Women’s Ordination and the Case of Roy Bourgeois

Posted on June 13, 2013 by canonlawmadeeasy

Q: I’m trying to figure out what is really going on in the case of Fr. Bourgeois, who was kicked out of the Maryknolls last year.  The stories I read suggested that he was excommunicated and is no longer a priest, right?  If that’s true, then why is he now saying publicly that he’s going to appeal to Pope Francis to reinstate him as a Maryknoll priest again?  Can the new Pope even do that?  —Ryan

A: It’s a good question!  Ryan is referring to Roy Bourgeois, who until 2012 was a member of the Maryknoll Fathers and Brothers, a U.S.-based religious institute.  Bourgeois was indeed declared by the Vatican to have been excommunicated in 2008, and just last year he was dismissed from the clerical state and expelled from the Maryknolls. Continue reading →

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Is Nepotism Still an Issue in the Church?

Posted on May 30, 2013 by canonlawmadeeasy

Q: In the medieval and renaissance periods, the Church had many problems with nepotism.  We hear nothing about this issue any more, but I’m wondering whether this is still a potential problem, at least in theory.  Are there canons which prevent ecclesiastical officials from legally giving powerful church positions to their relatives?  Or do bishops and cardinals avoid this unilaterally, without the need for actual laws? —Thierry

A: One may certainly hope that Catholic bishops and other church officials appreciate the need to avoid even the appearance of a conflict of interest in their daily duties, and so logically they should understand that nepotism is an ugly concept that must be shunned!  Just to be safe, however, there are a number of different canons in the current code that prohibit blood relatives of certain church authorities from benefitting from their familial connections.  Continue reading →

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Canon Law and False Abuse Allegations, Part II

Posted on May 16, 2013 by canonlawmadeeasy

(Part I of this article was posted on May 2, 2013, and can be read here.)

In the first part of our discussion of false sexual-abuse accusations leveled against Catholic priests, we saw that canon law provides—and has always provided—a set procedure that is to be followed whenever any cleric is accused of a crime.  The bishop or religious superior must conduct an investigation, to determine whether the allegations have any merit; and if they obviously don’t, the case should end right there.  In the meantime, he now is also required immediately to inform the Vatican’s Congregation for the Doctrine of the Faith (CDF) about what is going on, and to follow their directives.

As we all know, in far too many cases in years past, priests were accused of sexual abuse by genuine victims—and these crimes were simply swept under the rug, by church officials who eschewed their God-given responsibility to take appropriate action.  This is an established, ugly fact that is not up for debate!  It’s true that there’s often more than one legitimate way for an ecclesiastical superior to deal with these problems; but doing nothing, preferring to ignore the issue in the hope that it will simply go away, never has been or will be an option, ever.  Continue reading →

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Canon Law and False Abuse Allegations, Part I

Posted on May 2, 2013 by canonlawmadeeasy

Q:  There are so many stories of priest-abusers shielded in past years by their superiors, who allowed it to continue.  But not all the accusations are true, right?  Do you know of any cases of priests accused of sexual abuse, who are really innocent?  –Susan

A:  It would probably be difficult to find a canon lawyer who doesn’t!

One might say that the response of the Catholic hierarchy to allegations of sexual abuse today, as opposed to several decades ago, has undergone a pendulum-shift.  Continue reading →

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Will Australian Priests Be Forced to Violate the Seal of Confession?

Posted on April 18, 2013 by canonlawmadeeasy

Q:  I know that priests aren’t allowed to reveal what people tell them in confession.  But what happens in places where reporting sexual abuse of children is mandated by law?  They’re talking about making it a legal requirement now in Australia, just like they did in Ireland.  Will priests really have to go to jail, rather than violating the seal and revealing the identity of a penitent to the police?  –Lauren

A:  Readers from “down under” are no doubt keenly aware that last fall, Australia’s Prime Minister Julia Gillard announced the formation of a federal Royal Commission to investigate child sexual abuse.  Continue reading →

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