Cardinal Newman Society

Cardinal Burke: Catholic colleges should require mandatum from theologians

Cardinal Newman Society
By Cardinal Newman Society

July 25, 2012 ( - Catholic families have a right to know which theology professors have the mandatum, and Catholic colleges and universities should require it as a condition for employment, affirmed the Vatican’s chief judge Cardinal Raymond Burke in a new report prompted by recent concerns from Pope Benedict XVI.

Cardinal Burke and several bishops, canon law experts, and theologians discussed the mandatum with The Cardinal Newman Society in an online report published today at

The report, titled “A Mandate for Fidelity,” follows upon a May 5th address by Pope Benedict to several American bishops during their ad limina visit to Rome.  The Pope expressed concern that “much remains to be done” toward the renewal of Catholic identity in U.S. Catholic colleges and universities, “especially in such areas as compliance with the mandate laid down in Canon 812 for those who teach theological disciplines.”

He cited “the confusion created by instances of apparent dissidence between some representatives of Catholic institutions and the Church’s pastoral leadership.”

Canon 812 of the Catholic Church’s canon law states, “Those who teach theological disciplines in any institutes of higher studies whatsoever must have a mandate from the competent ecclesiastical authority.”

As implemented by the U.S. bishops, a theology professor requests a “mandate” (commonly identified by the Latin mandatum) from the bishop presiding over the diocese where the theologian is employed.  The professor commits, in writing, “to teach authentic Catholic doctrine and to refrain from putting forth as Catholic teaching anything contrary to the Church’s Magisterium,” according to U.S. guidelines.

But in the United States, many Catholic colleges and universities have not required theology professors to have the mandatum, or even to disclose to students and their families which professors have the bishop’s recognition.  The 1990s saw vigorous opposition to the mandatum by some theologians and the Association of Catholic Colleges and Universities, but the controversy has since cooled down, largely because in practice the mandatum has not had much relevance to students and college leaders.

Now Pope Benedict’s concern about a lack of “compliance” with Canon 812 renews questions about Catholic colleges and universities’ obligations relative to the mandatum.  The Cardinal Newman Society asked several experts including Cardinal Burke, archbishop emeritus of St. Louis and prefect of the Supreme Tribunal of the Apostolic Signatura, the Vatican’s highest canon law court, to explain what canon law requires.

Citing Pope Benedict’s description of the mandatum as “a tangible expression of ecclesial communion and solidarity,” Cardinal Burke said:

It’s tangible in the sense that it’s a public declaration, in writing, on the part of the ecclesiastical authority that a theologian is teaching in communion with the Church, and people have a right to know that so that if you, for instance, are at a Catholic university or parents are sending their children to the Catholic university, they know that the professors who are teaching theological disciplines at the university are teaching in communion with the Church. They are assured in that by the public declaration of the diocesan bishop.

“The fact that I teach in accord with the Magisterium is a public factor,” added Cardinal Burke. “That’s not some private, secret thing between myself and the Lord.”

Father Thomas Weinandy, OFM Cap., executive director of the Secretariat for Doctrine and Pastoral Practices of the U.S. Conference of Catholic Bishops, told The Cardinal Newman Society that theology professors ought to be proud of receiving the mandatum, which is an honor “recognizing that theologians have a true vocation in the Church.”

I wouldn’t know why you wouldn’t want it to be public. The whole point is public recognition that somebody is truly a Catholic theologian. I don’t know why you would want to keep that hidden when the Church is bestowing the mandatum to recognize that somebody is truly a Catholic theologian.

Asked whether only theology professors with the mandatum should be employed at a Catholic college or university, Cardinal Burke responded “yes” and added:

…[T]he Catholic university will want that all its teachers of theology or the theological disciplines have a mandate and will not, of course, retain the professor in teaching Catholic theology or the theological disciplines who does not have a mandate, because to do so would be to call into question the whole raison d’etre of the university. If a Catholic university doesn’t distinguish itself for its care, that those who are teaching theology and the other theological disciplines are doing so in communion with the Magisterium, what reason does it have to exist?

In preparing the report, The Cardinal Newman Society consulted many other experts in theology and canon law, including Archbishop Emeritus Elden Curtiss of Omaha, Bishop Emeritus Joseph Martino of Scranton, Gregorian University canonist Fr. James Conn, SJ, canonist Robert Flummerfelt, and theologians Msgr. Stuart Swetland of Mount St. Mary’s University, Fr. Edward O’Connor, CSC, of the University of Notre Dame, Fr. Matthew Lamb of Ave Maria University, Brian Benestad of the University of Scranton, Larry Chapp of DeSales University, Mark Lowery and Christopher Malloy of the University of Dallas, and Dennis Martin of Loyola University Chicago.

The Cardinal Newman Society’s report, “A Mandate for Fidelity,” can be found here.

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Today’s chuckle: Rubio, Fiorina and Carson pardon a Thanksgiving turkey

Steve Jalsevac Steve Jalsevac Follow Steve
By Steve Jalsevac

A little bit of humour now and then is a good thing.

Happy Thanksgiving to all our American readers.

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Building of the European Court of Human Rights.
Lianne Laurence


BREAKING: Europe’s top human rights court slaps down German ban on pro-life leafletting

Lianne Laurence
By Lianne Laurence

STRASBOURG, France, November 26, 2015 (LifeSiteNews) – The European Court of Human Rights ruled Thursday that a German regional court violated a pro-life activist’s freedom of expression when it barred him from leafleting in front of an abortion center.

It further ruled the German court’s order that Klaus Gunter Annen not list the names of two abortion doctors on his website likewise violated the 64-year-old pro-life advocate’s right to freedom of expression.

The court’s November 26 decision is “a real moral victory,” says Gregor Puppinck, director of the Strasbourg-based European Center for Law and Justice, which intervened in Annen’s case. “It really upholds the freedom of speech for pro-life activists in Europe.”

Annen, a father of two from Weinam, a mid-sized city in the Rhine-Neckar triangle, has appealed to the Strasbourg-based European Court of Human Rights at least two times before, Puppinck told LifeSiteNews.

“This is the first time he made it,” he said, noting that this time around, Annen had support from the ECLJ and Alliance Defense Fund and the German Pro-life Federation (BVL). “I think he got more support, better arguments and so I think this helped.”

The court also ordered the German government to pay Annen costs of 13,696.87 EUR, or 14,530 USD.

Annen started distributing pamphlets outside a German abortion center ten years ago, ECLJ stated in a press release.

His leaflets contained the names and addresses of the two abortionists at the center, declared they were doing “unlawful abortions,” and stated in smaller print that, “the abortions were allowed by the German legislators and were not subject to criminal liability.”

Annen’s leaflets also stated that, “The murder of human beings in Auschwitz was unlawful, but the morally degraded NS State allowed the murder of innocent people and did not make it subject to criminal liability.” They referred to Annen’s website,, which listed a number of abortionists, including the two at the site he was leafleting.

In 2007, a German regional court barred Annen from pamphleteering in the vicinity of the abortion center, and ordered him to drop the name of the two abortion doctors from his website.

But the European Court of Human Rights ruled Thursday that the German courts had "failed to strike a fair balance between [Annen’s] right to freedom of expression and the doctor’s personality rights.”

The Court stated that, “there can be no doubt as to the acute sensitivity of the moral and ethical issues raised by the question of abortion or as to the importance of the public interest at stake.”

That means, stated ECLJ, that “freedom of expression in regard to abortion shall enjoy a full protection.”

ECLJ stated that the court noted Annen’s leaflets “made clear that the abortions performed in the clinic were not subject to criminal liability. Therefore, the statement that ‘unlawful abortions’ were being performed in the clinic was correct from a legal point of view.”

As for the Holocaust reference, the court stated that, “the applicant did not – at least not explicitly – equate abortion with the Holocaust.”  Rather, the reference was “a way of creating awareness of the more general fact that law might diverge from morality.”

The November 26 decision “is a quite good level of protection of freedom of speech for pro-life people,” observed Puppinck.

First, the European Court of Human Rights has permitted leafleting “in the direct proximate vicinity of the clinic, so there is no issue of zoning,” he told LifeSiteNews. “And second, the leaflets were mentioning the names of the doctors, and moreover, were mentioning the issue of the Holocaust, which made them quite strong leaflets.”

“And the court protected that.”

Annen has persevered in his pro-life awareness campaign through the years despite the restraints on his freedom.

“He did continue, and he did adapt,” Puppinck told LifeSiteNews. “He kept his freedom of speech as much as he could, but he continued to be sanctioned by the German authorities, and each time he went to the court of human rights. And this time, he won.”

ECLJ’s statement notes that “any party” has three months to appeal the November 26 decision.

However, as it stands, the European Court of Human Rights’s ruling affects “all the national courts,” noted Puppinck, and these will now “have to protect freedom of speech, recognize the freedom of speech for pro-lifers.”

“In the past, the courts have not always been very supportive of the freedom of speech of pro-life,” he said, so the ruling is “significant.”

As for Annen’s pro-life ministry, Pubbinck added: “He can continue to go and do, and I’m sure that he does, because he always did.”  

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A vibrant church in Africa. Pierre-Yves Babelon /
Pete Baklinski Pete Baklinski Follow Pete

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‘Soft racism’: German Bishops’ website attributes African Catholics’ strong faith to simplemindedness

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By Pete Baklinski

GERMANY, November 26, 2015 (LifeSiteNews) --  The only reason the Catholic Church is growing in Africa is because the people have a “rather low level” of education and accept “simple answers to difficult questions” involving marriage and sexuality, posited an article on the official website of the German Bishops' Conference posted yesterday. The article targeted particularly Cardinal Robert Sarah of Guinea, the Vatican's prefect of the Congregation for Divine Worship and ardent defender of Catholic tradition.

First Things blogger Leroy Huizenga, who translated a portion of the article, criticized the article's view as “soft racism.”

In his article, titled “The Romantic, Poor Church,” editor Björn Odendahl writes: 

So also in Africa. Of course the Church is growing there. It grows because the people are socially dependent and often have nothing else but their faith. It grows because the educational situation there is on average at a rather low level and the people accept simple answers to difficult questions (of faith) [sic]. Answers like those that Cardinal Sarah of Guinea provides. And even the growing number of priests is a result not only of missionary power but also a result of the fact that the priesthood is one of the few possibilities for social security on the dark continent.

Huizenga said that such an article has no place on a bishops’ conference website. 

“We all know that the German Bishops' Conference is one of the most progressive in the world. But it nevertheless beggars belief that such a statement would appear on the Conference's official website, with its lazy slander of African Christians and priests as poor and uneducated (Odendahl might as well have added ‘easy to command’) and its gratuitous swipe at Cardinal Sarah,” he wrote. 

“Natürlich progressives could never be guilty of such a sin and crime, but these words sure do suggest soft racism, the racism of elite white Western paternalism,” he added. 

African prelates have gained a solid reputation for being strong defenders of Catholic sexual morality because of their unwavering orthodox input into the recently concluded Synod on the Family in Rome. 

At one point during the Synod, Cardinal Robert Sarah urged Catholic leaders to recognize as the greatest modern enemies of the family what he called the twin “demonic” “apocalyptic beasts” of “the idolatry of Western freedom” and “Islamic fundamentalism.”

STORY: Cardinal Danneels warns African bishops to avoid ‘triumphalism’

“What Nazi-Fascism and Communism were in the 20th century, Western homosexual and abortion ideologies and Islamic fanaticism are today,” he said during his speech at the Synod last month. 

But African prelates’ adherence to orthodoxy has earned them enemies, especially from the camp of Western prelates bent on forming the Catholic Church in their own image and likeness, not according to Scripture, tradition, and the teaching magisterium of the Church. 

During last year’s Synod, German Cardinal Walter Kasper went as far as stating that the voice of African Catholics in the area of Church teaching on homosexuality should simply be dismissed.

African cardinals “should not tell us too much what we have to do,” he said in an October 2014 interview with ZENIT, adding that African countries are "very different, especially about gays.” 

Earlier this month Belgian Cardinal Godfried Danneels, instead of praising Africa for its vibrant and flourishing Catholicism, said that African prelates will one day have to look to Europe to get what he called “useful tips” on how to deal with “secularization” and “individualism.” 

The statement was criticized by one pro-family advocate as “patronizing of the worst kind” in light of the facts that numerous European churches are practically empty, vocations to the priesthood and religious life are stagnant, and the Catholic faith in Europe, especially in Belgium, is overall in decline.

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