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. 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!

Is Bishop Howard Hubbard Cooperating In Evil

Formal cooperation in another’s evil act (that is, undertaking to help expressly another to perform an act known to be evil) is itself evil. Davis, Moral and Pastoral Theology (1938), I: 341-342. There are no exceptions to this rule; no supervening circumstances can ever render formal cooperation in evil good.

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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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