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Alex Anonymous
wrote:
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Ladies and gentlemen,
My name is Alex. I am twenty years
old and from Germany. I have a pair of questions
for you.
I would be very grateful if you could
answer them or help me find some answers.
- If a person mentions in Confession that
he uses contraception, does canon law set
a certain coercive punishment (e.g. interdict)
to make him give up this practice?
- If it does, who is authorized to assess the punishment,
only a bishop, or inferior clerics as well?
- If it does not, what actions is the respective Confessor
allowed to take to make the penitent give
up contraception?
These questions do not touch my own private
life, as I am not married yet.
I ask them for research I am doing, therefore,
it would be especially kind of you if you
could tell me your sources.
Thank you very much in advance and God bless
you.
Yours respectfully,
Alex
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{
If a person mentions in Confession that
he uses contraception, does canon law set
a punishment? }
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Eric
replied:
Hi Alex,
Thanks for your question.
You said:
I am twenty years
old and from Germany. I have a pair of questions
for you.
I would be very grateful if you could
answer them or help me find some answers.
- If a person mentions in Confession that
he uses contraception, does canon law set
a certain coercive punishment (e.g. interdict)
to make him give up this practice?
- If it does, who is authorized to assess the punishment,
only a bishop, or inferior clerics as well?
- If it does not, what actions is the respective Confessor
allowed to take to make the penitent give
up contraception?
While we are not canon lawyers,
I can almost guarantee you that
there is no canon that permits
an interdict for those who contracept.
Moreover, a priest cannot impose
an interdict, only a bishop can.
That being said, technically,
if someone maintained that contraception
was morally licit, they would
technically be automatically excommunicated
for heresy, but:
- first of all, practically
speaking, it would have to
be a public matter, not a private
one;
- second of all, it would have
to be contumacious, meaning willfully
and obstinately disobedient.
A Confessor cannot make a penitent
give up contraception, pure and
simple.
- He can inform the penitent
that it is wrong and what the
consequences are
- he can attempt to persuade
the penitent
- he can say that disbelief
in the Church's teaching incurs
automatic excommunication
- but he can't force him to give
it up.
You said:
These questions do not touch my own private
life, as I am not married yet.
I ask them for research I am doing, therefore,
it would be especially kind of you if you
could tell me your sources.
Producing sources is difficult.
The only way to prove that there
is no canon, that permits an interdict
for those who contracept, is to
read all of canon law or at least
enough of it to be fairly certain
it isn't in there. You are welcome
to start
here.
I suggest searching for interdict or
variants thereof from the Code
of Canon Law on the Vatican web
site here:
The part about heresy can be found in Canons
751 and 1363. What a Confessor
can and cannot do, again, is somewhat
proving a negative, and somewhat
based on information that isn't
public or is a matter of oral
tradition or best practices.
Hope this helps,
Eric
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Alex replied:
Dear Mr. Ewanco,
Thank you very much, especially for
the very fast answer. If there is
nothing about it in Canon law, then
I do not need any sources. I appreciate your help.
If
I can ask one more little question,
it would be appreciated:
A female Catholic neighbor of my
grandmother's, whether it was in
Confession or outside of Confession, stated that
she and her husband practiced contraception
and that they would go on with it.
The priest of her congregation then
excluded her from receiving Holy Communion.
This is the reason why I did research
on this topic in the first place.
- If I understand your previous answer, you would say that this priest
had no legitimate
reason for his course of
action. <Correct?>
Thank you in advance (again).
God bless you.
Alex
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Eric
replied:
Hi Alex,
You said:
If
I can ask one more little question,
it would be appreciated:
A female Catholic neighbor of my
grandmother's, whether it was in
Confession or outside of Confession, stated that
she and her husband practiced contraception
and that they would go on with it.
The priest of her congregation then
excluded her from receiving Holy Communion.
This is the reason why I did research
on this topic in the first place.
- If I understand your previous answer, you would say that this priest
had no legitimate
reason for his course of
action. <Correct?>
Well, I suppose I neglected to
address the big picture.
Contraception, per se, cannot
be punished by formal interdict
or excommunication however you
can deny someone Communion for
it under Canon 915:
"Those who are excommunicated
or interdicted after the imposition
or declaration of the penalty
and others who obstinately
persist in manifest grave sin
are not to be admitted to Holy
Communion."
So if someone is openly and obstinately
contracepting, they are not to
be admitted to Communion, but
this is not the same as an interdict
or excommunication, so the priest
was within his rights in what
he did.
Nevertheless, he had better be sure
the sin is manifest and obstinate.
You said:
Thank you in advance (again).
No problem. Come back if you have
any other questions.
Eric
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Mary
Ann and John supplied a team reply:
We just wanted to add to our colleague
Eric's answer.
Eric said:
A Confessor cannot make a penitent
give up contraception, pure and
simple.
- He can inform the penitent
that it is wrong and what the
consequences are
- he can attempt to persuade
the penitent
- he can say that disbelief
in the Church's teaching incurs
automatic excommunication
- but he can't force him to give
it up.
Confession implies firm purpose of
amendment. The Confessor, as a judge,
must ascertain that firm purpose
of amendment on the part of the penitent.
If the penitent has no intention
of ceasing to contracept, and makes
that clear to the Confessor, then
the Confessor must withhold absolution,
or at least advise the penitent that
forgiveness is contingent upon the
desire to change, however, if the
penitent is struggling with the issue,
the Confessor may absolve and advise
the penitent to keep trying and to
seek light and strength in prayer.
So Alex's question doesn't really
revolve around Canon Law but rather
sacramental theology.
Mary Ann and John
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Mary
Ann followed-up later:
Alex,
I just wanted to add one more comment
to my team comment with John.
A person in a state of serious sin
may not receive Communion. That may
be why the priest withheld Communion, however, not being able to go to Communion
is not the same as being excommunicated.
Your neighbor's priest has
a special case — she not
only confessed contraception, she
said that she intended to keep contracepting.
Even if he knows that she is practicing
contraception, he still must give
her Communion if she presents herself
for Communion, because he does not
know if she has repented [and/or] gone
to another Confessor.
That said, since she has told him that
she has no intention of ceasing to
contracept, he must ask her not to
present herself for Communion until
she converts. If she presents herself
for Communion, he is not obligated
to withhold Communion if withholding
the Eucharist would give grave scandal to others
or telegraph to others the state
of her soul. He must also publicly
catechize his congregation on the
issue.
If she has made it
public knowledge that she is contracepting
and had no intention to cease, that
is when he should deny her Communion.
It's probably worth re-directing
our readers to the Guidelines for the Reception of Holy Communion for the sake of catechesis.
In Alex's original question, he
is not asking whether they can approach
Holy Communion, the question is whether
a minister can deny them Holy Communion.
Mary Ann
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Fr. Jonathan who has a background in Canon law replied:
Hi, Alex —
The answer the team has given you is well done should give you a good understanding of the issue. There is one paragraph that is not strong enough:
Mary Ann said:
That said, since she has told him that she has no intention of ceasing to contracept, he must ask her not to present herself for Communion until she converts. If she presents herself for Communion, he is not obligated to withhold Communion if withholding the Eucharist would give grave scandal to others or telegraph to others the state of her soul. He must also publicly catechize his congregation on the issue.
The priest outside of the Confessional has no idea what the person told him inside of the Confessional.
Say for example the priest during the Confession counseled the woman not to present herself for Holy Communion. Then 10 minutes later the woman wanted a clarification with the priest in the sacristy before Mass. The priest not only cannot clarify, he cannot even indicate that he knows what she is talking about. If she came to Holy Communion he not only would give the Eucharist to her, but he should not even question it publicly.
The Confessional is completely separate from what she does later on. In fact, I the next Confession, she would have to repeat the old conversation rather than her just assuming he remembers. Confession cannot be compared to Spiritual direction or counseling.
I don't think this absolute chasm between the Confessional and what happens after the Confessional is expressed in the paragraph I referred to in Mary Ann's final reply.
Hope this helps,
Fr. Jonathan
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