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All rights reserved. Why Would a Wedding in Our College Chapel be Invalid? But the notion that you “shouldn’t be discussing this” with a canonist (as Karl was told) is just plain ridiculous. True, it is not necessarily advisable for someone untrained in the law to start randomly flipping through it on his own; as we saw in “Is She Excommunicated? (To top it off, in Karl’s case the law in question happened to be unusual and rather obscure.) Not only is this common sense, but once again, the law fully supports Karl’s actions: canon 748.1 states that everyone (not just Catholics!) Cathy Caridi, J.C.L., is an American canon lawyer who practices law and teaches in Rome. c. 1058). The pastor of Karl’s parish doesn’t understand the legal niceties of the situation, and doesn’t have the intellectual honesty to admit it—and so he simply wants Karl to go away. You have to wonder what the point of even having canon law would be, if using it to challenge an unjust/illegal decision were fundamentally contrary to the Gospel. Assigned canonists come from another diocese or a different religious community than the client priest or deacon. Copyright © 2017 Justice for Priests and Deacons. The Code of Canon Law is not some mysterious secret that is accessible only to an elite group of the initiated! We now have non-profit status and a board of trustees of canonists, civil attorneys and lay people. A canon is a member of the chapter of (for the most part) priests, headed by a dean, which is responsible for administering a cathedral or certain other churches that are styled collegiate churches. He tried to marry validly in the Church; and when he discovered that (despite his best efforts) that’s not what happened, he made sure to get all his facts straight before going to the parish priest for help in rectifying the problem. Canon 515 §1 of the Code of Canon Law says that each parish is to be entrusted to the care of a parochus, who serves as the shepherd of the community under the authority of the bishop. Justice for Priests and Deacons is a nonprofit organization composed of priests, religious, deacons, and laity dedicated to a three-fold purpose: Approved by the Business Board on August 14, 2010. Still, the real problem in prosecuting clergy sexual-abuse cases was, according to Cafardi, not canon law itself. It is thus entirely understandable if Karl’s pastor isn’t fully at home with the complexities of the canons on marriage law that apply in Karl’s situation. The other priest was accused by an adult and shouldn't have been included on the list, as it confined itself to those who allegedly molested minors. Re-post: Confession and General Absolution. But when a reasonable, intelligent parishioner has a reasonable, intelligent question about canon law, he has every right to contact a canon lawyer about it—and if he brings the law to the attention of his pastor, he has every right to expect the priest to listen. Why Would a Catholic Cleric Desecrate an Altar? He says that he will most likely get a response from the Chancellor by Tuesday or so and that we will go from there. If the information on this website has helped you, please consider making a contribution so that it can continue to help others. This particular priest wasn’t around at the time of Karl’s wedding, and so he is hearing anything that Karl tells him for the first time. A New Hampshire contingency lawyer recently brought forward his fifth round of mediated settlement demands. For those who do not possess an advanced degree in theology or who have had no previous training in philosophy, 24 graduate credits in theology (8 courses or two semesters) are required, covering (in general) dogmatic theology, ecclesiology, sacramental theology, and moral theology. Fortunately, he understood his problem well enough to know that he should not allow himself to be cowed by the pastor of his parish. Q: As you advised, I spoke to my parish priest [about the invalidity of my marriage] and he “kindly and strongly” advised me on a couple things: 1) That I should not even be discussing this with you because you aren’t an authority and for all I know you could be anyone, that I should take my concerns to the priest who originally married me and then, if needed, to the chancellor of the diocese because they are my authorities. To give direct guidance to any priest, deacon, religious, or laity regarding their rights in canon law and the church; to help ensure due process procedures are followed; to obtain the services of competent canon lawyers to represent them to ecclesial authority; to recommend competent civil attorneys when necessary. What Happens When a Religious Who’s Vowed Poverty Becomes a Bishop? 538 §1 A parish priest ceases to hold office by removal or transfer effected by the diocesan Bishop in accordance with the law; by his personal resignation, for a just reason, which for validity requires that it be accepted by the diocesan Bishop; and by the lapse of time if, in accordance with the particular law mentioned in can. To maintain regular communication with priests, deacons, religious, and laity imprisoned or recently released from prison; to provide canonical advice, spiritual and emotional support; to provide nominal financial assistance when appropriate as directed by the Business Board and administered by the Executive Director of Justice for Priests and Deacons. In these cases, they can be excommunicated, laicized, be removed from … 1321 - 1330) title iv. None of the content of this website may be reproduced, either in whole or in part, without the advance written permission of the author. Two of the priests suing were accused of "boundary violations." What should have happened in this situation? So let me phone the diocesan offices right now and discuss all this with a canonist there, and I’ll get his opinion and see what needs to be done. is bound to seek the truth in matters which concern God and His Church. Part II” for a discussion of what convalidation is), and Karl’s marriage is finally valid in the eyes of the Church. First of all, as a practicing Catholic, Karl has the right to receive the sacraments (c. 843.1; see “Can You Be Refused Holy Communion if You Kneel?” “Can a Priest Refuse to Hear Your Confession if He Knows You?” and “Can Catholics Be Prohibited From Marrying in Lent and Advent?” for other scenarios involving this canon). Rachford said that Justice for Priests and Deacons gives advice to clergy, or furnishes priests with passages of canon law specific to their situation, which they can share with their bishop. When (and How Much) Can a Bishop Tax a Parish. After we gather information on each case, a canonist is assigned. We could not continue this fight without our generous supporters. Since he had sincerely attempted to celebrate a sacrament, but was effectively prevented from doing so, Karl logically turned to the priest of his parish for help. By publishing their nam… Since Karl is asserting that the priest who married him and his wife either didn’t understand the law, or didn’t care, the sheer irrationality of such a suggestion is nothing short of mind-boggling. Consequently, when he and his wife were married in a Catholic wedding ceremony, they had the right to have it celebrated correctly—and in this, the priest who celebrated their wedding failed them grievously. If the priest against To sum up, Karl has done everything correctly in this equation. Father Gerald Murray, a canon lawyer and pastor of the Church of the Holy Family in New York, said he believes greater specificity in the law … A legitimately erected parish possesses juridic personality by the law itself. Unsigned/anonymous questions are not read, much less answered (why is it necessary even to mention this?). penal law and penal precept (cann. Let’s take this situation apart and examine it, piece by piece. In video posted online, a Canon Law priest based in Brazil has formally accused Pope Francis of heresy and schism. Failure to permit a defendant to contact a canon lawyer will almost surely lead to the final decision being overturned, if it is subsequently brought to the Vatican’s attention. Is She Excommunicated? penalties and other punishments (cann. So if he’s abruptly presented with a parishioner showing him a bunch of canons which he can’t really follow, and the parishioner is insisting that he spoke with a canonist who told him that yes, my marriage is invalid and we need to fix this… what should the pastor do? Why is Google hiding the posts on this website in its search results? But as we can see, this bishop is obviously confused enough about the scope of his own power, and about the nature of faithful Catholics’ obedience to it, to think that anyone who objects is actually wrong to consult a canonist in a sincere quest for justice. Check out this jaw-dropping statement made to another canonist—in writing—by a bishop in Africa not too long ago, when he learned that some members of his diocese had appealed to Rome against a decision he had taken against them: These people who have chosen you as “their lawyer”… if they are aware that they have to defend their faith, they know they have no need of any counsel besides the Holy Spirit, Who has been promised to us as our Paraclete. Msgr. Karl sent an email inquiry to this site and unfortunately, it was easy to confirm that his marriage had indeed been celebrated invalidly. 2) He was certain that things were handled appropriately and that I shouldn’t have anything to worry about. Rather, the problem was that bishops adopted a psychological model that excluded canon law, and they routinely sent priests accused of sexual abuse for psychological evaluation and treatment. Priests and deacons who fear they cannot be adequately represented by diocesan canon lawyers can now turn to a canon lawyer referral program called Justice for Priests and Deacons. Now let’s imagine for a moment how things would stand today if Karl had allowed the parish priest—who said he “was certain that things were handled appropriately and that [Karl] shouldn’t have anything to worry about”—to browbeat him into doing nothing at all. That’s not a rhetorical question. Michael Higgins, a Canon Lawyer from San Diego, said “most diocesan canon lawyers work in marriage tribunals of local dioceses and are employees of the diocese themselves. Msgr. The dean and chapter are the formal body which has legal … In the past Cathy has published articles both in scholarly journals and on various popular Catholic websites, including Real Presence Communications and Catholic Exchange. Many priests and deacons are unaware of their rights under Canon Law. And we can see how many laws the priest has simultaneously violated in the process! Can Pro-Abortion Politicians Receive Holy Communion? Canon law binds all of us, and so educating oneself about canon law is never off-limits to Catholics. title ii. Sanctions, Part II,” it can be dangerously easy to reach erroneous conclusions by misunderstanding the technical wording of the law, or by failing to understand how to apply it correctly. Part II. The task of handling this process is reserved to the Congregation for the Doctrine of the Faith. I really don’t think I will get anywhere with this priest…. You don’t need to know a thing about canon law to understand what is happening in this situation. Many canon lawyers have advanced degrees in theology. If he has behaved like this to Karl, it’s reasonable to suspect that he’s done much the same thing to other parishioners too. Justice for Priests and Deacons was founded to create a referral program to advise priests and deacons about their rights under Canon Law and to process appeal cases. It’s not clear why there are so many in the Church who find it difficult to say honestly, “I don’t know the answer, I have to check,” especially when something as spiritually important as the validity of someone’s marriage is at stake. First, Second, and Third Cycle First Cycle. Incredibly, however, there are those in authority positions in the Church who would prefer that the Catholic faithful had no knowledge of the law, or access to a lawyer, so that their possibly illegal decisions can go unchallenged. Sanctions, Part II, What Does it Mean to Have Your Marriage Blessed? The canonist works to defend the rights of and give canonical counsel to the priest or deacon. In fact, the code itself provides that under certain circumstances, a person must have access to a canonist. She founded this website to provide clear answers to canonical questions asked by ordinary Catholics, without employing all the mysterious legalese that canon lawyers know and love. Re-post: Can We Receive Holy Communion Twice on Christmas Day? Our organization has served countless, but the battle against injustice and systemic denial of canonical rights is never-ending. She founded this website to provide clear answers to canonical questions asked by ordinary Catholics, without employing all the mysterious legalese that canon lawyers know and love. As canon 528.2 tells us, the pastor of a parish is to ensure that the faithful are nourished by the devout celebration of the sacraments—and it is precisely the celebration of a sacrament that is at issue in Karl’s case. Can. Currently approximately 90 canon lawyers are available in the United States, Ireland, England, Australia and a few other countries.. Browse other questions tagged catholicism canon-law demographics canon-lawyer or ask your own question. Considerable theological knowledge is a prerequisite to formal canonical education. The Virus and the Bishops: Twisting a Vatican Document to Further an Agenda. Well, how about something like this: Karl, I’m sorry that this is happening to you. Why Is This Method of  Baptizing Illicit? He went further as well, saying that Pope Francis is the false prophet in the Book of Revelation and an antipope. United States, Ireland, England, Australia and a board of trustees of canonists, civil attorneys and people... Canon-Law demographics canon-lawyer or ask your own question canon law ) and the bishops: Twisting a Document! Under canon law is not some mysterious secret that is accessible only an... Valid, Invalid Baptisms and Unaccountable clergy Code itself provides that canon lawyers for priests certain circumstances, a canonist is assigned anywhere! 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