Canon Law

Canon 216: Who Are You Calling Catholic?

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49 And John, answering, said: Master, we saw a certain man casting out devils in thy name, and we forbade him, because he followeth not with us.

50 And Jesus said to him: Forbid him not; for he that is not against you, is for you.

Luke 9:49-50

On December 15, 2011, the Archdiocese of Detroit stated that Real Catholic TV could not use the term “Catholic”.

In a Dec. 15, 2011 statement addressing the organization’s name, the archdiocese clarified that the Church encourages its members “to promote or sustain a variety of apostolic undertakings,” but forbids them “from claiming the name Catholic without the consent of the competent ecclesiastical authority.”   The archdiocese added that it has been communicating with Voris as well as his media partner at Real Catholic TV on the issue for “some time.”

Last month’s announcement also referenced Canon 216 of the Roman Catholic Church’s current Code of Canon Law, which holds that “no undertaking is to claim the name ‘Catholic’” without authorization.   According to the archdiocese, Real Catholic TV’s programming is “disseminated from the enterprise’s production facility in Ferndale, Michigan,” within the jurisdiction of Detroit’s Archbishop Allen H. Vigneron.   But Voris maintains that Archbishop Vigneron is not the “competent ecclesiastical authority” over Real Catholic TV, which is owned by Indiana resident Marc Brammer.   “I don’t have ownership over the name of the organization. It’s not my organization. The headquarters are outside of the diocese,” Voris told LifeSiteNews in a Dec. 23 article. “It’s the wrong person, and the wrong outfit asking the wrong person the wrong question.”

Go here to read the rest at LifeSiteNews.  As for Real Catholic TV, I have no great feeling one way or another.  I have watched very little of it, but what I have seen I have not found very impressive.  The heart of Mr. Voris appears to be in the right place, but his head often doesn’t seem to be fully engaged.  Having said that, considering all the faith destroying drek that I have seen promoted under the name “Catholic” in this country over the past four decades, I find it amusing, although completely unsurprising,  that it was the traditionalist Real Catholic TV that was chosen for this rare application of Canon 216. →']);" class="more-link">Continue reading

Parish Shopping

As my wife and I are expecting in November, we’ve started to consider where we’re going to baptize the baby. Most churches that we’ve seen want you to be a parishioner before they baptize you. This has brought up the question of what parish we really belong to. We’ve found that that’s not an easy question.

Over the weekend, Tito had a post that inquired about the existence of good parishes in Las Vegas for his family. Some of the things he looks for are an orthodox priest faithful to the Magisterium, a beautiful Church, and a liturgy that aspires to beauty and lacks some of the folksy elements of post-Vatican II as well as the more scandalous aspects of the “spirit of Vatican II” like liturgical dancers.

None of those desires are unreasonable. In fact, those things are the rights of the faithful.

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Nuns, Habits, and Disobedience

I was reading Father Peter M.J. StravinskasThe Catholic Answer Book a few weeks ago and on page 173 I was surprised to read that all religious are required to wear their religious garb as a symbol of their vow of poverty.

I looked up and found in Canon Law that Father Stravinskas is absolutely and clearly correct on this:

Canon 669 §1 As a sign of their consecration and as a witness to poverty, religious are to wear the habit of their institute, determined in accordance with the institute’s own law.

§2 Religious of a clerical institute who do not have a special habit are to wear clerical dress, in accordance with canon 284.

In fact the Holy See, specifically the Sacred Congregation for Religious, routinely reject religious constitutions that do not have this requirement.

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SCOTUS: 6 Catholics, 3 Jews, Law, Scholasticism and Tradition

I read a comment[1] a few weeks ago on GetReligion.org attempting to explain why John Paul Stevens was the last Protestant in the U.S. Supreme Court which simply said that Catholics and Jews have a tradition of being immersed in law (Canon Law and Halakha respectively for Catholics and Jews as an example).

This struck me as interesting because at first glance it kind of makes sense.

Of course there is much more to why the current make-up of the U.S. Supreme Court, 6 Catholics, 2 Jews, and an Episcopalian, is as it is.[2]

But I thought it was an interesting enough topic to dive into.

Lisa Wangsness of the Boston Globe chimes in with her two cents worth [emphases mine]:

Evangelical Protestants have been slow to embrace, or to feel welcomed by, the elite law schools like Harvard and Yale that have become a veritable requirement for Supreme Court nominees. One reason for this, some scholars say, is because of an anti-intellectual strain within evangelicalism.

As Ronald Reagan would say, there you go again, pushing the liberal theory that Christians are stupid (at least Evangelical Protestants).

Lets get beyond these stereotypes done by liberals to Christians.

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Can Catholics Abstain From ObamaCare

I came across this American Thinker article on the exclusion of Amish and Muslims from ObamaCare:

The Senate health care bill just signed contains some exemptions to the “pay-or-play” mandate requiring purchase of Obamacare-approved health insurance or payment of a penalty fine. As Fox News has pointed out, for instance, the Amish are excused from the mandate:

So while most Americans would be required to sign up with insurance companies or government insurance plans, the church would serve as something of an informal insurance plan for the Amish.

Law experts say that kind of exemption withstands scrutiny.

“Here the statute is going to say that people who are conscientiously opposed to paying for health insurance don’t have to do it where the conscientious objection arises from religion,” said Mark Tushnet a Harvard law professor. “And that’s perfectly constitutional.”

Apparently, this exemption will apply similarly to believers in Islam, which considers health insurance – and, for that matter, any form of risk insurance – to be haraam (forbidden).

Steve Gilbert of Sweetness & Light calls our attention to the probability that Muslims will also be expempt. According to a March 23 publication on an authoritative Islamic Web site managed by Sheikh Muhammed Salih Al-Munajjid, various fatwas (religious decrees) absolutely forbid Muslim participation in any sort of health care or other risk insurance:

Health insurance is haraam like other types of commercial insurance, because it is based on ambiguity, gambling and riba (usury). This is what is stated in fatwas by the senior scholars.

In Fataawa al-Lajnah al-Daa’imah (15/277) there is a quotation of a statement of the Council of Senior Scholars concerning the prohibition on insurance and why it is haraam:

It says in Fataawa al-Lajnah al-Daa’imah (15/251):

Firstly: Commercial insurance of all types is haraam because it involves ambiguity, riba, uncertainty, gambling and consuming people’s wealth unlawfully, and other shar’i

Secondly: It is not permissible for the Muslim to get involved with insurance companies by working in administration or otherwise, because working in them comes under the heading of cooperating in sin and transgression, and Allaah forbids that as He says: “but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment”

[al-Maa'idah 5:2]. End quote.

reservations.
And Allaah knows best.

So, it turns out that observant Muslims are not only strictly forbidden from buying any health insurance under the ObamaCare mandate, but may also not even work for any company that provides such insurance or any other form of commercial insurance.

(…)

Being an observant Catholic I don’t have to participate because it goes against my faith to kill unborn innocent children?

The 5th, 7th, and 10th Commandments and the Catechism of the Catholic Church (CCC) forbids me from participating.

5th Commandment & CCC 2268-2269: You shall not kill. (ObamaCare kills unborn babies)[1]

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A Solemnity on a Lenten Friday

Today, March 19, 2010, is the Solemnity of Saint Joseph, husband of the Blessed Virgin Mary; it is also a Friday during the season of Lent. According to Canon Law 1251, the obligation to abstain from meat is lifted, therefore it is permissible to eat meat today or voluntarily observe Lenten abstinence on Fridays.

Have a blessed Feast of Saint Joseph!

Anglicans And Catholics To Reunite, Reaction And News Roundup

St. Thomas More

I will be updating this post as often as I can throughout the day [Last update at 10:01pm CDT].  I’ll be reporting on reactions and news concerning this groundbreaking development that came from the Vatican this morning.  The Vatican issued a note explaining a new provision in an upcoming Apostolic Constitution that will allow for a structure to be in place to receive Anglicans and Episcopalians into the Catholic Church.  Basically a corporate reunion!

To read the full text of this announcement from the Vatican click here.

To read the full text of the joint press release of the Archbishop of Westminster, Vincent Gerard Nichols, and the Archbishop of Canterbury, Rowan Williams, click here.

Reaction and news from around the world [all emphasis mine]:

Last Update of the day at 10:01pm CDT (Earlier updates further down this post)

Ruth Gledhill of the Times of London.  Offers a brief history of what transpired the last couple of years between Anglo-Catholics, and those inside the Vatican, both faithful and dissident Catholics.

Rome has parked its tanks on the Archbishop of Canterbury’s lawn [Interesting choice of words, but nonetheless accurate in my opinion] after manoeuvres undertaken by up to fifty bishops and begun two years ago by an Australian archbishop, John Hepworth [The leader of the Traditional Anglican Communion].”

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Day 2: Reaction To The Passing Away Of Ted Kennedy Around The Catholic World

Ted Kennedy young

Day II of what Catholics are saying on the passing away of Edward Moore Kennedy around the web (will be continuously updated until tonight at 7:00 pm CST):

A Catholic Funeral for Ted Kennedy by Dr. Edward Peters of Canon Law

A Catholic Funeral for Ted? It’s a Lie, a Sham, a Scandal, a Pretense, an Insult to faithful Catholics by Robert Kumpel of St. John’s Valdosta Blog

Dissident Catholic America magazine doesn’t want to talk about Ted Kennedy’s stance on abortion and trashes Patrick Madrid by Father John Zuhlsdorf of What Does The Prayer Really Say?

Who can have a Catholic Funeral & more by Elizabeth Scalia of The Anchoress via First Thoughts

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Notre Dame Must Answer For The Obama Scandal

Obama Notre Dame

[Updated as of 8-26-2009 AD at 6:01 pm CST, see below]

Bishop D’Arcy pens an article in the dissident Catholic Jesuit-run magazine, America, by rapping the University of Notre Dame in it’s failure in being a witness to the Gospel by honoring the most anti-life president in the history of the United States.

He goes on to single out Father John Jenkins for his failure in leading as a man of faith and to the board of trustees for their deafening silence.

Finally he asks the University of Notre Dame, but also other Catholic universities, whether they will follow the Land O’Lakes Statement, which proclaimed in ambiguous language that it was ‘ok’ to dissent from Catholic teaching, or adhere to Ex Corde Ecclesiae, where Catholic teaching and identity must be a priori.

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Res & Explicatio for A.D. 5-8-2009

Salvete AC readers!

Here are today’s Top Picks in the Catholic world:

1.  Archbishop Donald Wuerl of Washington, DC made some extraordinary claims of how to manage dissenting Catholics such as Nancy Pelosi.  His Excellency believes that Canon 915 does not apply in advancing the salvific mission of the Church which is basically a losing argument because there are no exemptions for Nancy Pelosi in regards to Canon 915.  Archbishop Wuerl is mistaken if he can escape from his episcopal duty to apply Canon 915 to the pro-abortion representative from California.

Dr. Ed Peters responds to Archbishop Wuerls misapplication of Canon 915 here.

To learn what Canon 915 is click here.

2.  Bishop Robert Morlino of the Diocese of Madison continues with his house cleaning of heterodoxy in his diocese.  It was reported earlier this week that dissident ‘Catholic’ Ruth Kolpack was removed from her position of pastoral associate at St. Thomas the Apostle Church.  In addition:

“Kolpack will be barred from all leadership roles in the parish, paid or volunteer.”

The diocese has not said explicitly why she was fired but strongly suggested that it may have had something to do with her opposition to church doctrine in her capacity as a Catholic teacher.  The tide is continueing to turn as more American bishops evanglize boldly as St. Paul and act strongly as St. AmbroseDeo gratias!

For the story click here.

3.  There is more than meets the eye from the Vatican’s L’Osservatore Romano newspaper that showed an article giving a glowing review of President Obama’s presidency thus far.  Apparently anything labeled from “The Vatican” carries magisterial weight, especially if it’s contra the Church’s position.  Let’s get something straight first, a janitor walking out of St. Peter’s Basilica can give an interview and that can be called news from “The Vatican”.  Second, there were glaring mistakes in said article and it was plainly obvious that Giuseppe Fiorentino, who wrote the article, did not know what he was talking about concerning embryo destruction and abortion.  Mr. Fiorentino has fallen under President Obama’s rhetorical spell, just as many dissenting Catholics have, of falling for style over substance.

Austin Ruse of The Catholic Thing breaks it all down for you here.

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The Giggle Test

obama-and-valentine2jenkins

In my “real life”, for my sins no doubt, I am an attorney.  Before I raise an argument in court before a judge or a jury, I always make sure it can pass the giggle test.  It has two components:  1.  Can I make the argument with a straight face;  and 2.  do I think a judge or a jury can hear the argument without giggling.  The giggle test has saved me a lot of embarrassment over the years in court.

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Res & Explicatio for A.D. 3-6-2009

Salvete AC readers!

Here are today’s Top Picks in the Catholic world:

1. Unlike many bishops in America, Coadjutor Archbishop Dennis Schnurr of  the Archdiocese of Cincinnati prayed the Rosary with other protesters outside an abortion mill on Wednesday, March 4.  Archbishop Schnurr will replace Archbishop Daniel Pilarczyk upon his retirement.  Among the protesters came this comment referring to Archbishop Schnurr’s presence:

“It’s tremendous,” Ferraro said of Schnurr’s presence. “He’s the head of the flock. It certainly affirms (the church leadership’s) commitment.”

For the link click on Archbishop Schnurr’s name above or here.

Updated: Archbishop Pilarczk actively leads Rosary prayer vigils in front of abortion mills as well!

2. Doctors who performed and directly assisted in the abortion of twins to a nine year old rape/incest victim have been declared excommunicated by Archbishop Jose Sobrinho of the Archdiocese of Olinda e Recife in Brazil.  The nine year old girl was not excommunicated for many reasons, most likely due to her age.  Where are these bishops in America?  Probably hiding behind the USCCB Faithful Citizenship document thus failing to lead their flocks.

Dr. Ed Peters volunteered his sentiments on this case, “as for the perpetrator of the rape, there isn’t a mine shaft deep enough on this earth for him.”

For the link click on excommunicated above or here.

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Canonical Options For Dealing With FOCA

With President-elect Obama assembling together the most anti-life and anti-family radicals imaginable for his upcoming administration.  In addition to ignoring the U.S. Conference of Catholic Bishops (USCCB) statement* (November 12, 2008 AD) to reconsider not signing the misnomered Freedom of Choice Act (FOCA).  Along with other abortion related executive, judicial, and legislative acts, the options to combat this evil are becoming fewer for American Catholics.

With American Catholics being left to their faith for sustenance, our shepherds, the Catholic Bishops (USCCB), may need to review their canonical options for dealing with Catholic legislative support for FOCA.  The USCCB will have to engage the issue of well known “Catholic legislators supporting a specifically and gravely evil bill” as Dr. Edward Peters, a well respected canon lawyer, stated today on his blog.  Dr. Edward Peters sees four (4) canonical options in “dealing with these Catholic legislators who support FOCA” (emphasis mine):

1. Canon 915. Make plain, by public announcement and/or private contact, that a legislator’s support for FOCA qualifies as (probably formal, but certainly proximate material) cooperation with objective grave evil and that such conduct, in this case, would render one ineligible for reception of holy Communion under Canon 915.

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Kmiec on Korzen, Kelly and Chaput – A Matter of Priorities

“Catholic Answers: Two books for voters who take their faith seriously”- Doug Kmiec, who has lately become something of a poster-boy and spokesman for ‘Catholics for Obama’, reviews Archbishop Chaput’s Render unto Caesar: Serving the Nation by Living Our Catholic Beliefs in Political Life (Doubleday, 2008) and A Nation for All How the Catholic Vision of the Common Good Can Save America from the Politics of Division , by Chris Korzen and Alexia Kelley.

As to be expected, Kmiec finds a sympathetic ear in Korzen & Kelley, given their assertion that Catholics have become ‘preoccupied’ with abortion to the subordination of peace, the environment and welfare:

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