Loss of Clerical State (Catholic Church)
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Loss of Clerical State Catholic Church
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In the canon law of the Catholic Church, the loss of the clerical state (commonly referred to as laicization or laicisation) is the removal of a bishop, priest or deacon from the status of being a member of the clergy.

The term defrocking has no meaning in contemporary Catholic canon law,[1] although it used to mean a cleric being forbidden to wear clerical garb (to de-frock etymologically means to take away the clerical attire known as a frock) without further restrictions, as a gradation of reduction without the full loss of the clerical state.

In the Catholic Church, a bishop, priest, or deacon may be dismissed from the clerical state as a penalty for certain grave offenses, or by a papal decree granted for grave reasons. This may be because of a serious criminal conviction, heresy, or similar matter. Removal from the clerical state is sometimes imposed as a punishment (Latin: ad poenam),[2] or it may be granted as a favor (Latin: pro gratia) at the priest's own request.[3] A Catholic cleric may voluntarily request to be removed from the clerical state for a grave personal reason.[4] Voluntary requests were as of the 1990s believed to be by far the most common means of this loss, and most common within this category was the intention to marry, because Latin rite clergy must as a rule be celibate.[4] Canon law was later amended in March 2019 to make it so clergy belonging to a religious order could lose the right to have clerical status in a community which they have been absent from as well.[5][6] This community dismissal policy has been in force since 10 April 2019.[7]

Consequences

Laicization involves cessation of all the rights of the clerical state. It also ceases all obligations of the clerical state, except for the obligation of celibacy. Dispensation from the obligation of celibacy can only be granted by the pope, except in ordinations that have been declared invalid, in which case no dispensation is necessary.[8] Because the sacramental character of ordination makes it indelible, the cleric maintains the power of orders. He is, however, forbidden to exercise it, except to give sacramental absolution to someone in danger of death. He also automatically loses his offices, roles and delegated powers.[8]

Normally, the same rescript grants both laicization and dispensation from the obligation of celibacy. The person to whom it is granted is not permitted to separate the two, accepting the dispensation while rejecting the laicization, or accepting the laicization while rejecting the dispensation. While married deacons whose wives die are sometimes permitted to marry again, and married ministers of a non-Catholic confession who become Catholics are sometimes permitted to be ordained and minister in the Catholic Church, grants of dispensation from the obligation of celibacy without simultaneous laicization are very rare.[9][10]

A laicized cleric loses rights to such things as clerical garb and titles (such as "Father"). He is freed from obligations such as recitation of the Liturgy of the Hours, but like any member of the laity is encouraged, though not obliged, to continue to recite it. The rescript of laicization for a deacon normally contains no special limitations, but that for a priest does prohibit him from delivering a homily (the sermon preached at Mass after proclamation of the Gospel reading, not preaching in general), acting as extraordinary minister of Holy Communion, having a directive office in the pastoral field, or having any function in a seminary or similar institution. It imposes restrictions also regarding the holding of teaching or administration posts in schools and universities. Some of these limitations may be relaxed according to the judgment of the local bishop[11] including the teaching of theology in schools or universities (both Catholic and non-Catholic), maintaining contact with the parish where the priest used to serve, and administering the Eucharist.[12]

A cleric dismissed from the clerical state cannot be reinstated in the sacred ministry without the consent of the pope.[8]

New regulations issued in 2009 regarding priests who abandon their ministry for more than five years and whose behavior is a cause of serious scandal have made it easier for bishops to secure this removal of clerical status from such priests even against the priests' wishes.[13] In the two years 2011 and 2012, nearly 400 Catholic priests were removed from the clerical state, with a peak of 260 in 2011, and nearly half of these being imposed as a penalty.[14][15]

Difference from suspension

The removal from the clerical state differs from suspension. The latter is a censure prohibiting certain acts by a cleric, whether the acts are of a religious character deriving from his ordination ("acts of the power of orders") or are exercises of his power of governance or of rights and functions attached to the office he holds.[16] As a censure, suspension is meant to cease when the censured person shows repentance. Removal from the clerical state, on the contrary, is a permanent measure, whereby for a sufficient reason a cleric is from then on juridically treated as a layman.

Notable historical examples

At Napoléon Bonaparte's insistence, Charles Maurice de Talleyrand-Périgord requested laicization in 1802, in order to marry his long-time lover Catherine Grand (née Worlée). Talleyrand was already excommunicated for his part in the Civil Constitution of the Clergy. Pope Pius VII reluctantly lifted the excommunication and gave him permission to wear secular clothing, which permission the French Conseil d'État interpreted as a laicization. Talleyrand married Worlée, then divorced in 1815[], and lived on as a layman, but on his deathbed in 1838 he signed a document of reconciliation with the Church, prepared by future bishop Félix Dupanloup. Dupanloup then administered the last rites of a bishop to Talleyrand.

Bishop of San Pedro Fernando Lugo requested laicization in Paraguay in 2005 to allow him to run for President of Paraguay.[17] The Church at first refused, going so far as to suspend him as bishop when he ran for office anyway, but eventually granted lay status in 2008 after he was elected.[18]

In September 2018, Pope Francis ordered the laicization of a Chilean priest convicted in 2011 of the sexual abuse of minors. He had previously been sentenced to a life of prayer and penance.[19]

Cases of bishops

The laicization of bishops, by dismissal or voluntarily, is historically very rare, although it has occurred more frequently in recent times. Notably Emmanuel Milingo of Zambia (2009) and Raymond Lahey in Canada (2012) were laicized.[20][21]Józef Weso?owski, a Polish archbishop who had been a nuncio (papal ambassador), was dismissed from the clerical state in 2014 on grounds of sexual abuse of minors.[22] The Vatican had made criminal charges against Weso?owski related to his abuse of minors and was going to try him. However, in July 2015 the trial was postponed due to Weso?owski's ill health and then he died on 27 August 2015 before a trial could be held.[23]

Theodore Edgar McCarrick, a former cardinal and the former Archbishop of Washington, D.C., was dismissed from the clerical state in February 2019.[24] McCarrick is the highest-ranked church official to date to be dismissed over the ongoing sexual abuse scandals in the Church.[25]

Community Dismissal

On 26 March 2019, Pope Francis made public an apostolic letter titled Communis Vita (Community Life). The letter, which was issued on March 19, 2019, amends Canon Law and requires local superiors of a religious order to dismiss any member of their "religious house" without the Pope's consent if they have been absent for 12 months and out of contact.[26] Canon Law already required superiors to track them down and encourage them to return after they have been absent for six months.[27] The policy, which is also a motu proprio,[7] went into effect on 10 April 2019.[7][27]

References

  1. ^ "'Defrocking' priests: the media keep asking the wrong question". www.catholicculture.org. Retrieved 2019.
  2. ^ "David Hanser". www.archmil.org. Retrieved 2019.
  3. ^ An example of pro gratia laicization
  4. ^ a b Shaw, Russell B.; Stravinskas, Peter M. J. (1998). Church & state: a novel of politics and power. Huntington, Indiana: Our Sunday Visitor. p. 595. ISBN 0-87973-669-0.
  5. ^ https://agensir.it/quotidiano/2019/3/26/papa-francesco-motu-proprio-communis-vita-il-religioso-illegittimamente-assente-per-un-anno-e-dismesso-dallordine/
  6. ^ https://www.catholicnewsagency.com/news/pope-francis-changes-canon-law-for-religious-who-desert-the-community-60624
  7. ^ a b c https://www.vaticannews.va/es/vaticano/news/2019-04/vaticano-mutu-propio-communis-vita-mons-rodriguez-carballo.html
  8. ^ a b c "Code of Canon Law: text - IntraText CT". www.intratext.com. Retrieved 2019.
  9. ^ John P. Beal, New Commentary on the Code of Canon Law (Paulist Press 2000 ISBN 978-0-80914066-4), pp. 389-390
  10. ^ "Translation of a sample rescript of dispensation from priestly celibacy". Retrieved 2019.
  11. ^ Beal (2000), pp. 390-392
  12. ^ "Let dispensed priests play active parish role, Vatican urges bishops". Catholic Herald. September 29, 2011. Retrieved 2019.
  13. ^ "Archived copy". Archived from the original on 2009-10-04. Retrieved . Cite uses deprecated parameter |dead-url= (help)CS1 maint: archived copy as title (link)
  14. ^ Press, Associated (January 17, 2014). "Pope Benedict XVI defrocked nearly 400 priests for child abuse". Retrieved 2019 – via www.theguardian.com.
  15. ^ "Anatomy of a now-you-see-it, now-you-don't Vatican denial". National Catholic Reporter. January 18, 2014. Retrieved 2019.
  16. ^ "Code of Canon Law - IntraText". www.vatican.va. Retrieved 2019.
  17. ^ "Vatican laicizes bishop who was elected president.(WORLD BRIEFS)(Fernando Lugo)(Brief article) - National Catholic Reporter | HighBeam Research". web.archive.org. November 2, 2012. Retrieved 2019.
  18. ^ "Paraguay's president, ex-bishop, granted lay status". Catholic World News. Nokesville, Virginia: Trinity Communications. 2008-07-30. Archived from the original on 2012-05-25. Retrieved . Cite uses deprecated parameter |dead-url= (help)
  19. ^ "Pope Francis laicizes convicted Chilean abuser". Catholic News Agency. Retrieved 2019.
  20. ^ "MSN | Outlook, Office, Skype, Bing, Breaking News, and Latest Videos". www.msn.com. Retrieved 2019.
  21. ^ "Canadian Conference of Catholic Bishops - CCCB Statement on Raymond Lahey". www.cccb.ca. Retrieved 2019.
  22. ^ "Archived copy". Archived from the original on 2015-01-09. Retrieved . Cite uses deprecated parameter |dead-url= (help)CS1 maint: archived copy as title (link)
  23. ^ Payne, Ed; Messia, Hada (2015-08-28), Greene, Richard, "Vatican official accused of child porn, pedophilia dies", Cable News Network, Turner Broadcasting Systems, retrieved
  24. ^ https://www.washingtonpost.com/world/europe/ex-cardinal-mccarrick-defrocked-by-vatican-for-sexual-abuse/2019/02/16/0aa365d4-2e2c-11e9-8ad3-9a5b113ecd3c_story.html
  25. ^ D'Emilio, Frances; Winfield, Nicole (2019-02-16), "Vatican defrocks former US cardinal McCarrick over sex abuse", KCRG, retrieved
  26. ^ https://translate.google.com/translate?hl=en&sl=la&u=https://zenit.org/articles/pope-issues-motu-proprio-communis-vita-to-limit-priestly-absence-from-communities/&prev=search
  27. ^ a b https://cruxnow.com/vatican/2019/03/26/pope-amends-canon-law-on-religious-who-abandon-their-community/

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