No sanction for Spanish king signing abortion law

Feb. 26, 2010

MADRID, Spain -- If King Juan Carlos of Spain signs a new law easing restrictions on abortion, as he is constitutionally required, the country's bishops will not take action against him, the general secretary of the Spanish bishops' conference said.

As the law was being debated, Spain's bishops had said Catholic members of parliament who vote to liberalize abortion would place themselves outside the church and should not receive Communion.

"That his majesty the king must sanction this law with his signature is a unique situation. No other citizen would encounter this," and so "general principles" cannot be applied, said Auxiliary Bishop Juan Antonio Martinez Camino of Madrid, conference general secretary.

Bishop Martinez spoke to the press at the end of a meeting of the permanent commission of the bishops' conference Feb. 25, which also was the day after Spain's Parliament narrowly approved a law easing longstanding restrictions on abortion.

In a vote of 132-126, members of Parliament passed the law removing all restrictions on abortion up to the 14th week of pregnancy and extending legal abortion to 22 weeks of gestation if the life of the mother is at risk or if the fetus shows signs of serious malformations.

Asked repeatedly about church sanctions against the king and against Catholic members of Parliament who voted for the law, Bishop Martinez said the bishops "have excommunicated no one," but those who actively supported the law have seriously separated themselves from the church and should not receive Communion.

The situation of a politician who can vote and the king who must sign the law "are different considerations," he said.

Pro-life Catholics have begun an Internet-based petition drive to convince King Juan Carlos not to sign the law.

"Please, Your Majesty, do not sanction this new holocaust with your signature," the petition said. "Without your signature the law will not go into effect. In this way, the pain and suffering of thousands of women will be avoided and, more importantly, an infinite number of defenseless lives will be saved."

By noon Feb. 26, the Internet site reported receiving almost 57,700 signatures.

The late King Baudouin of Belgium faced a similar dilemma in 1990 when his nation's Parliament passed a bill liberalizing abortion.

Saying his conscience and Catholic faith would not allow him to sign the bill, he worked out an agreement with parliament allowing him to resign for less than 48 hours. During his temporary abdication, the country's council of ministers assumed the king's powers and signed the bill. Parliament then reinstated the king.

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Ending their spring meeting Feb. 25, members of the permanent commission of the Spanish bishops' conference said Spain's new law takes "attacks on the life of those about to be born, converting them into a right."

The new law marks "a serious step back in the protection of the right to life" and an abandonment of pregnant women who need assistance and support in bringing their pregnancies to term, the bishops said.

The statement also said the bishops wanted to remind "women tempted to abort or who have already experienced this tragedy that they always will find mercy and comfort in the Catholic community. As a mother, the church understands their problems and will not leave them on their own."

Should the Spanish king

Should the Spanish king imitate the Belgian monarch and resign temporarily while Parliament signs the law in in his place?
Should legislators tell the bishops to stop meddling in their politics and shove their host where the sun never shines?
Should they separate themselves from the bishops and strip them of their income tax exemption?
Should they not remind them that "women tempted to abort or who have already aborted will NEVER find mercy and comfort in the Catholic community. As a repressive institution, the church does not understand their problems and will not cease to demean and discriminate against them.

Oh shut up.

Oh shut up.

I know you are trying to make

I know you are trying to make your point, but let's not blaspheme the Eucharist.

No one, no matter their rank

No one, no matter their rank in the hierarchy, really has the authority to excommunicate a believer and follower of Christ from His Church. I wouldn't worry too much if a Bishop excommunicated me because I know that a very large segment of the Catholic hierarchy have participated in criminal behavior by the way they mishandled the sexual abuse of children. They lost their authority over The People of God and our first allegiance is to Christ and not the corrupt and decaying imperial hierarchy who do not act like His disciples. Refusing Catholics the right to come to Christ's table is not a right the bishops should have and in my opinion they really do not have. They can not use the Eucharist as a political tool. This is wrong and this is never acceptable. Christ would never say "get away from my table."

So when will you be setting

So when will you be setting up your own neo-Donatist community?

Its not being used as a political tool. St. Paul says that the Eucharist should only be recieved when you are not in a state of sin. A politician supporting murder is in a state of mortal sin. Chris, your misinterpretting why the Eucharist is being witheld. Have you ever read the story of St. Ambrose of Milan and the emperor Theodosius?

"A politician supporting

"A politician supporting murder is in a state of mortal sin."
So why aren't Catholic Republicans excommunicated for defending the death penalty and promoting America's wars? Do they support foetus rights to have more people to oppress and send to the front to get killed?

Don't forget the Pope had his own army and waged his own wars, modestly called crusades ... According to his own dogmas, he is the first one who should be excommunicated and refused communion!!!

This is illogical. First,

This is illogical. First, while the death penalty is greatly frowned upon, the Church does not consider it a "dead" issue to the same degree as abortion. An abortion is always the extermination of an innocent human life. With regard to death penalty, there arises the question 1.) Given our free will, can one forfeit his right to life by a grievous crime against life (such as murder)? and 2.) If an individual is a gross danger to society, is it permissible to execute him, to prevent him from perpetrating more grievous crimes against life? I'm not giving my opinion, I'm just saying that capital punishment is still debatable in a way abortion is not. Second, the mistakes of the past should never cripple us in the present. That is akin to saying: 'The Church made mistakes in the past with the crusades, so to follow precedent, we should continue making more mistakes.' That is illogical. We should try to make LESS mistakes as we learn from old ones. Also, even if supporting capital punishment IS a mortal sin, would that make support for abortion LESS of a mortal sin? To say so would seem illogical, and therefore any comparison between abortion and capital punishment, the crusades, etc. is moot and alien to the objective value of canonical censures for those who would allow the killing of human beings in a fetal stage of development. Finally, it is a logical fallacy to base the one's evaluation of the validity of an argument on who is making the argument. If St. Francis said, "stealing is wrong," it would be just as valid a statement if a thief said it. The reason for stealing being wrong lies in an objective quality about stealing, not the moral wisdom of the person saying it.

I don't expect you to respond

I don't expect you to respond to it but here it goes:

1) death penalty and war are not intrinsic evils. They can be justified in certain circumstances.

2) Pope John Paul II spoke against the Iraq wars.

3) No, I don't want more babies to be born so we can oppress more people and have more people fight and die. Are you actually serious or is being nasty in your comments a habit for you?

4) Pope Benedict XVI has an army of crusaders?! Where?!

In all seriousness, let us not get into a crusade debate we are talking about abortion and the importance of defending life. You, on the other hand, are just wasting time and not addressing anything I have said. I'm not trying to be rude but in all seriousness your post simply made alot of assumptions.

I agree Chris. I find myself

I agree Chris. I find myself wondering from time to time how would Christ react were He to walk this earth again and observe what our Church's hierarchy has done since say 100 AD. I therefore have to remind myself constantly of my father's counsel: distinguish the message from the messengers. So, I do believe it is the personal responsibility of each of us Catholics to practice our Faith...walk the walk if you will.... Mine, yours, his, theirs. Neither the Bishops or the King are walking the walk, they because they have crafted a political exception to our Faith, he because he will not resign but instead enact byh his signature the law legalizing abortions. Agreed?

take care

B16 loses another. No one

B16 loses another. No one takes seriously someone who dresses and thinks they are living in the 14th century. He fiddles while the Church burns around him.

"He fiddles while the Church

"He fiddles while the Church burns around him."

Dr. Dale, did you not mean, instead, to write, "B16 plays his classical piano while the Church burns around him"?

Get out of here you utter

Get out of here you utter timewaster.

Nice job spouting alot of lies. I read your post and thought to myself "what does it say about this guy's mentality when he thinks its great that the Catholic Church's efforts to defend life in Spain are failing?"

The reason I refered to you as an utter time waster is because you addressed NOTHING. You just posted a sneer.
1) Medieval popes typically dressed in red and not pure white.
2) it is the Church's duty to defend life.
3) since you honestly believe that Pope Benedict thinks he is living in the 14th century you have shown you have not read a thing he has written.
4) you didn't address the article at all.

Do you honestly think you would come here and not get called out for posting a rude message like this? I'm not trying to be rude but why the anger? Do you really believe our pope is a power hungry man? I know people who have spoken to the pope, before he became the pope. He is not the man you think he is. Anger can be destructive to the soul, Dr. Dale. I'm not trying to be condescending because, as you have seen, I can be rather angry as well. I'm just asking that you please don't judge our pope in suhc a harse manner.

Whether a legal abortion ban

Whether a legal abortion ban actually defends life, or simply has abortions performed in France now performed in Spain, is a matter for research. Before one can judge whether the Spanish Parliment acted wrongly, one must first determine whether abortions will in fact increase because of the change in law. This is a policy question, not a moral one, and the bishops of the Catholic Church have shown, time and again, their ineptitude in this area.

As long as the king does not

As long as the king does not speak at any cathlic university, it shouldn't be an issue. ;)

Perhaps Juan Carlos should show some backbone and make an 'old school' power play. Use it as an opportunity to dissolve parliament and declare himself an absolute monarch. I wonder when the last time he read Machiavelli was?

"Bishop Martinez said the

"Bishop Martinez said the bishops "have excommunicated no one," but those who actively supported the law have seriously separated themselves from the church and should not receive Communion."

Oh my, and all these years I beleived that anyone who is separated from the church and cannot receive communion was excommunicated. I wonder where I got that idea?

No more do bishops

No more do bishops excommunicate anyone after a proper canonical trial. Instead, bishops simply declare to the press that people have excommunicated themselves and therefore should not receive Communion. It is a cop-out for the bishops and, by and large, is ignored by the alleged miscreant and everyone else. It has become a joke like most episcopal pronouncements.

good morning, And yet we

good morning,

And yet we wonder why the vast difference between Catholic theololy and reality, why overtime it has led to disillusionment among the laity, and an ever greater number of Catholics leaving the Church!

take care

King Edward [Duke of York]

King Edward [Duke of York] abdicated a far bigger kingdom to keep a promise he made to his girlfriend. Bishops ....call your Anglican friends for advice .. some are now swimming in the Tiber.

Sorry... Edward was Duke of

Sorry... Edward was Duke of Windsor.... he was a flake but with more courage than the entire Catholic Spanish epicopacy.

Moral casuistry to an absurd

Moral casuistry to an absurd extreme.

"The devil made me do it, i.e., sign the act into law."

If the good king really opposes abortion, he should refuse to sign the legislation and allow the parliament to deal with his refusal.

Boy-o-boy, the extent to which Catholic bishops will go to protect their cozy relationships with earthly sovereigns!

This 21st-century king should take his example from the Lord, the King of kings.

No wonder our Catholic hierarchs continue to lose moral credibility.

Actually, the King of Kings

Actually, the King of Kings said that the Law would not pass away. The Old Law included abortion through ingestion of herbs if a wife was found to have committed adultery - meaning she was pregnant even though she was not having sex with her husband. The only case we have to rely on is of the woman who had been caught in adultery. Jesus said nothing of the rights of the child, nor the fate of the woman. He simply required that those who would stone the woman be sinless.

A clarification with regard

A clarification with regard to the Belgian king Baudouin: when he stepped down on April 3, 1990, he was not sure that he would be reinstated after a couple of days, meaning that he was ready to risk his throne. I think he was a good example of what it means to follow a well in/formed conscience, including the respect for those who did not share his own position.
The Belgian legislation on abortion is particular in the sense that it does not give any content to the 'state of emergency' of the pregnant woman: the statement of the woman that she is in a state of emergency and therefore requests an abortion is itself the state of emergency required by the law - very individualistic. This a very different from the German law which contains through the 'Schwangerschaftskonfliktberatung' (counseling with regard to a pregnancy experienced as a conflict) a relational approach. The system suffered from the official Catholic Church pulling out of these counselings at the end of the century, because it was labelled as cooperation in evil. Luckely, most of the valuable work was taken over by Catholic laity under the name Donum vitae (http://www.donumvitae.org/).

Jan Jans (a Belgian citizen)

His Majesty, King Juan

His Majesty, King Juan Carlos, is in a unique constitutional situation, one in which Presidents of the United States would never find themselves. Constitutionally, his signature is required on the law, His Majesty does not have the constitutional authority to refuse to sign, as a President does. Thus, it is a situation that is closely similar to those of Her Majesty, Queen Elizabeth II of England, and His Majesty, the King of Belgium.

If His Majesty could work out a similar compromise as the late King Baudouin of Belgium (in which the King, citing a legal impediment, abdicated the Throne of the Belgians for a period of twenty-four hours, during which time a Council of State, acting in the authority of the King, give the law constitutional recognition; twenty-four hours later, the King stated that the impediment was ended and he resumed the Throne), that would be wonderful (assuming such a mechanism exists in the Spanish Constitution). If not, HIs Majesty is required to sign the law.

However, as Robert Blackburn pointed out in his excellent work, "King and Country: The Politics of the Monarchy in Britain Today", the signature of the King should not be considered an approval of the bill itself (as it is in democracies such as France and the United States). Rather, since the bill presented to him will have gone through the proper channels and procedures in the Spanish Parliament and as such is assumed to be law (even though, technically it remains for the King to sign it), His Majesty's signature should be seen, not as granting approval of the bill, but rather of certifying that the process has been completed.

Thus, it could be seen not as much as a question of legislating or passing a law, but rather as of certifying that the Parliamentary and constitutional procedures have been followed and the law in question has met all the necessary criteria for a law. In this way, His Majesty is doing little more than acting as a judge of the constitutional process, rather than acting as a legislator; it would be clear then that His Majesty's signature is dramatically different from the votes of the members of Parliament.

Granted, it is a fine line, but politics, particularly in the case of a Constitutional Monarch such as His Majesty King Juan Carlos, more often than not is a gray area.

Clint, you have enough moral

Clint, you have enough moral flexibility to be a bishop.

"Granted, it is a fine line,

"Granted, it is a fine line, but politics..."

If Spain's king truly values the sacredness of all human life, he will refuse to sign anything from the parliament. It's called "standing up for life, setting a pro-life example".

(Granted, he might lose his perks for failing to go along, and church hierarchs wouldn't want THAT to happen, would they?)

The relevant question here is

The relevant question here is whether the old abortion law was actually enforced and how. If the old law had no impact, the Bishops can be safely ignored with regard to the reception of Communion. If the old law was enforced and enforcement was repressive, causing harm and maternal death, as well as upset due to the power of the state to investigate natural miscarriage (a power that state should not have - although one which is necessary if you want to actually go after abortion through the criminal law), then dropping it is about the power of the state, not the moral issue of abortion.

Since the deaths of the

Since the deaths of the right-wing dictators Franco and Salazar, and the accession of John Paul II, the church has utterly lost power in the formerly ultra-catholic iberian peninsula. this is always in the background of rome's increasing heavy-handedness in the areas where she is still somewhat strong.

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