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Source: The Code of Canon Law. A Text and
Commentary, ed. J.A.Coriden, T.J.Green and D.E.Heintschel, London 1985;
quoted here as CCLTC.
- Duties of the faithful regarding the
magisterium
- The academic freedom of theologians
- Only men can be installed as lectors or
acolytes
- By ‘temporary deputation’ lay persons,
including women, may be readers, Mass servers, cantors, preachers, leaders of
prayer services, ministers of baptism and communion
- The extent of infallibility in the
magisterium
- Levels of response to the magisterium
- The teaching authority of bishops
- Only men can receive Holy Orders
Duties of the faithful regarding the
magisterium
Canon 212, § 1. “The Christian faithful, conscious of
their own responsibility, are bound by Christian obedience to follow what the
sacred pastors, as representatives of Christ, declare as teachers of the faith
or determine as leaders of the Church.”
Canon 212, § 2. “The Christian faithful are free to
make known their needs, especially spiritual ones, and their desires to the
pastors of the Church.”
Canon 212, § 3 . “In accord with the knowledge,
competence and preeminence which they possess, the Christian faithful have the
right and even at times a duty to manifest to the sacred pastors their opinion
on matters which pertain to the good of the Church, and they have a right to
make their opinion known to the other Christian faithful, with due regard for
the integrity of faith and morals and reverence towards their pastors, and with
consideration for the common good and the dignity of persons.”
The academic freedom of
theologians
Canon 218. “Those who are engaged in the sacred disciplines
enjoy a lawful freedom of inquiry and of prudently expressing their opinions on
matters in which they have expertise, while observing a due respect for the
magisterium of the Church.”
Only men can be installed as lectors
or acolytes
Canon 230, §1. “Lay men who possess the age and
qualifications determined by decree of the conference of bishops can be
installed on a stable basis in the ministries of lector and acolyte in accord
with the prescribed liturgical rite; the conferral of these ministries,
however, does not confer on these lay men a right to obtain support or
remuneration from the Church.”
Note. ‘Installation on a permanent or stable
basis in these two ministries is limited to men and to those who have reached
the age specified by the conference of bishops. In the United States that age
is eighteen. A special liturgical rite is to be followed. Installation,
however, is not an order. Episcopal orders are not required to install lay men
validly in these ministries; this is to be done by the bishop or the major
superior of a religious order. By installation a minister does not acquire any
claim to financial support in the Church; he does not become a cleric (c. 266,
§1).’ CCLTC, p. 167.
‘Another problem encountered since 1972 is the restriction of installation
in these ministries to men. The basis for this restriction has been questioned
throughout the process for revising the Code. These are truly lay ministries,
are not intended as steps toward sacred orders, and the restriction to males
appears an unwarranted discrimination. The limitation, however, has been
retained in the canon. The difficulty in practice is that many of the functions
installed lectors and acolytes are to perform have already been entrusted to
women as well as men. Women are authorized to proclaim the readings before the
gospel, and in some countries such as the United States the conference of
bishops has permitted them to read from the same location inside the sanctuary
where the gospel will be proclaimed. Women are authorized in many dioceses to
distribute the Eucharist as extraordinary ministers. What would be the impact
on the community if some who provide these ministries were to be installed but
others, equally qualified and experienced, were to be denied installation
merely on the basis of sex? It would seem to belie the provisions of canon 208
on the equality of the baptized. ’ CCLTC, p. 168.
By ‘temporary deputation’ lay
persons, including women, may be readers, Mass servers, cantors, preachers,
leaders of prayer services, ministers of baptism and communion
Canon 230, §2. “Lay persons can fulfill the function of
lector during liturgical actions by temporary deputation; likewise all lay
persons can fulfill the functions of commentator or cantor or other functions,
in accord with the norm of law.”
Canon 230, § 3. “When the necessity of the Church
warrants it and when ministers are lacking, lay persons, even if they are not
lectors or acolytes, can also supply for certain of their offices, namely, to
exercise the ministry of the word, to preside over liturgical prayers, to
confer baptism, and to distribute Holy Communion in accord with the
prescriptions of law.”
‘ Recognizing the practical facts and being
faithful to the possibilities in Sacrosanctum Concilium 29, the
General Instruction on the Roman Missal (nos. 68-70) has provided for
lay persons of either sex and without canonical limitation on age (although
clearly they must be old enough to do the service appropriately) to supply some
of the same services as installed rectors and acolytes. These additional roles
are classified in the pre-Code documents as liturgical ministries; although the
canon does not employ the same terminology, these services may still properly
be termed “ministries.” CCLTC, p. 168.
‘The 1917 Code restricted ministry at the altar to males (CIC 813).
The revised Code does not retain that canon; in virtue of canon 6, §1 it
ceases as Code law. However, canon 2 specifies that liturgical law
remains in effect. The provisions of the General Instruction on the Roman
Missal (no. 70) permit women to be appointed to ministries performed
outside the sanctuary. They may also be permitted to perform some that are
carried on inside the sanctuary; proclaiming the readings before the gospel is
explicitly mentioned (no. 70) and distribution of the Eucharist is referred to,
implicitly admitting women to the sanctuary (no. 68). Although a subsequent
instruction indicated that women are not allowed to serve as altar servers, the
Code no longer states this prohibition and the force of this later instruction
ceases. The provisions of the General Instruction on the Roman Missal
need to be interpreted in keeping with conditions of particular
churches.’ CCLTC, p. 168.
The extent of infallibility in the
magisterium
Canon 749, § 1. “The Supreme Pontiff, in virtue of his
office, possesses infallible teaching authority when, a supreme pastor and
teacher of all the faithful, whose task is to confirm his fellow believers in
the faith, he proclaims with a definitive act that a doctrine of faith and
morals is to be held as such.”
Canon 749, § 2. “The college of bishops also possesses
infallible teaching authority when the bishops exercise their teaching office
gathered together in an ecumenical council when, as teachers and judges of
faith and morals, they declare that for the universal Church a doctrine of
faith and morals must be definitively held; they also exercise it scattered
throughout the world but united in a bond of communion among themselves and
with the successor of Peter when together with that same Roman Pontiff in their
capacity as authentic teachers of faith and morals they agree on an opinion to
be held as definitive.”
Canon 749, § 3. “No doctrine is understood to be
infallibly defined unless it is clearly established as such.”
Levels of response to the
magisterium
Canon 750. “All that is contained in the written word of God
or in tradition, that is, in the one deposit of faith entrusted to the Church
and also proposed as divinely revealed either by the solemn magisterium of the
Church or by its ordinary and universal magisterium, must be believed with
divine and catholic faith; it is manifested by the common adherence of the
Christian faithful under the leadership of the sacred magisterium; therefore,
all are bound to avoid any doctrines whatever which are contrary to these
truths.
Canon 752. “A religious respect of intellect and will, even
if not the assent of faith, is to be paid to the teaching which the Supreme
Pontiff or the college of bishops enunciate on faith or morals when they
exercise the authentic magisterium even if they do not intend to proclaim it
with a definitive act; therefore the Christian faithful are to take care to
avoid whatever is not in harmony with that teaching.”
The teaching authority of
bishops
Canon 753. “Although they do not enjoy infallible teaching
authority, the bishops in communion with the head and members of the college,
whether as individuals or gathered in conferences of bishops or in particular
councils, are authentic teachers and instructors of the faith for the faithful
entrusted to their care; the faithful must adhere to the authentic teaching of
their own bishops with a religious assent of soul.”
Only men can receive Holy
Orders
Canon 1024. “Only a baptized male validly receives sacred
ordination.”
‘The question can be raised whether discrimination
based on sex is justified within the Church both because of the scriptural
warrant and because of the need for the Church to be consistent in practising
what it preaches if it is to be credible in its social magisterium.’
‘An earlier version of the listing of rights included a canon based on
Gaudium et Spes stating that the obligations and rights common to all
Christians apply without discrimination on the basis of, among other factors,
social condition or sex. This has not been retained in the final listing. There
has been, however, a genuine effort in the 1983 Code to eradicate many
expressions of sexual discrimination found in the former one. For example,
there is no longer discrimination on the basis of sex relative to domicile (c.
104), transfer of rite (c. 112), precautions clerics are to take to protect
continence (c. 277, §2), regulations concerning the confessional (c. 964)
or the place of marriage (c. 1115) or burial (c. 1177). In cases of converts,
polygamists and polyandrists are treated alike (c. 1148, §1). The law
concerning religious applies equally to men and women unless the text or nature
of the matter evidences otherwise (c. 606). The most notable exception is the
regulation on papal cloister, which applies only to monasteries of nuns (c.
667,. §3). Women may serve in tribunals even as judges (c. 1421, §2),
may be authorized to preach in churches (c. 766), and may be called to exercise
pastoral care of local communities (c. 517, §2). ’
‘ The major discrimination in the Code is between
clergy and laity, rather than between men and women. Two exceptions are the
restrictions to lay men of formal installation as lectors or acolytes (c. 230,
§ 1), and the impediment of abduction that can be incurred only when a man
abducts a woman and not vice versa (c. 1089).’
‘There remains, however, the exclusion of women from ordained ministry (c.
1024), and therefore from the offices, functions, and ministries that are
restricted to clerics. Not all of these entail an exercise of the power of
orders. For example, only the ordained are capable of exercising the power of
governance in the Church (c. 129, §1), and offices that entail the
exercise of that power are restricted to clerics (c. 274, §1).’
‘This does not exclude women from creative, active roles in the Church. To
implement the new way of thinking characteristic of the revised Code will take
time and effort, providing ample opportunity for all in the Church to explore
the full implications of the canons on equality, obligations, and rights. There
is need for further theological clarification of the relation between ordained
ministry and the power of governance, especially in light of the restriction
regarding women being ordained. It must also be admitted, however, that the
continued discrimination, even based on theological arguments, may be
discouraging to many in the Church.’ CCLTC, p. 141.
Read also:
- Marie-Thérèse Van Lunen Chénu and Louise
Wentholt, ‘The Status of Women in the Code of
Canon Law and in the United Nations Convention’, Praxis juridique
et religion 1 (1984) pp. 7-18.
- Marie-Thérèse Van Lunen Chenu,
“Human rights in the Church: a non-right
for women in the Church?” in Human Rights. The Christian
contribution, July 1998.
John Wijngaards
Follow @JohnWijngaards
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