Can I attend this Church ?

OUR LADY OF FATIMA

CATHOLIC CHURCH

Can I attend Our Lady of Fatima Catholic Church ?

Letter of Cardinal Oddi to a concerned Catholic.

Mass Obligation fulfilled by Assistance at Any Catholic Rite

Although Mrs Kennan in her letter to Cardinal Oddi speaks of her specific attachment to one chapel of the Society of St Pius X, it will be noted that the Cardinal in his reply makes no reference to the particular chapel nor indeed to the Society of St Pius X but rather states the canonical principle that assistance "at Mass is satisfied wherever Mass is celebrated in a Catholic rite" which applies equally to Our Lady of Fatima where the same Mass is celebrated according to the 1962 Missale Romanum - the very missal re-authorized for use by Pope Benedict XVI effective September 14, 2007.

The Canon Law Society of Great Britain and Ireland issued an authoritative commentary on the 1983 Code of Canon Law. Commenting on the provisions of this canon as cited by Silvio Cardinal Oddi we read:

"What of a Catholic who, on a Sunday or holy day of obligation, may for a good reason - e.g. because of public office, of a family relationship, even of a wish to be better informed - attends an Orthodox Church on a Sunday or holy day of obligation ? It is certainly a tenable view that, in accordance with the Directory concerning Ecumenical Matters of 1967, such a catholic will thereby have satisfied the obligation of assisting at Mass as determined by this canon."

The Canon Law Letter and Spirit, Canon Law Society of Great Britain and Ireland, Geoffrey Chapman, 1995, p. 701

Obviously if one may licitly and validly fulfill one's Sunday obligation in an Orthodox Church, what may be said of a Traditional Catholic Church ?

Pertinent Canons from the 1983 Code Of Canon Law

The general impression that most Catholics have is that they may not for any reason approach non-Catholics for the Sacraments. This was true until 1983. Catholics are often scared away from the Traditional Mass by priests who glibly cite half-remembered canons from 40 years ago. The current Code of Canon Law (issued by Pope John Paul II in 1983) has a far friendlier approach to the matter. You can now receive the Sacraments from even Non-Catholics ! If you can receive the Sacraments from Non-Catholics, what about Traditional Catholics ?

Catholics May Receive the Sacraments from Non-Catholics

"Whenever necessity requires it or true spiritual advantage suggests it, and provided that danger of error or of indifferentism is avoided, the Christian faithful for whom it is physically or morally impossible to approach a Catholic minister are permitted to receive the sacraments of penance, Eucharist, and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid." Can 844 paragraph 2

Even an Excommunicated Minister May Validly and Licitly
Provide the Sacraments including Confession to Laity for “any just reason”

And for those in danger of death and for any just reason Can. 1335:

"If a censure prohibits the celebration of the sacraments or sacramentals or the exercise of a power of governance, the prohibition is suspended whenever this is necessary to provide for the faithful who are in danger of death. If a latae sententiae censure has not been declared, the prohibition is also suspended whenever one of the faithful requests a sacrament or sacramental or an act of the power of governance; for any just reason it is lawful to make such a request."

Quite obviously it is the mind of the Church that Catholics have a right to save their souls and this canon states for any just reason. Interestingly enough jurisdiction (or the power of governance) is conceded by the Church to non-declared latae sententiae excommunicated clergy for those sacraments that require jurisdiction.

Canonist Father Thomas Green comments upon this new concession in the 1983 Code of Canon Law:

"In a danger-of-death situation, there are no ministerial restrictions on the censured cleric, no matter whether the censure is latae sententiae or ferendae sententiae. Outside of this extreme situation, the ministerial options are available only to the cleric who has incurred a latae sententiae censure which has not been declared. On the contrary the legislator restricts the cleric incurred either a declared latae sententiae censure or a ferendae sententiae censure. He may not minister to the faithful seeking a sacrament, sacramental, or act of the power of government for a just reason. If he attempts to do so, acts of the power of orders are valid but illicit."

The Code of Canon Law – A Text and Commentary, Canon Law Society of America, 1985, p 909

All of this is legalese which simply put means that if you approach a validly ordained minister for the Sacraments etc. the Sacraments will be validly received on the part of the petitioner no matter what the technical penalty the minister might have incurred.

The same canonist (Fr. Thomas Green) goes much further on this canon in the revised commentary on Canon Law produced by the Canon Law Society of America in 2000:

"The code recognizes a need to provide for the spiritual welfare of the faithful, particularly but not exclusively in certain extreme pastoral situations. Hence, this exceptional measure temporarily suspends the liturgical-governmental prohibitions affecting any censured cleric even if another cleric is available. (...)

In danger of death the censured cleric's activity is not restricted, whatever the nature of the censure. However, outside of this extreme pastoral situation, the same ministerial options are generally (84) available only to the cleric whose latae sententiae censure has not been formally declared by church authority. In such situations the faithful may generally seek such ministry for any just cause, e.g., deepening one's spiritual life.

New Commentary on the Code of Canon Law, Canon Law Society of America, 2000, p 1553

Thus a Catholic layperson may validly receive the Sacraments from an excommunicated cleric for any just cause i.e. spiritual well-being even when a cleric who is not excommunicated is available !

But there is a footnote in the text which reads as follows:

"(84) The term 'generally' is used because of a May 19, 1997 PCILT declaration that clerics attempting marriage and thereby incurring a latae sententiae suspension may normally not licitly minister to the faithful according to this canon even if their suspension is undeclared. Although certain married clerics may legitimately function in the Latin church, the attempted marriage of clerics not so authorized allegedly entails an objective ministerial unfitness. Hence the faithful may not legitimately seek the ministry of such clerics. No other cleric whose censure is undeclared is subject to such restrictions."

New Commentary on the Code of Canon Law, Canon Law Society of America, 2000, p 1553

Hence clergy who try to marry after ordination should not function as clergy and the faithful should not approach them, however any other clergy under non-declared censure may function and the laity have a right to their ministrations.

The next time you run into one of those priests who tries to scare you from the Traditional Mass with talk of heresy and schism - print off this page, hand it to him and tell him this is the law now !