New papal decree clarifies role of deacons and result of defections on marriage

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Comments: 8

Denver, Colo., Dec 15, 2009 / 05:16 pm (CNA).- This morning the Vatican published a Motu Proprio from Pope Benedict called “Omnium in Mentem” and dated October 26. According to J.D. Flynn, a canon lawyer for the Archdiocese of Denver, the new document clarifies the nature of a deacon's orders and the impact of defections from Catholicism on the validity of a marriage.

“Omnium in Mentum,” roughly translated as “Everything in Mind,” deals with two unrelated topics, a fact that caused Flynn to observe that it's probably easier to publish one Motu Propio than two.

Writing in an explanatory note for the Motu Proprio, Archbishop Francesco Coccopalmerio, president of the Pontifical Council for Legislative Texts, commented on the modified canons (1008, 1009, 1086, 1117 and 1124). These variations, he said, "concern two separate questions: adapting the text of the canons that define the ministerial function of deacons … and suppressing a subordinate clause in three canons concerning marriage, which experience has shown to be inappropriate."

The first issue addressed by the Motu Propio is the role of the diaconate.

Part of the current canon “describes sacred orders as participating in the headship of Christ,” Flynn explained. “The Motu Proprio clarifies that priests and bishops participate in the headship of Christ 'in persona Christi,' whereas deacons serve the Church, the people of God, through the ministry, services, or 'diaconias' of liturgy, word, and charity.” Thus, Flynn said, the document emphasizes that there is a “clear distinction between the diaconate and the presbyterate.”

“The distinction is between the deacon who acts “in imago Dei” and the priest who acts 'in persona Christi,'” Flynn explained.

What this means in layman's terms is that “we see the diaconate as a unique ministry unto itself and not simply a step along the way to the priesthood,” he added.

The second item considered by the Motu Propio is an obscure clause regarding a dispensation in canon law.

The reason for this allowance under the 1983 Code of Canon Law was to attempt to support the institution of marriage, even for Catholics who had renounced the Faith, Flynn said. Catholics who defect from the faith, or formally renounce it, must do so by writing a letter to their bishop stating their defection.

The only consequence of a defection prior to “Omnium in Mentem” was that the defector would subsequently be able to “get married validly without observing canonical form,” noted Flynn. This would mean that a defecting Catholic could validly be married in a civil ceremony, for example, without a dispensation.

“This Motu Proprio eliminates the impact of defections on marriage and requires that defectors follow canonical form for marriage,” he stated.

Stressing that “this idea that you can defect from the church by formal act for the purposes of marital validity has always been a sort of anomaly to our theology,” Flynn explained that the document abolished the anomaly.

He also noted that, “in the United States, we get very, very few defections by formal act.”

“What this really is, is an affirmation of our theology. Theologically we understand that what makes us Catholic is our Baptism or our reception in to the Church. Whether we want to be Catholic is not germane to the question of whether we are Catholic. Whether we follow the teachings of the Church or not is not germane to the question of whether or not we are Catholic. The thing that the church says is that all Catholics are bound to the teachings of the Catholic Church.”

Thus, at the theological level, the document establishes “that the Church does not participate in a congregational ecclesiology,” said Flynn. “Our ecclesiology is sacramental.”

Comments: 8

Subscriber comments:

Published by: Justin
Dallas TX 02/20/2010 12:35 PM EST

I do hope that the Vatican realises that by changing canon 1124 they have made it immpossible for a former Catholic to get married at all in the eyes of the church because he/she has to "declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;" But no person who does not want to be Catholic can do that, morrally at least. Ridiculous

Published by: Simon
Melbourne, Australia 12/27/2009 12:38 AM EST

I struggle to understand the point about this ruling on marriage. You'd think that someone who chooses to formally leave the Catholic Church would not be interested in being married in a Catholic Church, and if marrying outside the Catholic Church would not care what the Catholic Church thinks about their marriage.

Published by: kenneth
chicago, IL 12/22/2009 11:52 PM EST

The only reason defection was a problem canonically was that the 2006 ruling made it very difficult for the average person to defect. I suspect the real reason for the new change is that the church is embarrassed by the many thousands who have learned and used Actus Formalis in Ireland, Italy and other places in recent months. It also will let lapsed Catholics returning to the faith weasel out of any marriage they entered in good faith when they were lapsed. I find it creepy and cultlike that the church asserts a right to exercise its laws over people like myself who never chose to join and utterly reject its teachings. Even satan and scientology don't claim ownership of people who don't consent.

Published by: Fr. Peter Calabrese
Lewiston NY 12/17/2009 11:16 AM EST

The effect of this seems to be that fallen away Catholics who marry civilly will be able to get defect of form annulments without someone interpreting their "rebaptism" in a Protestant Church as fomral renunciation, thus making that marriage valid. We will have to see how this plays out a bit.

Published by: Jim
Lansing, MI USA 12/16/2009 05:51 PM EST

This is a wonderful clarification on the Diaconate. And on Marriage; It is the one sacrament I find most Catholics and non-Catholics inquiring about. So many are concerned about Valid Marriages, especially those who have divorced/annulled...

Published by: JD Flynn
Denver CO 12/16/2009 10:59 AM EST

Darcy, Catholics are required to observe canonical form for marriage. Baptized non-catholics are required to exchange consent in an appropriate manner. The motu proprio clarifies that ALL Catholics are bound to canonical form.

Published by: JD Flynn
Denver CO 12/16/2009 10:58 AM EST

Published by: Darcy
Washignton, DC 12/15/2009 07:54 PM EST

The motu proprio may be a fine thing, but Flynn's defense seems to make no sense. If the only point relevant to whether one is required to follow the canonical form of marriage is baptism, then the Church should be declaring all Protestant marriages that don't follow canonical form to be invalid. There is no theological distinction between baptisms--every baptism is in effect Catholic, regardless of the beliefs of the the minister or the recipient of the sacrament.

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