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Legal barriers complicate what the pope wants from next year's pivotal Synod puzzle

Legal barriers complicate what the pope wants from next year's pivotal Synod puzzle

Pope Francis’s extraordinary Synod of Bishops, consisting of two meetings last October and the concluding session next October, is dealing with “synodality.”

What? The media and Catholic activists are all energized about such topics  as letting women be deacons, or married men be priests, or softened LGBTQ+ policies, or allowing Communion for divorced members who remarry, or for Protestants.

Just possibly something on those might occur next year. But for certain the delegates will try to fill out that mysterious, Zen-like “synodality” term — which means some sort of organizational revamp so male and female lay parishioners are more closely engaged in the life of their church. Some call the whole puzzle Vatican III Lite.

In the flow of comment after the recent first session, Claire Giangravè, Religion News Service’s Vatican correspondent, filed a particularly savvy article on realistic changes required for any substantive doctrinal shifts in that direction. Not a simple process because, as the headline said, “To remake church power in Francis’ vision, synod calls for changes to canon law.”

In the interim leading to next October’s session, The Guy thinks the news media should be tracking down experts on the canon law code, which was revised in 1983 under Pope John Paul II to accommodate the documents from the Second Vatican Council. (Note: Eastern Rite churches in communion with the pope have separate laws.) See a Canon Law Society of America member listing here.

A reminder of the basic realities begins with Catholicism as a supremely hierarchical church centered on Francis’s own office. The code (#331) states that the pope as head of the college of bishops worldwide and the “Pastor of the universal Church on earth … enjoys supreme, full, immediate and universal ordinary power in the Church, which he can always freely exercise.”

Don’t miss the importance of that word “immediate.”


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Attention journalists: New papal decree still avoids laity in process of fighting sexual abuse

A new decree by Pope Francis that now requires priests and nuns to report cases of abuse by other clergy — including any cover-ups by superiors such as a local bishop — is long overdue.

It’s so long overdue that one has to wonder why this wasn’t something put into practice by the church years ago.

Nonetheless, the pope’s attempt to finally create some accountability and transparency is well intentioned, although misguided given that it largely ignores the role of laypeople and relies primarily on clergy self-policing, something sex abuse victims and their families have long decried as part of the problem.

The new church law — known as Vos Estis Lux Mundi (You Are the Light of the World) — announced this week doesn’t require clergy to report these cases to civil authorities, such as the local police. That’s a big mistake. The primary responsibility of anyone who witnesses a crime is to alert authorities. In the case of predator priests, the Vatican has long argued that involving civil authorities could potentially endanger the lives of church officials in places where Roman Catholics are persecuted.

As a result, this papal decree gives bishops (and men above them like archbishops) lots of power and appears to be a contradiction of those same claims of clericalism the pope and his supporters in the Roman curia largely pointed to last year when confronted with allegations of sex abuse. The practice of policing oneself hasn’t worked well in the past for the church or any large secular or religious organization.

“People must know that bishops are at the service of the people,” Archbishop Charles Scicluna, the Vatican’s sex crimes prosecutor, told The Associated Press. “They are not above the law, and if they do wrong, they must be reported.”

The decree now requires priests and nuns to report allegations in which there are “well-founded motives to believe” that another cleric or sister has engaged in the following crimes: sexual abuse of a minor, improper sexual relations with an adult, the viewing and distribution of child porn or that a superior (such as a bishop) has covered up any of these aforementioned crimes.

These measures are a result of the behavior of former Cardinal Theodore McCarrick, who was laicized earlier this year after he was revealed to being a serial predator.

Would the measures now in place have potentially been able to stop McCarrick from committing crimes for decades? Maybe.


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