Canon Law and the Upcoming Conclave

Posted on February 21, 2013 by canonlawmadeeasy

Q1:  Can you please explain for us how the papal conclave will work? And are there any major aspects of it that will be different this time, because Pope Benedict is still living?  –Leah

Q2:  Who can, and cannot, be elected Pope?  –Joseph

The Catholic world is still reeling from Pope Benedict’s astounding announcement last week, but the secular media has already been busily declaiming about the possible reasons for the decision, Pope Benedict’s legacy, possible contenders for the job, etc. etc. ad infinitum.  In the process, the amount of misinformation that is being disseminated is staggering!  Continue reading →

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Can a Baby be Baptized Against the Parents’ Wishes?

Posted on February 14, 2013 by canonlawmadeeasy

This column was already written, and set for publication, before Pope Benedict’s resignation announcement on Monday.  The next column–to be published a week from today, hopefully–will address issues pertaining to the upcoming conclave.

Q:   Some Jewish people in my city complained to the local Catholic hospital, saying they were afraid to bring their sick children to the emergency room, because the hospital staff might baptize them.  The hospital staff publicly agreed never to do this.

I had always assumed that you can’t baptize a baby without at least one parent’s consent, so I thought the hospital would simply say, “Don’t worry, we’re not allowed to do that anyway!”  But the wording of the hospital administrators’ response seemed to suggest that they really could baptize a sick baby if they wanted to.  Can a baby be baptized Catholic, even if the parents aren’t Catholic and don’t want the baptism?  –Greg Continue reading →

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A Brief Note about Papal Resignation

Posted on February 12, 2013 by canonlawmadeeasy

Dear Readers,

Those of us in Rome were no less stunned than the rest of the world by the Pope’s announcement yesterday.  Nobody saw it coming!  It was, therefore, a cruel coincidence that “Can a Pope Ever Resign?” was published on this website only a few weeks ago.

There are already some in the media who’ve been declaring dramatically, “We are in unchartered waters!”  But such a statement is misleading.  While it’s true that no Pope has resigned for many centuries, the fact remains that clear legal procedures to handle this situation are already in place.  The Catholic hierarchy knows exactly what it has to do to ensure the continuity of church leadership, by selecting (with the guidance of the Holy Spirit) a new Vicar of Christ.  Questions like, “How do you address a former Pope?” and “Where will he live?” may be worth asking, but these matters will not affect the actual governance of the Church, which is of course the key issue.  In short, everyone is shocked and saddened by the situation—but it does not constitute a crisis.

A column was already prepared for publication on this site on Thursday (February 14, 2013), and it will be posted as scheduled.  But rest assured, the following column will address the legal procedures surrounding a papal conclave!

In the meantime, let’s keep praying for Pope Benedict XVI, who undoubtedly has the hardest job on earth.

Why is Google hiding the posts on this website in its search results?  Click here for more information.

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Can a Pope be Removed from Office?

Posted on January 31, 2013 by canonlawmadeeasy

Q: In a recent piece you explained that the Pope can resign if he chooses.  To me that raises another question: What would happen if a Pope became so mentally debilitated that he didn’t know what he was doing?  It seems to me that he wouldn’t be able to resign under those circumstances.  Is there some legal mechanism that would allow him to be removed, and call for a conclave to elect a new Pope?  Or is there at least a way for the cardinals to take charge of running the Church until that Pope passes away?  –Paul Continue reading →

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If a Catholic Marries a Non-Christian, How is it a Sacrament?

Posted on January 17, 2013 by canonlawmadeeasy

Q:  An unbaptized person can’t receive any of the other sacraments unless he gets baptized first, right?  So how is it possible for a Catholic to marry a non-Christian in a Catholic ceremony?  I don’t see how the non-Christian spouse can be receiving the sacrament of matrimony, if he’s never received the sacrament of baptism!  Is the marriage a sacrament for the Catholic but not for the non-Christian?  How does this work?  –Ashley

A:  It’s a very astute observation!  By thinking it through logically, Ashley has spotted a genuine theological/canonical quandary.  Continue reading →

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