Steve Jalsevac

Father Guarnizo and the nitty gritty of Canon Law and refusing Holy Communion

Steve Jalsevac
Steve Jalsevac

March 28, 2012 (LifeSiteNews.com) –  In light of the recent news about the Archdiocese of Washington apologizing to an open lesbian for Communion being denied her at a funeral, a U.S. priest canonist has submitted to LifeSiteNews this unsolicited analysis of Catholic Canon Law on the matter.  The priest is known to LifeSiteNews but must remain publicly unnamed.

We are including this detailed analysis since the fact that they have not been denied Catholic sacraments has been a large factor in helping very influential, obstinately pro-abortion or anti-family Catholic politicians and activists (Nancy Pelosi, Ted Kennedy, Kathleen Sibelius, Tony Blair, etc.) to legitimize their damaging actions, while still claiming to be in good standing with the Church. The Catholic public figures have in many cases been top leaders of actions against the protection of innocent human life and the family.

There is a growing clamor among pro-life and pro-family leaders, many laity and even from non-Catholics demanding that the Catholic Church end this damaging scandal by using its Canon 915 as an act of charity for the offenders, their victims and the wider community.


A Canonical Defense of Father Marcel Guarnizo

As a priest and canon lawyer, I’d like in canonical terms, to revisit the controversial events surrounding the denial of Holy Communion to Barbara Johnson by Father Marcel Guarnizo. First of all, while I agree with many of the points by the very well-respected canonist Dr. Ed Peters, I believe that even with the rather limited information currently available, Father Guarnizo very possibly and correctly satisfied the conditions of canon 915 in denying Holy Communion to Barbara Johnson. Secondly, I would like to comment on Father Guarnizo’s unjust “administrative leave” in light of the Code of Canon Law.

Canon 915 and Father Guarnizo

The first rule of interpretation in canon law is to read the canon.  Canon 915 reads:

“Those upon whom the penalty of excommunication or interdict has been imposed, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

As Ed Peters clearly points out, canon 915 lays an obligation on the minister distributing Holy Communion to deny Holy Communion to certain parties. Who are these parties? The first two parties are those who have been excommunicated or interdicted by imposition or declaration. The third party to be denied Holy Communion are those who fulfill all of the following three conditions, i.e., those who

1. Obstinately persist
2. in manifest
3. grave sin.

How is this canon to be interpreted? Ed Peters rightly mentions a general norm:

Can. 18 - “Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.”

as well as canon 912:

Can. 912 - “Any baptized person not prohibited by law can and must be admitted to Holy Communion.”

On the other hand, Father William Byrne, Secretary for Pastoral Ministry and Social Concerns, in the Archdiocese of Washington’s press release, states,

“We should receive Jesus with the intention of becoming more like Him. No one is entitled to the Eucharist. It is a free gift and should be received with humility and reverence.”

Ed Peters is again correct to say that the burden lies upon Father Guarnizo to prove he satisfied the requirements of canon 915. On the other hand, canon 915 lays a grave obligation on the minister of Holy Communion to protect the Eucharist from sacrilege and to prevent scandal. It goes without saying that the minister who violates canon 915 should be justly punished.

Ed Peters summarily explains why Father Guarnizo does not fufill the conditions of canon 915:

“Guarnizo did not know, and could not have verified, whether Johnson’s sin (speaking objectively), which could be grave (a conclusion I think a Catholic could reach based on the words used here) was also manifest, as well as obstinate and perseverating (sic). “

This statement raises a question. Given the extremely limited information we currently have from a variety of sources, how exactly does Ed Peters judge that Father “Guarnizo did not know, and could not have verified” Barbara Johnson was not a manifest, grave sinner? It is safe to assume that Ed Peters was not present at the chapel for the funeral, nor was he in the sacristy, nor does he have knowledge of who or how many persons witnessed the conversation that took place between Father Guarnizo and Barbara Johnson.

Ed Peters goes on to quote a number of very reputable and traditional Catholic moralists and manualists who express in various terms the meaning of canon 915. Let’s look carefully at canon 915. Here’s the canon again:

Canon 915 - “Those upon whom the penalty of excommunication or interdict has been imposed, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

What is the purpose of canon 915? Cardinal Raymond Burke, Prefect of the Apostolic Signatura (the highest tribunal in the Church) answers this question in a paper regarding the liciety of admitting pro-abortion politicians to Holy Communion in light of canon 915. (For those who haven’t read the paper, the quick answer is “no”.) Cardinal Burke states that Canon 915 exists primarily to prevent sacrilege while at the same time preventing our Greatest Good from being violated. His Eminence also remarked in the Jesuit periodical America Magazine that,

“Canon 915 deals with the state of someone who persists in an open, serious moral violation and so has gravely sinned. This means you can’t receive Communion, but it is not saying you are excommunicated. It’s just saying you have broken, in a very serious way, your communion with God and with the Church and therefore are not able to receive Holy Communion.”

The same point is implied in St. Paul’s scolding of the Corinthian Christians during Mass:

“For he that eateth and drinketh unworthily, eateth and drinketh judgment to himself, not discerning the body of the Lord.”

The minister who applies canon 915 actually does the sinner a great service in charity by preventing him from committing another grave sin.

The secondary purpose of canon 915 is the prevention of scandal. What is scandal? Cardinal Burke says:

“The first and properly theological meaning of scandal is to do or omit something which leads others into error or sin. The second meaning is to do or omit something which causes wonderment (admiratio) in others. Denying Holy Communion publicly to the occult sinner involves scandal in the second sense. Giving Holy Communion to the obstinately serious and public sinner involves scandal in the first sense.”

In his Summa Theologiae, St. Thomas Aquinas says that although there is a need for the minister distributing Holy Communion to protect the good name of the hidden sinner, there is also an obligation to protect the Eucharist from sacrilege by a public sinner.

Since Barbara Johnson doesn’t fall into the first two categories of canon 915, let’s see she if she fulfills the following three conditions for the last category of persons, i.e., those who

1. Obstinately persist
2. in manifest
3. grave sin.

1. Obstinately persist

What does it mean to “obstinately persist”?

The Pontifical Council for Legislative Texts (PCLT), the department of the Vatican whose job it is to interpret authentically both universal and particular laws in the Church, states that this phrase “obstinate persistence” is

“the existence of an objective situation of sin that endures in time and which the will of the individual member of the faithful does not bring to an end, no other requirements (attitude of defiance, prior warning, etc.) being necessary to establish the fundamental gravity of “the situation in the Church.”

“Obstinate persistence” denotes an objective (not subjective) state. Although commonly misunderstood, it is not necessary that warnings be issued in order to judge “obstinate persistence”.

Before the funeral Mass, Barbara Johnson declared her homosexual status by introducing her lesbian lover to Father Guarnizo. What was the purpose of this action? We now know, from media reports, that Barbara has been with her partner for 20 years.

We also know that Barbara Johnson walked out of the sacristy while her lover blocked the doorway.

2. “Manifest”

What does “manifest” mean?

Among the leading canon lawyers currently living in North America is Professor John Huels at St. Paul’s University. In his 1985 commentary on canon 915, Professor Huels writes that, “a manifest sin is one which is publicly known, even if only by a few.”

Although tempting, it is not possible completely to equate the term “manifest” with the term “public”, since, in the 1917 Code these two adjectives are used to describe those who are not allowed a Catholic funeral. (1917 Code of Canon Law, c. 1240. Alii peccatores publici et manifesti [Other public and manifest sinners])If “manifest” were exactly the same as“public”, why would the legislator have used both terms?“  Manifest” can also refer to the fact that certain moral actions by their very essence are always immoral and are objectively wrong.For example, we say that it is“manifest” or clear, i.e., there is no doubt, that a certain moral action is definitely wrong.The term “manifest”would certainly in its definition, a politician who is actively attempting to pass legislation to facilitate direct abortions. Understandably there is overlapping in meaning but the the term “public” can mean “that which is provable in the external forum.”

The Jesuit theologian Father Davis, in his classic Moral and Pastoral Theology published in 1938, declared that,

“He is, relatively speaking, a public sinner, if he is known to be such by those who observe that he asks for the Sacraments. He is said to ask for them publicly, if he does so, in the presence of any others, many or few, who would recognize him as a public sinner.”

The ancient Rituale Romanum stated:

“All the faithful are to be admitted to Holy Communion, except those who are prohibited for a just reason. The publicly unworthy, which are the excommunicated, those under interdict, and the manifestly infamous, such as prostitutes, those cohabiting, usurers, sorcerers, fortune-tellers, blasphemers and other sinners of the public kind, are, however, to be prevented, unless their penitence and amendment has been established and they will have repaired the public scandal.”

Furthermore, as Cardinal Burke mentions in his commentary on canon 915,

“Regarding the denial of Holy Communion, the [1720 Ruthenian] Synod made its own the perennial discipline of the Church:

“Heretics, schismatics, the excommunicated, the interdicted, public criminals, the openly infamous, as also prostitutes, the publicly cohabiting, major usurers, fortune-tellers, and other evil-doing men of the same kind, however, are not to be admitted to the reception of this Sacrament, according to the precept of Christ: ‘Do not give the Holy to dogs’. “

A notorious act here means an act that cannot be concealed.

The well-respected Father William Woestman adds that,

“the public reception of Communion by a public sinner implies that the Church and her ministers somehow condone the public serious sin.”

An author that Ed Peters is familiar with and recommends is the Dominican Father Halligan. Father Halligan, in Administration of the Sacraments, states that a crime

“is public, if it is already divulged or is so situated that it may and must be concluded that it will easily become commonly known.”

Who else was present in the sacristy on the day of Barbara Johnson’s mother’s funeral? Who else could have heard the conversation that took place between Father Guarnizo and Barbara Johnson? Usually before a liturgical ceremony such as a funeral, a number persons can be present in the sacristy (e.g., altar servers, schola members, members of the recently deceased, the parish secretary, etc.).

In addition, reasonableness is assumed in law. Is it not reasonable that the community, largely made up of Barbara Johnson’s family, knew of her lesbian relationship before the funeral if not at least at the funeral?

At family gatherings like funerals or weddings, people “catch up” and learn how everyone and everything has been going since the last funeral or wedding. People find out family news. Even strangers discover a little bit about who’s related to whom and so on. Is it not very reasonable that more than a few people present in that church building knew about the lesbian relationship between Barbara Johnson and her lover?

Every human being lives in a community. What about the community of which Barbara Johnson is a member and amongst whom she lives? Are they supposed to assume that Barbara Johnson received Holy Communion just like everybody else? Doesn’t this create scandal in Cardinal Burke’s first sense where the faithful are led into error about who is worthy to receive Holy Communion?

An unnamed source present at the funeral mentioned that most of the congregation was mysteriously not made up of those around the age of the recently deceased mother but were more around the age of Barbara Johnson. An unusually small percentage of people came up to receive Holy Communion. If these were friends of Barbara Johnson, what about the possible scandal that could have taken place if Father Gaurnizo had given her Holy Communion? This witness is confident that the vast majority of the persons present for the funeral knew about the lesbian “lifestyle” of Barbara Johnson.

3. Grave sin.


Regarding “Grave Sin”, the Pontifical Council for Legislative Texts declares that this is, “understood objectively, being that the minister of Communion would not be able to judge from subjective imputability.”

Now that we’ve walked through a working description of the phrase in canon 915 asserting that those who “obstinately persist in manifest grave sin, are not to be admitted to Holy Communion,” what is a concrete example of people who fall into this category? The answer is given to us by Blessed Pope John Paul II, Cardinal Ratzinger, Prefect of the Congregation for the Doctrine of the Faith, the Catholic Catechism and again, the Pontifical Council for Legislative Texts.

Blessed John Paul II in Familaris Consortio in 1982:

“The Church reaffirms her practice, which is based upon Sacred Scripture, of not admitting to Eucharistic Communion divorced persons who have remarried. They are unable to be admitted hereto from the fact that their state and condition of life objectively contradict the union of love between Christ and the Church which is signified by the Eucharist. Besides this, there is a another special pastoral reason: if these people were admitted to the Eucharist, the faithful would be led into error and confusion regarding the Church’s teaching about the indissolubility of marriage.”

Cardinal Ratzinger, Prefect of the Congregation for the Doctrine of the Faith in 1991:

“As far as the internal forum solution is concerned as a means of resolving the question of the validity of a prior marriage, the magisterium has not sanctioned its use for a number of reasons, among which is the inherent contradiction of resolving something in the internal forum which by its nature also pertains to and has such important consequences for the external forum.”

Catechism of the Catholic Church, numbers 1650-1651:

“If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive Eucharistic Communion as long as this situation persists. “

Pontifical Commission for Legislative Texts in 2000:

“In effect, the reception of the Body of Christ when one is publicly unworthy constitutes an objective harm to the ecclesial communion: it is a behavior that affects the rights of the Church and of all the faithful to live in accord with the exigencies of that communion. In the concrete case of the admission to Holy Communion of faithful who are divorced and remarried, the scandal, understood as an action that prompts others towards wrongdoing, affects at the same time both the sacrament of the Eucharist and the indissolubility of marriage. That scandal exists even if such behavior, unfortunately, no longer arouses surprise: in fact it is precisely with respect to the deformation of the conscience that it becomes more necessary for Pastors to act, with as much patience as firmness, as a protection to the sanctity of the Sacraments and a defense of Christian morality, and for the correct formation of the faithful.”

The noted 1917 Code commentar Fr. Lincoln Bouscaren, SJ, in Canon Law Digest (vol. 1, 408-409) also relates the case of

“a woman that was living in open concubinage with a relative, went to confession to a missionary, and was admitted by him to Holy Communion. The pastor of the church questioned the propriety of this course of action on the part of the missionary, and referred the matter to the Ordinary of the place. The latter forbade the admission of the woman to Holy Communion until she should have separated from the man with whom she was living. From this decree, the missionary had recourse tot he Sacred Congregation of the Council.

Question: Whether the decree of the Ordinary is to be obeyed.
Reply: In the affirmative.”

Father William Woestman logically concludes that

“the same principles apply to everyone whose habitual lifestyle is manifestly gravely sinful, e.g., the unmarried “living together,” homosexuals or lesbians in a public relationship, those actively participating in the performance of abortions, drug traffickers, gang members.”

We can see that Ed Peters clearly contradicts the point reinterated by Father Woestmann:

“I think that withholding Holy Communion from those divorced and remarried outside the Church is an application of Canon 915 (see, e.g., Kelly, in GB&I COMM [1995] 503), but I need not prove that point to show that withholding the Eucharist from divorced-and-remarrieds, that is, those who status is de iure public, is appropriate under, among other things, the 1994 CDF Letter on Communion for Divorced and Remarried Catholics, n. 6.  Of course, as Johnson is apparently not divorced and remarried outside the Church, and because Guarnizo did not suspect her of being so, his implicit appeal to the CDF letter and/or c. 915, fails in law and in fact.”

Objectively, homosexuality is graver than adultery. I don’t understand why Dr. Peters says that it is licit to use canon 915 to deny Holy Communion to those who are divorced and have remarried but it is not licit to use canon 915 for a lesbian in a homosexual relationship.

Up to this point, we’ve applied our attention to law relevant to the particular situation of Baabara Johnson. Now we ask, what should be done practically in a concrete situation?

The Pontifical Council for Legislative Texts again provides the answer:

“Naturally, pastoral prudence would strongly suggest the avoidance of instances of public denial of Holy Communion. Pastors must strive to explain to the concerned faithful the true ecclesial sense of the norm, in such a way that they would be able to understand it or at least respect it. In those situations, however, in which these precautionary measures have not had their effect or in which they were not possible, the minister of Communion must refuse to distribute it to those who are publicly unworthy. They are to do this with extreme charity, and are to look for the opportune moment to explain the reasons that required the refusal. They must, however, do this with firmness, conscious of the value that such signs of strength have for the good of the Church and of souls.”

“The discernment of cases in which the faithful who find themselves in the described condition are to be excluded from Eucharistic Communion is the responsibility of the Priest who is responsible for the community.”

We know that Father Guarnizo did not make the funeral arrangments for Barbara Johnson’s mother. We also know that after hearing confessions from 9:30-10:20am, Father Guarnizo wanted to speak with Barbara before the 10:30am funeral Mass but was blocked by Barbara Johnson’s lover. We also know that Father Guarnizo’s action to deny Holy Communion to Barbara Johnson was extremely discreet.

Red alert! Last call.

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Pope tells Girl Scouts to oppose ‘ideologies’ against God’s design for marriage

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By Thaddeus Baklinski

ROME, June 30, 2015 (LifeSiteNews) – Pope Francis told Girl Scout and Girl Guide leaders from across the globe last week that it is essential they promote respect for marriage and family according to God’s design.

The pope’s remarks came as both the international organization, World Association of Girl Guides and Girl Scouts, and Girl Scouts USA face criticism over support for abortion, homosexuality, transgenderism, and contraception.

"It is very important today that a woman be adequately appreciated, and that she be able to take up fully the place that corresponds to her, be it in the Church, be it in society,” Pope Francis said in his address on the morning of June 26, prior to the U.S. Supreme Court’s decision imposing same-sex “marriage” on the country.

In the face of ideologies that seek to destroy the truths about marriage and family, he said, the formation of girls through Guiding "is absolutely determinant for the future."

"We are in a world in which the most contrary ideologies are spreading to the nature and design of God on the family and on marriage. Therefore, it is a question of educating girls not only to the beauty and grandeur of their vocation of women, in a just and differentiated relation between man and woman, but also to assume important responsibilities in the Church and in society," Pope Francis said.

The pope spoke during a private audience at the world meeting of the International Conference of Catholic Guides (ICCG), which took place in Rome from June 25-30.

Stressing that among educational movements Guiding has played a pivotal role in the faith formation of young women, the pope said, "Education is, in fact, the indispensable means to enable girls to become active and responsible women, proud and happy of their faith in Christ lived in every day life. Thus they will participate in the building of a world permeated by the Gospel."

“To Live the Joy of the Gospel as a Guide” was the theme for the ICCG meeting in Rome, with the stated purpose of reaffirming and strengthening the organization's 50-year-old history within the Catholic Church.

Among the participants at the ICCG meeting in Rome were Girl Scouts USA (GSUSA) CEO Anna Maria Chávez and National President Kathy Hopinkah Hannan.

In a statement, Chavez maintained that faith is “at the heart of Girl Scouts, and is woven into everything the organization does to inspire girls to take action to make the world a better place.”

However, the US Conference of Catholic Bishops has cautioned that some aspects of the Girl Scouts pedagogy go against Catholic teaching and doctrine.

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A report by the USCCB focused on three issues:

  1. GSUSA's relationship with groups like Planned Parenthood and international affiliate World Association of Girl Guides and Girl Scouts (WAGGS);
  2. GSUSA's views on issues related "to human sexuality, contraception, and abortion";
  3. and various materials and resources GSUSA has that have "inappropriate content."

With regard to WAGGGS, the report notes that while this group claims it does not formally back abortion and "reproductive rights," language on its website leaves no doubt that such support exists, as well as support for contraceptive use.

Numerous pro-life and pro-family groups have organized boycotts of Girl Guide cookies in protest of the organization's embrace of feminist politics and activism.

The pope's address to the ICCG meeting, translated into English by Zenit, is available on the Zenit website here.

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St. Peter Damian
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St. Peter Damien (1049): what Church MUST do in response to rampant homosexuality among clergy

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By Steve Jalsevac

June 29, 2015 (LifeSiteNews) – The rise of the power and influence of homosexual priests, bishops and cardinals, as well as influential laity, has been a major factor in the growing chaos within Catholicism over the past 60 years. This disorder within the Catholic Church has had a negative impact on the entire world because of the resulting decline in the positive influences that Catholicism has had on civilization for many centuries.

To think that what is happening now is new, however, betrays an ignorance of history. In 1049, when St. Peter Damien wrote his treatise, Book of Gomorrah (Liber Gomorrhianus), to Pope Leo IX, homosexuality and sexual perversion in general were far more openly rampant within the clergy than today.  This horrendous state of affairs is what the Saint addressed in his appeal to the Pope for urgently needed reforms.

We often hear from sleepy, comfortable, cowardly, timid or cultural Catholics, and especially from clergy who are directly implicated in homosexuality, that we should never criticize priests, bishops and especially the Pope. Supposedly, that is a greater sin than that of the heretics and sexual perverts facilitating great personal suffering and sending souls to Hell without anyone doing what is necessary to either convert or stop them.

St. Peter Damien was not so foolish as to listen to such nonsense denying God His justice at a time when the Church appeared to be in its death throes. He understood the grave duty to be blunt about the dangers and sinfulness, to not minimize the catastrophe that would come if strong actions were not quickly taken and to demand corrective actions. And yet, he also emphasized that all of this must be done with charity and Christian hope for the persons involved in the moral corruption. Their conversion was above all hoped and prayed for, rather than their condemnation for eternity.

An Italian translated version of the Book of Gomorrah has recently been published. An English version carefully translated by one of our LifeSite journalists will also soon become available.

On Feb. 11 of this year the Rorate Caeli website published excerpts from the introduction by Professor Roberto de Mattei to the Italian version.

Following are some paragraphs from that introduction that I hope will jar awake some of the faithful, especially considering what is going on now in the United States as a result of the mad Supreme Court decision and the moral chaos around the Synod on the Family regarding Church sexual teachings.
 

Excerpts from the Introduction:

St. Peter Damien (1007-1072) Abbot of the Fonte Avellana Monastery and subsequently Cardinal/Bishop of Ostia, was one of the most outstanding figures of Catholic reform in the XI century. His Liber Gomorrhianus, appeared around 1049, in an age when corruption was widely spread, even in the highest ranks of the ecclesiastical world.

In this writing, addressed to Pope Leo IX, Peter Damien condemns the perverted habits of his time in a language that knows no false mercy or compromises. He is convinced that of all the sins, the gravest is sodomy, a term which includes all the acts against nature and which want to satisfy sexual pleasure by separating it from procreation. “If this absolutely ignominious and abominable vice is not immediately stopped with an iron fist – he writes – the sword of Divine wrath will fall upon us, bringing ruin to many.”

There have been times in (the Church’s) history when sanctity pervades Her and others when the defection of Her members cause Her to collapse into darkness, appearing almost as if the Divinity has abandoned Her.

Peter Damien’s voice resounds today, as it did yesterday, with encouragement and comfort for those, like him, who have fought, suffered, cried and hoped, throughout the course of history.

He did not moderate his language, but kept it fiery to show his indignation. He was fearless in voicing an uncompromising hatred for sin and it was precisely this hatred that rendered his love burning for the Truth and the Good.

Today, at the beginning of the third millennium of Christ’s birth, priests, bishops and Episcopal conferences are arguing for married priests; they are placing in doubt the indissolubility of the marriage bond between man and woman and at the same time, accepting the introduction of laws for homosexual pseudo-marriage. Sodomy is not being thought of as a sin that cries to God for vengeance but is diffused in seminaries, colleges, ecclesiastical universities and even inside the Sacred Walls of the Vatican itself.

Liber Gomorrhianus reminds us that there is something worse than moral vice practiced and theorized. It is the silence that should speak, the abstention that should intervene, the bond of complicity that is established among the wicked and of those, who with the pretext of avoiding scandal are silent, and, by being silent, consent.  

Graver still, is the acceptance of homosexuality by churchmen, thought of as a “positive” tension towards the good, worthy of pastoral care and juridical protection and not as an abominable sin. In the summary Relatio post disceptationem of the first week’s work in the Synod of Bishops in October 2014, a paragraph affirmed that:   “homosexual persons have gifts and qualities to offer the Christian community”, with an invitation to the Bishops “…are we capable of welcoming these people, guaranteeing them a fraternal space in our communities?”

This scandalous statement was removed from the final report, but some bishops and cardinals, inside and outside the Synod Hall, insisted on the appeal to look for the positive aspects of a union against nature, going as far as hoping for “a way to describe the rights of people living in same-sex unions.”

St. Peter Damian as a simple monk, and with greater reason as a cardinal, did not hesitate in accusing even the Popes of that time for their scandalous omissions. Will the reading of the book Liber Gomorrhianus instill the spirit of St. Peter Damien in the hearts of some prelates or laypeople, by shaking them out of their torpor and force them to speak and act?

Even if abysmally far from the holiness and prophetic spirit of St. Peter Damien, let us make his indignation against evil, ours, and with the words that conclude his treatise we turn to the Vicar of Christ, His Holiness, Pope Francis, presently reigning, so that he may intervene and bring an end to these doctrinal and moral scandals: “May the Almighty Lord assist us, Most Reverend Father, so that during the time of Your Apostolate, all of the monstrosity of this vice be destroyed and the state of the Church, presently supine, may wholly rise up again in all its vigour.”

The book can be found in Italian here. 

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Phil Lawler

So now is it ‘hate speech’ to deplore the Obergefell decision?

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By Phil Lawler

June 30, 2015 (CatholicCulture.org) - The ink was barely dry on last week’s Supreme Court ruling when Father James Martin, SJ, began scolding Catholics who were, from his decorous perspective, too strident in denouncing the decision.

”No issue brings out so much hatred from so many Catholics as homosexuality,” Father Martin told his Facebook followers. He repeated the same message several times throughout the day, warning commenters that they must not indulge in “homophobia” and suggesting that someone who questioned whether we were all expected to sing “Kumbaya” was illustrating his point. So is sarcasm now prima facie evidence of hatred?

In my own surfing through the internet, reading scores of posts on the Obergefell decision, I can honestly say that I did not see a single message, a single comment, that struck me as hate-filled. Perhaps Father Martin’s email traffic is qualitatively different from mine. Or perhaps—far more likely, I’m afraid—he sees “hatred” where I see only vehement disagreement.

Is it possible to be angry about the Obergefell decision, to consider it a travesty of justice and a betrayal of the Constitution, without being viewed as a hater? Wait; let’s turn that question upside-down. Is it possible to see all serious disagreement with the decision as hate-speech, without celebrating the outcome of the Obergefell case?

I ask the latter question, you see, because if Father Martin was upset by the Supreme Court ruling, his dismay did not show through on his Twitter feed. He recommended three columns reacting to the decision: one by a fellow Jesuit, recounting how his grandmother could not marry her lesbian partner; another by the gay New York Times columnist Frank Bruni, celebrating the decision; the third by the gay activist/blogger Andrew Sullivan, also celebrating.

The recommendation for Andrew Sullivan’s piece was particularly striking because of the title: “It Is Accomplished”—an explicit reference to the words of Jesus Christ on the Cross. Father Martin, who was horrified by so much of what he read on Friday afternoon, let that blasphemous headline pass without comment. His demand for the use of temperate language, and for avoiding comments that others would find offensive, was applied to only one side of the post-Obergefell debate.

And that’s likely to be the party line for politically-correct Catholics in the wake of this momentous decision. We are allowed to disagree with the Supreme Court, politely, but not too forcefully. Any strident denunciation of the ruling or its logic might be interpreted as hate-speech, which of course is unacceptable. As the secular left clamps down on religious expression—and we’ve already been served notice that the crackdown is coming-- the Catholic left will worry aloud that, yes, some strong public expressions of religious beliefs are distasteful.

The influence of this approach, with its keen anxiety to avoid provocation, has already been evident in the statements released by some American bishops in response to the ruling. Archbishop Gregory says that he disagrees with the Court, but if you don’t know why he disagrees before you read his statement, you’re not likely to be any better informed when you’re finished. Cardinal Wuerl reminds us that we must hate the sin but love the sinner; he neglects to mention what the sin is. And Archbishop Cupich gives no indication at all that he disagrees with the Supreme Court ruling.

We have a long uphill struggle facing us as we seek to restore a proper understanding of marriage, to revive appreciation for the natural law, and to undo this wretched judicial decision. We cannot expect success if we go into the battle unarmed. If we begin the debate by saying that we must not offend our adversaries—even after our adversaries have declared our most fundamental beliefs to be offensive—we are doomed to failure.

We already know how the battle will unfold, because the campaign to crush resistance to same-sex marriage is already underway. The militant left will choose vulnerable targets—a pizza-parlor here, a baker there—and vilify them as “haters.” People who been trained to see “hatred” in any firm disagreement will nod in solemn approval as the alleged offenses are harshly punished. And so juggernaut will keep rolling, gaining momentum, until it reaches us.

There is an alternative. We can speak the truth. Yes, certainly we should avoid making unduly provocative statements. But since we are trying to provoke reactions, we cannot pull all our punches.

More to the point, if we’re going into battle—and we are—we need to know who’s on our side, and who’s working against us.

This article was originally published on CatholicCulture.org and is re-published with permission.

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