Abp. Dolan, Dr. Peters, Marriage & Canon Law: A Look at "Dolan's Decree"

On the 18th day of October, Archbishop Timothy Dolan issued a decree regarding the policy the Archdiocese will have pertaining to 'same-sex civil marriages." This decree is essentially a "shot across the bow" of anyone within the Archdiocese of New York, including clergy, informing of them of the Church's teaching on marriage, and the Canonical consequences for dissent and violation of these laws.

There is nothing earth shattering or new that is stated in this decree, that a faithful Catholic shouldn't already know and believe. Adherence to this decree is mandatory at both the Canonical level and from a Natural Law perspective. Again - there is nothing doctrinally new or original in this decree.

Also, as I expected, the world renowned Vatican Canonist, Dr. Ed Peters, has posted a detailed and precise explanation of the decree as it pertains and relates to Church Canon Law. In doing so, Dr. Peters, as a pre-eminent Canon Lawyer, has laid out the firm foundation upon which "Dolan's Decree" rests. Lest anyone within, or outside, the Church make any qualms over the policy, Peters' analysis is both rock solid and clear.

My Thoughts

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Although I am no Canon Lawyer (I would like to be someday...) I like to discuss these matters because it interests me so. That being said, interest does not equate to expertise. The only reason I even dare tread on the same topics as folks such as +Dolan and Dr. Peters is because I don't think it is fair that they get to have all the Canonical fun.

_______ Authority

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Dr. Peters takes a small issue with +Dolan's use of the term "moral authority." He says that he would have suggested canonical authority, but ultimately thinks that moral "works too." I thought this interesting so I did a little searching and quickly began to see that Dr. Peters was on to something.

In the New Commentary on the Code of Canon Law By John P. Beal, James A. Coriden, Thomas J. Green, I did a search for "moral authority" and it was only found in one instance. The concept of morality and its connection to a bishops ecclesial authority is not something that is improperly stated as moral authority, but I do agree with Dr. Peters that canonical is a better fit here. But this is a minor, minor point.

Decree Norm n.1

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The point Peters makes about the first norm in "Dolan's Decree" is why Canon Law, and our Catholic Faith for that matter, are so instructive and interesting. Dr. Peters points out that the decree in essence has clarified that clergy should not even attend the 'same-sex marriage' ceremonies.
Decree Norm n.1 states:

(1) No member of the clergy (priest or deacon) incardinated in the Archdiocese of New York, or any person while acting as an employee of the Church, may participate in the civil solemnization or celebration of a same-sex marriage, which includes but is not limited to providing services, accommodations, advantages, facilities, good or privileges for such events. Ecclesiastical solemnization or celebration of same-sex marriages is expressly forbidden by Canon law.

Peters position is that:

I would take the decree to prohibit clergy’s mere attendance (as a type of ‘advantage’) at a “same-sex wedding”. Canon 209 § 1 is also relevant here, as is, of course, Canon 273.

To the casual or naive reader these Canons do not seem to say what Peters is making them to say, at all. Yet, Canon Law does not exist in a positive vacuum the way that Civil Law must. It is in fact, informed and grounded within the Natural Law. So, we must view the act of participation broadly, and in such a way that we understand it to mean that participation is equated with attendance. This is a fair reading and understanding, in light of Catholic teaching on Marriage. Some will try and read the paragraph in a narrow sense that interprets it as meaning only the acts mentioned or that actual literal act of solemnization or celebration of the marriage. This doesn't make sense in light of the remainder of the paragraph, or in light of a Catholic understanding of what Marriage is, or how it "occurs."

Why the Decree

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What I think is most interesting, is that this decree doesn't say anything new. It essentially reiterates Canon Law, and Catholic teaching, on the subject of Marriage and the Sacrament of Matrimony. It touches, on its periphery, upon the idea of ecclesial and pastoral responsibility and authority, but does so only in terms of the larger Catholic question surrounding: what is marriage?

This is in my opinion, as I stated earlier, a shot across the bow. This is not only a public statement of belief by the Shepherd of NY Catholics, but also a warning to dissidents. As you can see from Dr. Peters analysis this is firmly rooted in Canon Law. This gives it a legal basis, as well as a theological one. It will be interesting to see who challenges this decree, and in what manner.

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So Much Time, So Little To Do...

Wait, switch that, reverse it. There is so much that I have wanted to posted about this weekend, but I have been extremely busy. I think the best way to catch up is to do a link round-up. This enables me to touch on a few things at once, a la Conversion Diary and The Anchoress style. So here are some topics and links I want to discuss and let you know about. (Link goodness included... click on them, but dont forget to come back!)

Spirituality and The Mass

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Spiritual Combat & Warfare are always a big topic for me. I found a February post over at The Catholic Thing: Born for Combat talking about such a topic and think it is a good piece. I would have posted earlier, but I really am trying to cut down on my - rehashed posts of other blogs. This post says it all, and I just want to make more people aware of it. It is about the importance of fighting for the faith as Catholics.

Likwise the New Theological Movement posted a month or so ago about the Mass as a Sacrifice. This is a subject that I think more discussion needs to occur about on blogs, but I have had a hard time thinking of anything to add to the topic. The post stands for itself and is a must read. They also discuss the fact that so many folks deny this reality. Mass is not entertainment or "learn about the Faith" time. Our American faith culture is so Protestantized and edutainment driven, we have lost sight and complete understanding of what the Mass truly is.

Bishops Making News

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There are a few good Bishops who are doing things worth posting about, for various reasons. Raymond Cardinal Burke has been in the news quite a bit lately. He got a lot of coverage for his appearance down south at the large Planned Parenthood, but more recently has been quoted talking about the Mass. He echoes the sentiment of a few prominent Catholic media personalities, as well as this blogger's, concerning the need to shift away from a human focused Liturgy to a God centered one.

Bishop Etienne of Cheyenne on the other hand is making news with his ... gun? You have to check out his blog about a spring turkey hunt. Yes, you read all of that correctly.

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The 2011 Canon Law conference will again be at the National Shrine of Our Lady of Guadalupe in Wisconsin. It is in August and I would just love to go! Dr. Peters will of course be there and Cardinal Burke will be hosting. Dr. Charles Rice, a former Ave Law professor and great gentleman, will also be presenting. Oh, if I had a million dollars! Alaska makes this trip almost undoable but if you live anywhere in driving distance and have some relation or interest in law or Canon Law, you would be foolish not to attend. It has a high registration fee relative to its function, but again, those related to the law should not see this as any hurdle. In fact, if you help out with legal (Canon or Secular) issues within your parish or diocese, I would suggest requesting a scholarship of sorts. This is the Superbowl of events for a geek like me.

For those of you in Anchorage, or elsewhere, that attend the Dominican Rite Mass, there is a new booklet  that can help you follow along.

Have you heard about the Diocese of Lincoln, Nebraska? They have 41 Seminarians! Their Catholic population is estimated around 95,000. That is one seminarian for every 2317 people. Comparatively that number crushes almost all other Dioceses efforts. Could it be the Bishop? You make the call.

The whole, 'When should Confirmation occur?' debate has come up again. This probably merits its own post, but the NTM takes a Thomistic view of the debate. They make some really good points, and once again the weight of the debate falls on the side of moving the Sacrament's celebration earlier and not later in life. There is good theological reasoning behind it, but of course you have to shed any humanistic emotion and bias to understand it, which means that the ears that need to hear it will be of course deaf to the argument from the get-go.

Finally, Erin Manning discusses the troubled situation in the K.C.-St. Joe's Diocese regarding a priest controversy. There is a lot going on in that issue, but the point she brings up about a "Chancery Bubble" is the part that I want to focus on. (Not that the other issue isn't the important one, but I leave other more adept folks to get to the bottom of that.) She discusses how many Bishops shield themselves in many ways behind the Chancery. In some instances I think that the Bishops are really a figurehead to the body politic of the Chancery. Manning brings up some really valid and interesting points that should be considered.

Ok... my fingers are tired... and hopefully you all learned something from this post....

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Holy Thursday & Foot Washing: A solution?

Now that the Triduum is past us for the year, blogs are full of the "What happened at your Parish" reports. One of the most common places for Liturgical Abuse and illicit activity if Holy Thursday Mass and the Rite of the Washing of Feet. 

I won't get into the ridiculousness that occurred at my parish, or rehash the argument about why men only should have their feet washed, because that has been time and time again. What I will say, is that over at Father Z's place, he has a poll going and it has sparked some interesting commentary, as this subject always does. 

The most interesting comment though, comes from Dr. Ed Peters - the famed Canonist. He suggests moving the Rite to the Chrism Mass for a very valid and theological reason:

I wish the whole rite (which completely breaks up the rythym of the liturgy, and reduces the nave to orchestra seating for spectators) would be moved to the Chrism Mass, where the bishop would wash to feet of 12 of his priests.

It makes sense, would remove the opportunity for Liturgical abuse, and would theologically center the rite in the Church, and for Catechetical purposes.

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