Canon law changes for deacons, some marriages

Dec. 15, 2009

VATICAN CITY -- Pope Benedict XVI has made changes in church law to clarify the role of deacons and to remove an ambiguity about the marriage status of some Catholics.

The modifications were ordered by the pope in a document, "Omnium in Mente," ("In the Mind of All") published Dec. 15 in Latin and Italian by the Vatican.

Two rewritten canons in the Code of Canon Law reinforced the distinction between the role of governance belonging to bishops and priests and the role of service belonging to deacons.

Changes to three other canons removed an exemption from some rules on marriage for Catholics who have formally declared they are no longer part of the church.

Jesuit Father Federico Lombardi, the Vatican spokesman, said the changed language on deacons more clearly reflects the doctrinal position of the church, especially the teaching of the Second Vatican Council regarding the permanent diaconate.

The current Code of Canon Law, promulgated by Pope John Paul II in 1984, spoke of three grades of the sacrament of orders -- the episcopate, the presbyterate and the diaconate -- by which ministers fulfill "the functions of teaching, sanctifying and governing," each according to his grade.

The new wording introduced by Pope Benedict mirrors the explanation of the roles of the church's ordained ministers presented in the Catechism of the Catholic Church, which says that the task of governing on behalf of Christ, the head of the church, is proper only to bishops and priests.

The new version adds the phrase: "Those who are constituted in the order of the episcopate or the presbyterate receive the mission and faculty to act in the person of Christ the head, while deacons are enabled to serve the people of God in the diaconate of the liturgy, the word and charity."

In a commentary published with the pope's document, Archbishop Francesco Coccopalmerio, president of the Pontifical Council for Legislative Texts, said the changes to the three canons involving marriage simply remove the mention of Catholics who have made a formal declaration of leaving the church.

The 1984 Code of Canon Law automatically exempted such Catholics from some requirements, such as seeking formal permission from a bishop to marry a non-Catholic or a non-Christian. The exemptions were seen as a way to protect the validity of the marriages of people the Catholic Church considers members of the church, but who obviously would not follow all church procedures because they don't consider themselves Catholics anymore, Archbishop Coccopalmerio said.

NCR: February 3-16, 2012

Subscribe to NCR to get all the news and special features that aren't always available online. In this issue:

- US News: Bishops Host Conference on Immigration
Conference fields advocates' questions on law, policy

- Special Section: Deacons. Serving as parish administrator; roles of wives; and more

- Study: Black Catholics are more engaged
New study by Notre Dame researcher about parish involvement in America

Subscribe now!

But the exemptions gave rise to a variety of different interpretations and created enormous confusion, the archbishop said. The council for legislative texts began studying the issue formally in 1997 and even then most people consulted recommended the exemptions simply be erased, the archbishop said.

Wonderful. A further

Wonderful. A further clarification that people who are married are fit only to "serve" but not to "govern."

Are you serious? The Pope

Are you serious?
The Pope can't even tweak canon law to me more in accord with the content of doctrine without making people mad? I sometimes think that people decide to be offended first, then seek out the news story about the Church or the Pope or the Bishops that will let them vent their vitriol.

You know, Christ reminded us

You know, Christ reminded us that the highest goal that any Christian could ever aspire to was to serve others. The idea of Christian leadership is one of service -- those who are greatest in the Kingdom of God are those who serve the rest. When the Holy Father writes an encyclical or papal bull, he always begins the same way: "Benedict, Bishop, Servant of the Servants of God".

The tone of the above poster, however, does not reflect this viewpoint. In fact, it is clear from his words that Mr. Bullough believes that to be a servant is to be of less worth, or less value, than a person who governs. This is in no way a Christian perspective of service or leadership. It is a viewpoint formed, not by the Gospels, but by the secular culture, a culture that teaches that if one is not making decisions, one has no value.

Christ gave us the example of leadership; He who was, and is, God Himself served His creatures by healing, feeding the poor and the hungry, and teaching those who were ignorant. If you hope to lead, or govern, you must serve everyone else, He taught us. Sadly, it seems that Mr. Bullough did not learn this lesson.

Dear Mr. Green, By your own

Dear Mr. Green,

By your own very reasoning, the highest authority that the Episcopate has is to be good servants of the people of God. When they attempt to rule in a authoritarian way, this can not at all be seen as a Christ like mission and should be called for what it is - a power grab by the bishops.

Peace and understanding,
R. Dennis porch, MD

If, Christ came "to serve,"

If, Christ came "to serve," why must everything be a fight "to govern?" Shouldn't we make it our vocation to serve, and govern only if we are chosen for that position? No one has a right to govern. All have a duty to serve.

Oh come now. You folks can

Oh come now. You folks can twist reality around like the CEO who comes into a corporate meeting with those who sweep up and says "I work for you, not the other way around."

But the meaning is clear; all decisions are to made by celibate men.

Anybody else's role is to "go along and get along."

Not that anybody was worried that a deacon would become a cardinal any
time soon.

Consider MK10:31; MT 19:30

Consider MK10:31; MT 19:30 and 20:1-16!

So what does this mean vis a

So what does this mean vis a vis marriage? are those who leave the Church and join another religion or community now not bound by canonical form even if they don't send the bishop a letter? or is it the reverse, that there is no way for a baptized Catholic to not be bound by canonical form?

Once again, our Holy Father,

Once again, our Holy Father, in his charity and taking seriously his role of confirming the brethren, offers clarity in ambiguity.

God bless the Holy Father! Long may he reign!

"They fix up heavy loads and

"They fix up heavy loads and tie them on men's backs............they love the best places at feasts..........they love to be greeted with respect.......and have people call them "Teacher".....and then Jesus said.....how terrible for you Teachers of the Law........full of decay and corruption........rotten to the core.........you are snakes.......maggots........." [Matthew 23]
"In a commentary published with the pope's document, Archbishop Francesco Coccopalmerio, president of the Pontifical Council for Legislative Texts..."

These people are nuts! While the church is floundering on the rocks of scandal after scandal, the leadership is issuing more and more legalistic documents that epitomize the EXACT opposite of what they should be doing and are right in line with what Jesus totally condemned in Matthew 23. Do they know how to read? Have they any concept of what is happening to the church? The United States, Ireland, the United Kingdom, Brazil, Canada: all awash in debauchery at the highest levels of church leadership........so what do the Pharisees, I mean Bishops and Cardinals, do.......why, they issue more legalistic documents that make a mockery of what Jesus did! God help us!

Calm down. . . it was a

Calm down. . . it was a clarification on the role of deacons and a slight change to marriage/annulment procedure. Not every law is legalism, sometimes a law is just a law. In my opinion, I don't think our Lord would go turning over tables over this.

"The only thing needed for

"The only thing needed for evil to conquer is for good people to stand by and do nothing." [Ben Franklin] Yes, Todd, this proclamation from the "Holy Pontifical Institute of Grand Rituals and Decrees" is not monumental in its implications BUT it IS just another misuse and misapplication of what Jesus was all about. The entire Holy Roman Catholic Institution must be disassembled so that the People of God can be reunited in RELATIONSHIP with Jesus, the Christ. Every unchallenged misuse, however small, of the teaching of Jesus, contributes to the enabling of this dysfunction called hierarchical institution.

If you are so against the

If you are so against the institution, why are you trolling a Catholic news site... You may see yourself as "bringing the truth" to us, but when all you do is criticize and tell us what we are doing wrong you serve to do nothing more than futher widen the schism that separates us. I would love to engage in a calm respectful dialouge and debate these points, but if youre going to use this as a platform to proclaim your "truths" then get out

God Bless Pope Benedict XVI

God Bless Pope Benedict XVI and the Catholic Church

Deacons should also be

Deacons should also be prohibited from preaching since they are poorly educated in the faith.

Paulte on Dec. 15, 2009. You

Paulte on Dec. 15, 2009.

You stated:

"Deacons should also be prohibited from preaching since they are poorly educated in the faith."
----------------------------------------------------

Where are you getting your information from? Do you think that men applying for the permanent diaconate just walk in the Chancery's back door on Friday and are ordained to the Diaconate the next day? I happen to know quite a few permanent deacons whose speaking skills are excellent. As far as being poorly educated in the faith? There are a good number who have strong backgrounds in theology. You are making unfair generalizations, Paulte!

I've always found that the

I've always found that the deacons in my parish give excellent homilies. I think in our parish they are only aloud to preach once a month. It's nice for us parishioners to hear different perspectives, and it gives our priests a break.

I am in a 5 year formation

I am in a 5 year formation program to become a deacon. It requires of me, in my diocese to obtain a Masters degree in Theology in order to get faculties to preach. This is not a requirement by the way for priests in this diocese.
I have spent every day of up to 16 hours reading books on theology for the last 2 1/2 years. It is nothing for a professor to assing multiple books to be read before the next calss. I write papers, I take exams. I have a priest spiritual director that I meet with and a deacon mentor I meet with (both required not less than once a month). Deacons in my diocese also are required to do ongoing classes in order to keep their faculties. I recently sat in an 8 hour course with deacons from the diocese on preaching in Cycle "C" for this coning year. I don't know where you get your insight about the theology or training of deacons but you are frankly in my humble opinion misinformed.

Paulte shows an outstand

Paulte shows an outstand level of critical thought in his decree. It is wonderful to have such a person as Paulte, who has the privilge to oversee ALL deacon training through out the world, to share his intelligent observation. Thank you Paulte for your gift!

At some point the faithful

At some point the faithful will demand that control of property be reserved to deacons and the laity, possibly through 501(c)(3) type instruments, rather than allowing Church property to be held personally by the Bishop. This will be a happy day in the Church and will actually better fulfill the role of deacon. It will actually allow priests and bishops more time to do ministry. Most will welcome such a change and those who don't should not be priests.

Did the Pope ever read John

Did the Pope ever read John 13 or Luke 22?

Only God can untie a binding

Only God can untie a binding cord with a Knot.This new restriction advances ECUMENISM,and is evidnce of the ONE TRUE CHURCH.Colonel Robert A.Schwehr Military Deacon.

The "faithful" accept this

The "faithful" accept this sort of thing, apparently, without question. They continue to participate in liturgy and maintain community in a sexist patristic structure that serves no one but the group of narrowly constituted, narrow-minded men for whom power trumps service and who seek to define the Word and to place it in a box of their making. If God is love and if those who abide in love abide in God and God in them, then how does this kind of quibbling and piddling with words make sense or matter? I for one, have chosen to no longer accept this authority and for me, that means I will not participate in liturgy led by these men. There are alternatives, there are choices, there are ways of making our voices heard and our opinions known. As long as we, who know that they are wrong do nothing, they continue to prevent the kingdom from being built.

What the Pope did was a

What the Pope did was a clarification of the Code of Canon Law. He DID NOT change anything.

And a side-note: for someone who had "chosen to no longer accept this authority..." you sure are worked up over something that, in your eyes, is irrelevant. And "preventing the kingdom [of God] from being built"? Wow...this shows how little you think of God...

You are right. There are

You are right. There are alternatives to Catholic liturgy. You can try all the alternatives you want at your own risk. You seem to be heading to one final alternative--I hope you like the heat.

I was perhaps a bit glib in

I was perhaps a bit glib in my initial comment.

The distinction between "serve" and "govern" vis-a-vis permanent deacons is far-reaching.

It begs some other questions.

What is meant by "govern?"

Does a pastor or parochial vicar "govern" a parish; is it therefore impossible that a deacon would never be the person serving as the
administrative head of a parish? What does that mean in the midst of
a priest shortage? Suppose three parishes share one priest but have
3 deacons available to them? What makes sense.

Furthermore, what are the implications for non-priests who now serve in
senior roles in dioceses? The implications is that only ordained priests should "govern." For example, we have dioceses here in the US where the chancellor is a religious sister. Does a chancellor "govern?" Will those sisters now be replaced by priests?

I am going to guess that they

I am going to guess that they function like nurse practitioners and physicians assistants, who do much of the work but mostly under the signature of a doctor, whether or not the doctor reviews any of it. Always, the clergy will control, will decide who "lives" and "dies" in the church. That's why it makes good sense to be very careful not to get too engaged or invested in church labors--save them for the secular world where a person is actually empowered to do his/her own job.

The secular world is where

The secular world is where Vatican II says that the laity are to work to build up the Body of Christ. It doesn't say that the laity should all try to get jobs in the Church.

The canonical job of the

The canonical job of the chancellor is to maintain the diocesan archives. The chancellor has no real power of governence. In some dioceses, the chancellor seems to have become the "canon law officer" or perhaps acts somewhat in the proper role of a vicar general. However, that is solely based on delegation from the canonical local ordinary. A lay chancellor cannot give any dispensations. A priest can, but only if delegated by the local ordinary.

When I went to the Vatican

When I went to the Vatican some years ago, I remember that as I entered St. Peter's it was much more reminiscent of Augustus Caesar than of Jesus of Nazareth. It gave much more a feeling of empire than of service. It seems to be so. It was all a true representation of reality.

Every baptized Christian has

Every baptized Christian has a right to govern by virtue of his or her baptism and every baptized person has a right and a duty to act in persona Christi. To say otherwise, as the church has done, is to deny the reality and meaning of baptism. It is a reservation the church has no right or authority to make. Taking a stand on an issue does not make that stand correct. It simply stakes out territory, and this is what the church so painstakingly does for the celibate male and only for the celibate male. This position of the church is very sophomoric, unenlightened, and uninspired. It is like little boys wanting their playground to themselves--No Girls Allowed (and certainly none allowed who engage in that dirty thing called s-e-x).

MK 10:31 MT 19:30 MT 20:1-16

MK 10:31

MT 19:30

MT 20:1-16

For once I am being

For once I am being optimistic about one of the Pope's statements. Is it possible that by saying that deacons do not represent Christ the Pope is heading towards an eventual declaration that the diaconate is therefore open to women. After all, one of the major blocks to the priesthood for women is that they supposedly cannot represent Christ who is male.

No deacons, no

No deacons, no laypeople
While the change in Canon Law on deacons --- clarification as the Vatican calls it --- appears to be a small thing to some, it is nevertheless part of the current trend to restore the pre-Vatican II church style. Only priests run the church. It is for them, not deacons, not laypeople (and certainly not women). The priests will tell the deacons, the parish council, the finance council, the parishioners who is in charge, now clearly according to Canon Law. Pope Benedict is all about clericalism. Deacons will slowly be returned to their Dark Age grave.

It does seem like a de facto

It does seem like a de facto move of the diaconate to a minor order (a bit more like the old subdiaconate now, perhaps?). Of course, that term will not be used, but when one order is split from the other two, that may be the longer term effect.
The comment about opening the door to the ordination of women to the diaconate may be hitting on an unintended side effect as well. Although this was unlikely to have been an intent of the Legislator, it does open the door just the tiniest bit, which in itself is rather significant. And isn't that particularly interesting at a time when B16 has made such a significant initiative toward the Anglican community, which happens to include women deacons? Who knows where all this could lead in another 50 years?

They wanted to stop the

They wanted to stop the catholics in Ireland from leaving the Catholic Church.
I think it will also stop anyone else around the world from leaving the church to protest the sex abuse scandal and cover up.

Suspension of the Defection Process

In April of this year, the Catholic Church modified the Code of Canon Law to remove all references to the act of formal defection, the process used by those who wish to formally renounce their membership of the Church.

Since then, the Catholic Church in Ireland has been reflecting on the implications of this change for those who wish to leave the Catholic Church. Despite our requests for clarification, the Church have yet to reach a firm position on how or whether they will continue to accept requests for the annotation of the baptismal register.

In recent weeks we have been contacted by an increasing number of people whose defections have not been processed, due to the limbo created by this canon law amendment.

Because of this uncertainty, we have taken the decision to suspend the creation of declarations of defection via CountMeOut.ie from today (12th October 2010).

Suspension of the Defection

Suspension of the Defection Process

In April of this year, the Catholic Church modified the Code of Canon Law to remove all references to the act of formal defection, the process used by those who wish to formally renounce their membership of the Church.

Since then, the Catholic Church in Ireland has been reflecting on the implications of this change for those who wish to leave the Catholic Church. Despite our requests for clarification, the Church have yet to reach a firm position on how or whether they will continue to accept requests for the annotation of the baptismal register.

In recent weeks we have been contacted by an increasing number of people whose defections have not been processed, due to the limbo created by this canon law amendment.

Because of this uncertainty, we have taken the decision to suspend the creation of declarations of defection via CountMeOut.ie from today (12th October 2010).

They want to stop people from

They want to stop people from leaving because of the sex abuse scandal and coverup.
Suspension of the Defection Process

In April of this year, the Catholic Church modified the Code of Canon Law to remove all references to the act of formal defection, the process used by those who wish to formally renounce their membership of the Church.

Since then, the Catholic Church in Ireland has been reflecting on the implications of this change for those who wish to leave the Catholic Church. Despite our requests for clarification, the Church have yet to reach a firm position on how or whether they will continue to accept requests for the annotation of the baptismal register.

In recent weeks we have been contacted by an increasing number of people whose defections have not been processed, due to the limbo created by this canon law amendment.

Because of this uncertainty, we have taken the decision to suspend the creation of declarations of defection via CountMeOut.ie from today (12th October 2010).

Post new comment

NCR Comment code:

  1. Be respectful. Do not attack the writer. Take on the idea, not the messenger.
  2. Use appropriate language. Avoid vulgarities and slurs.
  3. Keep to the point. Deliberate digressions don't aid the discussion.

For more detailed guidelines, visit our User Guidelines page.

The content of this field is kept private and will not be shown publicly.
(if you have one; if not, leave this blank)
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <font> <swf> <swf list>
  • Lines and paragraphs break automatically.
  • You may use <swf file="song.mp3"> to display Flash files inline

More information about formatting options

CAPTCHA
This is to prove you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Enter the characters shown in the image.