Do Converts Have to be Rebaptized?

Q: My coworker is in an RCIA program, and is going to become a Catholic at Easter. She was raised Presbyterian. She told me that she doesn’t need to be baptized in the Catholic Church, because she already was baptized in her church. That doesn’t sound right to me, because when my own father became a Catholic years ago, he had to be rebaptized, even though he had been baptized as a child in the Episcopal church. Is the RCIA instructor right about this?  –Dave

A: Canon 845.1 couldn’t be clearer: the sacraments of baptism, confirmation and holy orders cannot be repeated. This is because by their very nature, they imprint a character on the recipient, which after its conferral can never be taken away. There is an amusing-yet-sad story told about the Roman Emperor Julian the Apostate (331-363 A.D.), who had been baptized a Christian but later renounced his faith, reinstituted the worship of the pagan Roman gods and goddesses, and persecuted the Christians who resisted.  Having been told that baptism imprinted a special mark upon his soul, Julian sat in the bath and tried vainly to scrub that mark off of himself, in an attempt to undo his Christian baptism. But the fact is that it simply cannot be done.

That’s also why canon 864 notes that every unbaptized person, and only an unbaptized person, can be baptized. If a person has already been baptized, it makes absolutely no sense whatsoever to try to do it again, because it cannot be done again. (This is why the term “rebaptize” is canonically meaningless.)

So what would happen if, say, a priest were to go through the entire baptismal ceremony and perform what he believed to be a valid baptism, on a person who had in fact been baptized before? The answer is simple: nothing. If the priest and family truly didn’t know that the person had been baptized before—let’s say a nurse in the hospital where he was born had baptized him because it seemed that he might die, and had never told the family what she had done—they would of course be acting in entirely good faith. But the ceremony would have no spiritual effect at all. The conferral of the sacrament would be invalid, a concept that was discussed at length back in “Marriage and Annulment.”

Things get murkier, however, when a person wants to become a Catholic, and there is some uncertainty about whether he was already baptized before or not. This situation is perhaps more common than many would think! Let’s say that we have a person who was told years ago by family members that he had been baptized as an infant, but a baptismal certificate is nowhere to be found. It may be that he was baptized by a family member in an emergency—canon 861.2 notes that in cases of necessity, any person with the correct intention may baptize—and thus there is no record of the baptism in any church registry. Perhaps his parents had left the faith, and his grandmother had secretly baptized him in private. Or it may be that the family members are not getting the story straight, in which case he is in fact not baptized at all! What is a pastor to do in such a situation?

Canon 869.1 has the answer. If there is a doubt as to whether a person has been baptized or not, and the doubt cannot be resolved even after investigating the matter, the person is to be baptized conditionally. This means that baptism is to be administered, with the acknowledgement that if the person has already been baptized, it will have no effect. In such cases the Church is erring on the side of caution. Better to perform a second, unnecessary and ineffectual baptismal ceremony, than to fail to baptize the person at all!

This is why, incidentally, an abandoned infant is to be baptized, unless for some reason it is clear that he has been baptized already (c. 870). If perchance he has been baptized before, the second ceremony will not change a thing; but if he has not been baptized, it of course will have full effect.

But what do we do with someone from a non-Catholic Christian faith who wants to become a Catholic?  Normally he can provide a baptismal certificate from his own church—but is it enough?

As a general rule, it is. The Catholic Church has long taught that the one baptizing needn’t profess the Catholic faith in order to baptize validly.  It is enough that he (or she) intends to do what Christ commanded—namely, to free the person from original sin and incorporate him into the Church—and uses a valid form for the administration of the sacrament. In fact, the baptizer doesn’t even need to be a Christian. Imagine, for example, a woman giving birth in a hospital to a sick baby who is in danger of death. If she were to request a Jewish nurse to baptize the baby, that nurse would validly do so, so long as she used the correct formula and intended to do what the Church requires (even if she weren’t too sure exactly what that was!).

For this reason, the Church acknowledges that baptisms performed by Lutherans, Methodists, Episcopalians, and the bulk of the other mainstream protestants are valid. It is true that there are some religious communities, like the Mormons (discussed in “Marriage Between a Catholic and a Non-Catholic”), whose baptism the Catholic Church does not accept as valid, because it has determined that for theological reasons there is a significant defect in the intention of the minister. We have also seen, in “Inclusive Language and Baptismal Validity,” that if a non-Catholic religious community is using a theologically defective formula during the baptismal ceremony, the Catholic Church rejects it as invalid. But otherwise, unless there is some specific reason to question the validity of the baptism in a particular case, the Catholic Church regards most protestant baptisms as valid.

Consequently, when a protestant wishes to become a Catholic, the pastor who will receive the person into the Church looks into the circumstances of that person’s baptism, and decides whether there are any grounds to doubt its validity. If not, canon 869.2 states clearly that the person is not to be baptized again.

This is no doubt why Dave’s Presbyterian coworker will be received into the Catholic Church on Holy Saturday without being baptized by the Catholic pastor. It sounds like everything is being handled completely in accord with the law.

What about Dave’s father, the former Episcopalian who eventually became a Catholic and was baptized again by a Catholic priest? We have no way of knowing what the circumstances were, or when or where this all took place. It is true that, in days long gone, it was a common practice to baptize conditionally all those protestants who wished to enter the Catholic Church, just to be on the safe side. It may be that the pastor was playing it safe; or it may be that for some particular reason, he had cause to question the validity of the baptism. In any case, conditionally baptizing anybody and everybody who wants to become a Catholic is definitely not the correct practice nowadays.

Thus we can see that there is no inconsistency between the reception into the Catholic Church of Dave’s Episcopalian father and his Presbyterian coworker. If the Church considers it necessary to baptize a non-Catholic Christian conditionally, it will do so. But otherwise, one baptismal ceremony, whether Catholic or not, is quite enough.

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Will the Woman Who Attacked the Pope be Punished?

Q1: I read a Vatican news report that said the woman who knocked the Pope down at Midnight Mass on Christmas will be judged by a Vatican court. What will most likely happen to her? –Andrew

Q2: The papers say that the woman who attacked the Pope at Christmas Mass is mentally disturbed, so does that mean she’s not excommunicated? –Maria

A: It certainly was horrifying last Christmas to see the film footage and hear the screams of the crowd, as a 25-year-old woman with a history of psychological problems somehow managed to scoot past the entire papal security team and grab hold of Pope Benedict, ultimately pulling him down to the floor. It’s entirely natural for us to want to see her punished, simply as a matter of justice. After all, physically harming the Vicar of Christ is no small matter!

One might not expect there to be any mention in church law about such a specific and unusual crime, but in fact there is: canon 1370.1 states that a person who uses physical force against the Roman Pontiff incurs excommunication. On the face of it, therefore, it would seem that the story ends there.

But as we saw back in “Am I Excommunicated? Sanctions, Part I” getting yourself excommunicated is not so simple! There are a whole host of conditions, all of which must be in place for the person who committed the crime to be punished under canon law. In general, they ensure that the perpetrator does not incur any penalty unless he was fully in command of his faculties, understood what he was doing, acted with complete freedom, and knew in advance that such a sanction was attached to commission of the crime. (“Is She Excommunicated? Sanctions, Part II” addressed these issues in greater detail.)

In the case of the young Italian woman who jumped the Pope at Midnight Mass, she has already been in and out of a psychiatric hospital on more than one occasion. It seems pretty clear from the news reports that she has less than full command of her faculties! Thus it’s a fairly safe bet that while she did technically commit a crime to which the penalty of excommunication is attached, she is in fact not fully culpable for her actions.

Up to this point we have been talking about sanctions under the Code of Canon Law. But Andrew’s question actually brings up a separate issue. News reports have indeed indicated that the young woman will be tried in a Vatican court. Yet this is a civil issue, rather than a canonical one.

Vatican City is an independent country, the smallest in the world. Anyone who has visited Rome knows that it requires absolutely no effort—and certainly no passport!—to walk in and out of Saint Peter’s Square, but when people do this they are in fact crossing the border between two countries, Vatican City and Italy. The Vatican has its own flag, its own post office, its own military, and until it joined the Euro Zone it also had its own currency (which happened to have the same valuation as the old Italian lira). Since the country is so tiny, it has an agreement with Italy that gives the Italian police the right and responsibility to maintain order in Saint Peter’s Square itself; but inside Vatican buildings, visitors are subject to Vatican City laws. Those buildings, of course, include Saint Peter’s Basilica, where the Pope was attacked, and thus the young woman was arrested and charged under Vatican City laws—not under canon law. Canon law governs the Catholic Church as a whole, and as such binds all of us Catholics, no matter where in the world we live; in contrast, Vatican City law in this case is roughly akin to our U.S. state laws against assault and battery. See the difference?

In other words, one could conceivably be arrested in Vatican City for a traffic violation, or disorderly conduct, and be tried under their criminal justice system—without there being any corresponding violation under canon law. In actual fact, there are very few crimes, or even sins, with a corresponding sanction in the Code of Canon Law. Theft, for example, is often illegal and obviously sinful at the same time, but normally there are no canonical penalties attached to it. If a penitent confesses the sin of theft in confession, a confessor will undoubtedly assign some sort of penance to atone for such an act; and if the same person is arrested and convicted of theft, he will certainly be punished in criminal court. Neither case, however, necessarily involves a canonical penalty.

At the same time, there are some crimes in the code for which the sanctions can be extremely severe, but there is no penalty whatsoever under civil law. As was discussed in “Can a Priest Ever Reveal What is Said in Confession?” a priest who violates the seal of confession is subject to some of the harshest penalties the Church has to offer (c. 1388.1)—but there is certainly no corresponding crime under civil law for which he can be arrested!

So what will happen to this mentally disturbed woman who physically harmed the Holy Father? Well, under canon law, nothing. Mentally, she is so obviously unstable that she cannot be held accountable for her actions.

Under Vatican City laws, however, we’ll have to wait and see what happens to her. But given that the Pope himself, who is of course the supreme head of this little country, has publicly forgiven her, it’s rather difficult to envision her receiving any serious punishment.

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Can a Bishop Forbid a Priest to Say Mass?

Q: Some women in our diocese have started a prayer-group, and somehow they got on the wrong side of the bishop, who has told them privately to tone it down. Among other things, they wanted a priest who’s not from our diocese, who has a reputation for being a mystic of some sort, to visit and say a special private Mass for their group in the parish where most of them belong. But the bishop found out and intervened, saying (or so I’m told) that the priest was forbidden to say that Mass. Here’s my question: can’t an ordained priest always say Mass if he wants to? How can a bishop say that a priest cannot say Mass, especially since it would have been a private Mass anyway?  –Ed Continue reading

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Does a Catholic Wedding Have to be Held in a Catholic Church?

Q: My daughter is getting married in June, to another Catholic. Our assistant pastor already agreed to perform the wedding, which will take place in our parish church. But now my daughter is thinking she’d rather have the wedding in our garden. We have a beautiful garden full of roses behind our house, and in June they will be at their peak. Our church is modern and not really too attractive. Is it possible to have the priest marry them in another place besides the church? –Tim

A: On the surface, it may seem that this topic has already been addressed in this space. We saw back in “Can a Catholic Ever Get Married in a Non-Catholic Church?” that for a valid marriage, Catholics must marry in accord with canonical form. Continue reading

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Canon Law and Donations to the Church

Q: My elderly mother is thinking about making a big donation to the parish school, or maybe leaving it in her will. All of her children went there and some of her grandchildren. Lately they’ve been complaining that the school is overcrowded, so she thought maybe she could give them the money to build an addition. My mother said she’d like it to be named for our family.

I ran into one of the accountants who helps the parish out, and mentioned her idea to him, and he got really excited. He said that even if they don’t build a new wing, they can use the money to pay off debt and/or other things. But that’s not what my mother wants to give the money for! Is there a way to insist that her donation be used for this one purpose? Continue reading

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