Skip to content
Catholic Online Logo

By Deacon Keith Fournier

1/21/2011 (3 years ago)

Catholic Online (www.catholic.org)

We need a clarification of Canon #277 which dispels confusion

A highly regarded Canon Lawyer claims that married men ordained to the diaconate or the priesthood in the Roman Catholic Church must practice continence. What does Canon #277 say and what does it mean? Will the discussion raised by Canon lawyer Edward Peters reach Rome? With the coming infusion of married men serving as Priests and deacons it is time for a clarification of Canon #277 which dispels confusion.

The wives of the first three priests of the Anglican ordinariate in the Catholic Church bring forth their priestly vestments during the Rite of ordination in Westminster Cathedral.

The wives of the first three priests of the Anglican ordinariate in the Catholic Church bring forth their priestly vestments during the Rite of ordination in Westminster Cathedral.

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

1/21/2011 (3 years ago)

Published in U.S.

Keywords: Celibacy, Chastity, Deacons, Priests, Marriage, Edward Peters, Deacon Keith Fournier, Orthodox, Catholic, Deacon Greg Kandra


CHESAPEAKE, Va. (Catholic Online) - After my morning prayer on the Feast of St Anthony I reflected on the excerpt on the Life of Anthony by St. Athanasius in the Office of Readings entitled "St. Anthony receives his vocation". I was moved by the naturally supernatural way in which this great ascetic and disciple of Christ lived his calling in the ordinary day to day world in which he found himself.

After receiving his call to the monastic life, and before he went into the desert, he began to live his vocation in the exigencies of real life. He cared for his sister who was orphaned when both parents died. In doing so he allowed his vocation to be forged and formed in the fire of daily experience and it took shape. I resolved in prayer to try even harder to do the same as a husband, father, grandfather and deacon of the Church.

I then opened my E mail and found a letter from Deacon Greg Kandra, a man whom I respect. It was sent to a list of deacons and concerned an article written by a Canon lawyer, Edward Peters, a man whom I also respect. Edward Peters has reintroduced the discussion of Canon #277 of the Code of Canon Law and the practice of clerical celibacy in the Latin Rite of the Catholic Church in a post entitled "Canon 277 and clerical continence in the Roman Church."   

His claim is not new. He joins others such as Father Ray Ryland in asserting that married men who enter the clerical state should practice continence, including married deacons and priests. I often visit Ed's excellent blog on Canon Law. I am also a fan of his son, Thomas Peters, of the American Papist/ Catholic Vote. Thomas also posted a piece entitled "Church Law says Permanent Deacons (and all clerics) are obliged to abstain from sex, notes Canonist Edward Peters {updated}" 

I am not a Canon Lawyer but a Civil lawyer. However, I have studied Church history and theology and have served as a member of the Catholic Clergy, a deacon, for fifteen years. I am familiar with the ongoing dialogue and debate concerning Canon #277 and the underlying issues involved. They lead us back to the earliest centuries of Church history and the early pronouncements of Church Councils  concerning clerical celibacy.

I found it intriguing that this discussion began on the weekend on which the announcement was made that the Venerable John Paul II will be raised to the altar. There is no doubt that his work, popularly called the "Theology of the Body", is at the epicenter of the resurgence of important theological work on nuptiality,  conjugal love, marriage, and the complimentarity of consecrated celibacy and marital chastity. 

It also came on the weekend when the first three priests of the Anglican Ordinariate were ordained. Former Bishops of the Anglican Church, these married men laid aside Episcopal office. They did so out of love for the Catholic Church, a hunger for full communion, and respect for the ancient practice, even in the Eastern Churches, that Bishops must be chosen from among the celibate clergy. However, they did not - nor were they asked to - pledge to remain continent within their marriages. In a beautiful part of the Ordination Liturgy, their wives actually brought forward their priestly vestments.

Perhaps it is also not accidental that this is the Feast of St. Anthony. The Egyptian Saint Paphnutius, his disciple and student, is often raised in discussions on the admission of married men to the diaconate and priesthood. Many scholars say the saint was a legend; others disagree. Eastern Christians, both Orthodox and Catholic, point to his purported intervention at the Council of Nicea opposing mandatory continence for married clerics. Some others claim that even if he was a legend, his position was confirmed at local Church Councils such as the Fourth Century Council of Gangra.

I write with deep appreciation for the celibate vocation among the ordained ministers of the Church, the religious orders and the growing lay ecclesial movements. I have had the privilege of knowing some profoundly holy consecrated celibates. Consecrated celibacy "for the kingdom" is a prophetic witness in every age. It is a particularly poignant and effective one in an age which is losing its soul, partly because it has followed the path of nihilism and utilitarianism on many fronts, including its view of human sexuality.

The fact that the issue of continence for married men who serve as deacons is now being raised by someone as credible as Edward Peters invites us to reflect on consecrated celibacy as well as chaste Christian marriage. Deacon Greg Kandra's E-Mail message to me was captioned "Off to the cold showers, men". I presumed the caption was meant to be humorous. However, I found it to be unfortunate. It minimized the issues raised by the interpretation of Canon #277 offered by Edward Peters and did not really affirm the dignity of Christian marriage.  

The Marital embrace is an expression of the gift at the heart of the Sacrament of Love, Christian Marriage. It is not some concession to disordered passions but rather about those passions transfigured by grace.  Marriage in Christ is a vocational call to the evangelical counsels. Chastity is binding on all the faithful and practiced in accordance with one's state in life, including marriage. The vocation of a chaste Christian marriage - and the family built upon it - is a prophetic witness in an age that is hostile to fidelity.

To use an old cliché "some of my best friends" are priests and deacons, both celibate and married. They are all living their vocation with dignity and holiness. Within that community of celibate and married priests, there are different kinds of ministry, in the one priesthood of Jesus Christ. The Eastern Church, both Catholic and Orthodox, assigns married priests to different types of ministry than celibate priests. Similarly, in the Latin rite, married men ordained to the priesthood serve in a manner that reflects and respects their state in life and offers its pastoral witness as a gift to the whole Church.

In the Eastern Catholic Church there is an unbroken tradition of admitting both celibate and married men to candidacy for the order of deacon and priest. The men must have married before ordination as deacons. In the Code of Canon Law for the Eastern Churches we read: "Clerical celibacy chosen for the Kingdom of Heaven and suited to the priesthood is to be greatly esteemed everywhere, as supported by the tradition of the whole church; likewise, the hallowed practice of married clerics in the primitive church and in the tradition of the Eastern Churches throughout the ages is to be held in honor. Clerics, celibate or married, are to excel in the virtue of chastity; it is for the particular law to establish suitable means for pursuing this end. In leading family life and in educating children married clergy are to show an outstanding example to other Christian faithful." (Canons # 373-375)

We now have married men within the body of Catholic clergy, deacons and priests.  We must learn from this fact and trust that the Lord is behind it. At the foundation of both consecrated celibacy and sacramental marriage is a call to live the nuptial mystery. The consecrated celibate does so in an immediate and prophetic way, while the married man does so in a mediated way, through their chaste love with one woman and the couple's openness to life. Both responses have a prophetic dimension as well as a pastoral one.

If, as Edward Peters and others including Fr. Ray Ryland assert, the Latin Code of Canon Law raises impediments to this lived experience of a married diaconate or a married priesthood which allows for the sexual expression of married love, there is a serious need for a clarification of Canon #277. 

When I was invited to Holy Orders as a deacon, I knew that it was a vocation. As a Married man I pledged to embrace celibacy if my wife should predecease me. My wife gave her consent. I soon came to understand the theology I had studied; there truly is an "ontological" change that occurs at ordination. My life was turned upside down and has never been the same. I believe there is room in the Catholic Church, East and West, for a celibate and a married clergy, deacons and priests. Both consecrated celibacy and consecrated Christian marriage are a response to the invitation to holiness and a gift to the whole Church because they both participate in the one nuptial mystery revealed in Jesus Christ.

The prophetic witness of celibacy has endured beyond the ranks of celibate clergy. It is also preserved in the inspired vowed life of monastic orders, the sacrificial witness of religious men and women, and the increasing new ecclesial associations of lay men and woman, who have chosen it, not to avoid marriage, but to enter more fully into the very nuptial mystery that marriage also reveals, but in a unique and prophetic way.

I hope that the discussion raised by Canon lawyer Edward Peters reaches Rome. With the coming infusion of married men serving as Priests it is time for a clarification of Canon #277 which dispels confusion. If that clarification were to result in a direction from the Magisterium of the Church asking married men serving as Deacons to embrace marital continence, my wife and I would prayerfully follow the Church. In so doing we would have the witness of many couples who have done the same to follow. One of the recent examples was Fr Eddie Doherty and Catherine de Hueck Doherty, co-founders of the Madonna House Apostolate. Their story, contained in "The Life of Eddie Doherty" is well worth reading. 

However, I expect that the continued work of the Holy Spirit in bringing about the full communion of the One Church will lead to something else, the recovery of the ancient practice of allowing both celibate and married men to discern whether they are called to ordered service as deacons or priests. As the witness of the Eastern Church has confirmed, such an approach has not lessened the respect for and embrace of consecrated celibacy among the clergy. It has, in fact, enhanced the whole Church.

Finally, this recent discussion on Catholic Deacons, celibacy, conjugal love, continence and chastity calls for a recognition and application of the principles of charitable disagreement among Christians. Edward Peter's article is a credible and scholarly work which deserves a serious and respectful response.

---


Pope Francis: end world hunger through 'Prayer and Action'


© 2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for October 2014
Peace:
That the Lord may grant peace to those parts of the world most battered by war and violence.
World Mission Day: That World Mission Day may rekindle in every believer zeal for carrying the Gospel into all the world.



Comments


More U.S.

BREAKING NEWS - School shooting in Washington state leaves 2 dead, five injured Watch

Image of Kids and parents react to news of the shooting.

By Catholic Online (NEWS CONSORTIUM)

A shooting has occurred at a school in Washington, in which authorities believe a bullied student shot and killed another. The shooter is also believed to be dead. LOS ANGELES, CA (Catholic Online) - A school shooting has taken place at Marysville-Pilchuck High School ... continue reading


Guns Do Not Have Rights, People Do. Legitimate Self Defense is One of Them

Image of Guns have no rights, only people do.Yes, one of them is the Right to Self Defense - and the Right to defend your neighbor. You may ask,

By Keith A. Fournier

We live in a precarious time in the United States of America. Many of us are deeply concerned about the effort to infringe upon the fundamental rights which were delineated in the Bill of Rights to the United States Constitution. I have written extensively about ... continue reading


Rest in Peace, Msgr. Lorenzo Albacete: Communion and Liberation Priest Enters Eternal Encounter Watch

Image of Msgr. Lorenzo Albacete was a leader in the ecclesial movement called Communion and Liberation. He was also a gifted writer, known for his naturally supernatural holiness of life. Those whom he touched are a living testimony to a life - and a priesthood - which was well lived. In encountering him, they encountered Jesus Christ. That experience is the very heart of the Gospel, the meaning of the Christian claim. It is the key to understanding the Church. It is the spirituality of Communion and Liberation.

By Deacon Keith A Fournier

As we pause to honor Msgr. Lorenzo Albacete, Communion and Liberation Priest, may our prayers accompany him, lighting his passage into the eternal encounter with the Lord whom he loves. Let us also ask for his prayers - and follow his example. Let us decide to ... continue reading


How far will it spread? A New York doctor has tested positive for Ebola Watch

Image of 33-year-old Craig Spencer, a member of Doctors Without Borders, had recently returned to the U.S. after treating Ebola patients in Guinea.

By Catholic Online (NEWS CONSORTIUM)

A New York doctor who had recently returned from Guinea has tested positive for Ebola, the fourth person diagnosed with the disease in the United States. LOS ANGELES, CA (Catholic Online) - Craig Spencer worked for Doctors Without Borders where he was treating ... continue reading


Same-sex couples line up to be wed in Wyoming Watch

Image of After the state formally dropped its defense of a law defining marriage as a union between one man and one woman, Jennifer Mumaugh says that attitudes across the state have shifted in recent years to be more open to gay couples.

By Catholic Online (NEWS CONSORTIUM)

Same-sex couples began lining up around the block in Wyoming for marriage licenses this week. U.S. District Judge Scott W. Skavdahl, appointed by President Barack Obama struck down the state's gay marriage ban last week. LOS ANGELES, CA (Catholic Online) - ... continue reading


Will they riot after this? Autopsy, analysis shows officer Wilson was telling the truth Watch

Image of New analysis and witness reports suggest that officer Darren Wilson was being attacked by Michael Brown and shot him in self defense.

By Catholic Online (NEWS CONSORTIUM)

New evidence from Ferguson Missouri seems to vindicate the testimony of officer Darren Wilson, showing that the fatal shooting of Michael Brown may not be as cut and dry as many of the protestors in the area believe. LOS ANGELES, CA (Catholic Online) - According to ... continue reading


Is this a sign of things to come? 2014 midterm most expensive on record Watch

Image of Early voting has already started in several states including Kansas and Illinois.

By Catholic Online (NEWS CONSORTIUM)

Well underway, the 2014 midterms are set to be the most expensive midterms ever, according to projections that the Center for Responsive Politics released on October 22. LOS ANGELES, CA (Catholic Online) - While heavily overshadowed by global affairs like the ... continue reading


ACTIVE SHOOTER - Kids, teachers, community terrorized by admin, police at Thompson Jr. HS in Bakersfield in the name of safety? Watch

Image of Terrorization in the name of safety is still terror.

By Catholic Online (NEWS CONSORTIUM)

The latest school shooting did not make the national news yesterday because allegedly it was an act of domestic terrorism perpetrated against kids and a working-class community in the name of safety. For about 30 minutes on Tuesday, students, faculty, and their parents ... continue reading


Catholic school forbids Hollywood lesbian drama from shooting on location Watch

Image of In the scene to be filmed at the school, Moore's character, a New Jersey police detective with terminal cancer, applies for a domestic partnership with her partner, played by Page in order to pass on her pension legally after her death.

By Catholic Online (NEWS CONSORTIUM)

While actresses Julianne Moore and Ellen Page are big names in filmland, their largesse didn't get them past the authorities at Salesian High School in New Rochelle, New York. The catholic school has declined their request to use their location for a ... continue reading


On the Feast of St. John Paul II, His Prophetic Warning to the U.S. Requires a Response Watch

Image of Deacon Keith Fournier standing under the beautiful bronze statue of John Paul II in Denver, Colorado.

By Deacon Keith A Fournier

In an address given during that 1976 Eucharistic Congress in Philadelphia for the bicentennial celebration of the signing of the Declaration of Independence, Cardinal Karol Wojtyla spoke some words which I believe were prophetic. - We are now standing in the face ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Ephesians 4:1-6
1 I, the prisoner in the Lord, urge you therefore to ... Read More

Psalm, Psalms 24:1-2, 3-4, 5-6
1 [Psalm Of David] To Yahweh belong the earth and all ... Read More

Gospel, Luke 12:54-59
54 He said again to the crowds, 'When you see a cloud ... Read More

Saint of the Day

Saint of the Day for October 24th, 2014 Image

St. Anthony Mary Claret
October 24: Claretian archbishop and founder. Anthony was born in Salient in ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter