canon law. As is true of other crimes, however, a host of legal factors must be considered in determining whether one who has become involved in the sin of abortion is also guilty of the crime of abortion. Not all persons sinning in this regard are guilty of the crime.

3. The canonical sanction levied against those canonically guilty of thecrime of abortion has long been excommunication (a surprisingly complex institute), and latae sententiae (or, automatic) excommunication at that (ironically, a complex procedure for incurring and living under certain censures). I have long held that the automatic character of certain sanctions in the Church does more juridic and pastoral harm than good these days, but I won’t debate that matter here.

This already-complex intersection of sin, crime, and sanction has, I am sorry to say (sorry, because I think the canon law on abortion is too complex to meet some urgent pastoral needs facing us), been further complicated by at least two factors: first, an easy-to-overlook procedural change in the abortion crime norm itself, namely from 1917 CIC 2350 to 1983 CIC 1398, whereby the former express limitation that only “ordinaries” could lift the excommunication for the crime of abortion was dropped, introducing confusion as to whether and if so how the sin of abortion (which was too casually identified with the crime) could also be absolved by priests; and second, due to another easy-to-overlook change in the abortion canon (matre non excepta), a powerful argument exists (to which I subscribe*) that excommunication for the crime of abortion cannot be automatically incurred by pregnant women (as opposed to abortionists themselves) if the penal law of the Church is applied according to its express terms. Thus, upon noting that there are zero examples of women being formally excommunicated for their abortion, this second factor, if correct (and I think it is) means that no women (again, as distinguished from blood-soaked abortionists) have been excommunicated for abortion at least since the 1983 Code went into effect.

Now, given the inherent complexity of the law itself in this area, the disputes about that law among qualified experts, and the pervasive ignorance of canon law among rank-and-file faithful brought about by 50 years of ecclesiastical antinomianism, no wonder people are confused about what Pope Francis’ recent statement means. I’m confused, if perhaps less so than some others.

Francis writes: “For this reason too, I have decided, notwithstanding anything to the contrary, to concede to all priests for the Jubilee Year the discretion to absolve of the sin of abortion those who have procured it and who, with contrite heart, seek forgiveness for it.” Canon law is not mentioned and we must parse such implications as best we can.

A) I think the pope’s statement reflects a mistaken assumption, common among those who were trained under the 1917 Code, that priests with normal faculties for Confession still cannot absolve from thesin (let alone from the crime) of abortion. I and others, however, hold that all priests with faculties can absolve from this sin. The pope’s comments resolve this debate admirably (at least for the period of the Jubilee Year) as I happen to think it should be resolved.

B) The pope’s statement seems to assume that the sin of abortion and the crime of abortion are concomitant realities. I, however, and I’ll wager nearly all other experts, hold sin to be distinguishable from crime, and that this crime is rarely, if ever, committed by women (again, as opposed to abortionists). Now, nothing in the pope’s comments addresses the crime of abortion though maybe he intended to address the crime as well as the sin (I cannot imagine that Francis meant to leave women in peril of excommunication for their abortions—though I stress again that I do not think women are excommunicated for undergoing abortion). But, plainly, the pope’s text itself does not address the crime of abortion or its canonical consequences and so I see no change in canonical discipline in this regard. If, by the way, the pope’s text does address the crime of abortion, then it seems to allow abortionists to have their excommunications—sanctions much more likely to have been incurred under current canon law—addressed as well. Maybe Francis intends that outcome though he speaks exclusively of women suffering in this regard and not of abortion profiteers. Perhaps Rome will clarify this point.

Et poenae latae sententiae delendae sunt.

* See my “Canon 1324: exemption from a penalty” and “Canon 1398: Excommunication for procured abortion” in 2010 CLSA Advisory Opinions 169-174 and 178-182 respectively.

Link to comment
Share on other sites

I hope not to make this an EF vs OF post, but in terms of confession, I particularly like that in the EF formula it expressly states first that you've been forgiven of any interdicts etc and then have the sins absolved.  Thus it is clear that there are both possible sanctions as well as sins which are being lifted.  

Link to comment
Share on other sites

Isn't the Canon Law Blog guy overthinking it a bit?

In my RCIA class the priest told us that he will not forgive abortion during confession. He said that if someone confesses abortion in confession he will tell the person that she has to get the sin forgiven by the Bishop of our diocese.  So regardless of the rule, it seems that in many places that priests are not forgiving the sin of abortion during confession.

Isn't Pope Francis just speaking to that? Meaning - priests like the one in my diocese, who for whatever reason were instructed not to forgive abortion in confession, should start forgiving it?

I dunno. Maybe I am oversimplifying it to much . . .

"I have decided, notwithstanding anything to the contrary, to concede to all priests for the Jubilee Year the discretion to absolve of the sin of abortion those who have procured it and who, with contrite heart, seek forgiveness" 

 

Dear Yahoo, you missed a spot.

LOL. Isn't that true for all grave sins? What are you trying to say exactly?!

Link to comment
Share on other sites

Ash Wednesday

 

LOL. Isn't that true for all grave sins? What are you trying to say exactly?!

Unfortunately some numpty is going to read the header and think the pope is excusing or permissive of abortion. I'll need to fact check it, but I came across an info snippet suggesting that surprising number of Catholics actually believe the pope supports gay marriage. :getaclue:

Link to comment
Share on other sites

Isn't the Canon Law Blog guy overthinking it a bit?

In my RCIA class the priest told us that he will not forgive abortion during confession. He said that if someone confesses abortion in confession he will tell the person that she has to get the sin forgiven by the Bishop of our diocese.  So regardless of the rule, it seems that in many places that priests are not forgiving the sin of abortion during confession.

 

Ed Peters is the highest ranking lay canon lawyer, iirc.  Although he makes some arguments that others have disagreed with (sometimes rightfully, imho), he certainly does know what he's talking about.  And when it comes to canon law, it's not as straightforward as we all like to think. He's issuing his professional opinion as to the rationale behind all this for those who want the details.  

Now, as to your RCIA experience - it's hard to tell whether the priest meant he did not have faculties to absolve abortion (and was thus correct in forwarding said person to the bishop) or if he's just being difficult.  Regardless, during this Year of Mercy, all priests have the faculties, and going along with what the pope is saying, would be strongly encouraged to absolve.  I think it would probably be sinful for such priests to refuse absolving for anything less than a totally non-contrite confession.  

Link to comment
Share on other sites

EWTN posted this on their facebook feed.  I found it helpful because sometimes other explanations go over my head, so perhaps this will help others too.

We've noticed a lot of online questions about whether a woman who has had an abortion can be forgiven. We asked EWTN Vice President of Theology Colin Donovan to answer. Please read to the end of this post for the good news in this Jubilee Year of Mercy!
"Any sin for which a person is repentant can be forgiven. Abortion is no different. However, certain especially serious sins, in this case killing the most vulnerable among us, also receive a canonical penalty, that of excommunication. In order to receive absolution for the sin in confession, the excommunication (which forbids participation in the Church’s sacraments), must first be absolved.
"As a sin whose absolution is reserved to the bishop of the diocese, bishops generally delegate the faculty to absolve this excommunication to certain priests, but some delegate it to all their priests. Now Pope Francis has delegated it to every Catholic priest in the world. Absolution from abortion is a possibility that has always existed and for which tens of thousands of women have taken advantage. During the Jubilee Year of Mercy, hopefully all who have procured abortions, which is anyone directly and willing involved (the doctors and nurses, the mother, the father or parents who insisted or paid for it), will do so in the Jubilee Year of Mercy."
Our God is an amesome God! We pray our Church's confessionals are filled with people in need God's healing grace. "My Jesus, mercy!"

Link to comment
Share on other sites

unfortunately Vee, people read what they want to read, so even if  who ever the reader reads,  thou shall not kill,  doesn't necessarily mean that because ( fill in the blank ) same with this,  it is too much of a hassle for those at the top to do the work who are supposed to take care of confessions like this so ipsofacto hurray now priests can do it.

 

And then again what people forget, is, rules only apply to those who want to follow them. it isn't as if the church has confession checkers at the door and in line to communion.  but again that is a different topic for i guess examination of conscience or moral implications or something, sin, what ever, im not paying attention anymore but rambling.

Link to comment
Share on other sites

unfortunately Vee, people read what they want to read, so even if  who ever the reader reads,  thou shall not kill,  doesn't necessarily mean that because ( fill in the blank ) same with this,  it is too much of a hassle for those at the top to do the work who are supposed to take care of confessions like this so ipsofacto hurray now priests can do it.

Given that the Pope has dedicated the upcoming year to the mercy of the Lord in a special way, it does make sense to grant priests these faculties in order to encourage as many people as possible to receive the sacrament. God willing the confessionals will be overflowing. From what the Pope said, this is just for the Jubilee Year, not a permanent arrangement.

Link to comment
Share on other sites

Isn't the Canon Law Blog guy overthinking it a bit?

In my RCIA class the priest told us that he will not forgive abortion during confession. He said that if someone confesses abortion in confession he will tell the person that she has to get the sin forgiven by the Bishop of our diocese.  So regardless of the rule, it seems that in many places that priests are not forgiving the sin of abortion during confession.

Isn't Pope Francis just speaking to that? Meaning - priests like the one in my diocese, who for whatever reason were instructed not to forgive abortion in confession, should start forgiving it?

I dunno. Maybe I am oversimplifying it to much . . .

A Bishop had to give permission to each case in my past diocese too. I've no idea if that's the norm or not, seems so. I only just remembered this though as I read your post as my immediate response was 'I thought Priests could already forgive this during confession'. I'd imagine most people think this too.

So this is going to only be for a year? Then it's back to procedures as usual?:idontknow:

Link to comment
Share on other sites

A Bishop had to give permission to each case in my past diocese too. I've no idea if that's the norm or not, seems so. I only just remembered this though as I read your post as my immediate response was 'I thought Priests could already forgive this during confession'. I'd imagine most people think this too.

So this is going to only be for a year? Then it's back to procedures as usual?:idontknow:

They can forgive the sin, yes. The lifting of the penalties for the crime, which again, is not the same thing, is legally reserved to the Ordinary who can delegate in general as he sees fit.

Link to comment
Share on other sites

They can forgive the sin, yes. The lifting of the penalties for the crime, which again, is not the same thing, is legally reserved to the Ordinary who can delegate in general as he sees fit.

I could be wrong, but the penalty of excommunication must be lifted first before the confession can be heard.  Because that's the point of excommunication - deprivation of the sacraments.  At the same time, the threshold of who actually incurs the excommunication seems to a bit contested. 

Link to comment
Share on other sites

I could be wrong, but the penalty of excommunication must be lifted first before the confession can be heard.  Because that's the point of excommunication - deprivation of the sacraments.  At the same time, the threshold of who actually incurs the excommunication seems to a bit contested. 

You are probably right. I am guessing that in the normal course of things it would happen both in the same formula, by a priest who was duly authorized, or by the Ordinary.

But yes, you were right. I believe Dr. Peters said above that in his opinion the woman rarely if ever incurs the penalty of excommunication, whereas it would be far more likely for the abortionist to do so.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...