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Mark
wrote:
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Hi, guys —
I read the other day that obtaining an abortion is punishable
by excommunication from the Church. I understand that the Church
wishes to place an emphasis in their laws against such immoral
acts, especially due to the number of secular
governing bodies that have recently legalized or have promoted abortion.
- I am correct in assuming that being excommunicated for an abortion requires knowledge that the act is excommunicative?
- Is unrepentance necessary for such a harsh punishment or is
the act, itself, enough?
- For example, if a priest were told that
someone obtained an abortion and upon talking to that individual
found that they were repentant and had gone to Confession,
would he be obligated by Canon law to excommunicate that individual?
Thanks so much, I'm glad that there are individuals out there
who have dedicated their lives to something as beautiful as
dispelling misconceptions about the Church and bringing searching
persons to Christ.
— Mark
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Does an excommunication for an abortion require knowledge that the act is excommunicative? }
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John replied:
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Hi Mark,
Anyone who aborts a child or is involved in assisting in anyway in the
abortion is subject to automatic excommunication. That means if you knowingly give
a ride to a woman who is going to an abortion clinic to kill her child you may be
subject to excommunication.
That said, the excommunication is usually undeclared. In other words, it doesn't take
a tribunal to say you're excommunicated. The action itself excommunicates you.
Conversely, if someone goes to Confession and repents of this sin, or is made aware
that it was a sin during the Confession, the priest usually has the faculty to remove
the excommunication in the Confessional.
Their may be other instances where the person's actions have a certain notoriety,
i.e. the person speaks out against the Church's teaching on abortion and announces
she had an abortion.
In those cases, the priest may have to obtain the faculties to
restore the person from his bishop.
In these cases, the person may have to publicly re-state their faith in the Church's
teaching on the subject in addition to confessing their sins.
John DiMascio |
Mary
Ann replied:
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Hi, Mark —
The Church's response to abortion shows a mother's heart.
She wants to show the gravity of the act and warn people. She wants to have her penalties reflect human weakness.
Excommunication is an automatic penalty for abortion
(Canon 1398), and does not need to be imposed or declared
by a priest or anyone, however, to receive the penalty,
the person:
- must have the use of reason
- must have completed
16 years
- must not have been forced through grave or
even relatively grave fear or a fear thought to be relatively
grave, and
- must be aware that the penalty of excommunication
applies.
Canon 1323, which applies to all penalties.
The penalty used to be one that could be lifted by a
bishop only.
Nowadays, many bishops have given priests the power to
lift the penalty of excommunication in Confession. Most
abortions involve some coercion, and most involve
some grave fear. Many of them involve people under 16, and some involve people with the imperfect use of reason.
Mary Ann |
Fr. Jonathan replied:
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Hi, Mark —
It is actually very rare that someone who has had an abortion is automatically excommunicated.
Mary Ann is correct to point to Canon 1323 but Canon 1324 equally applies. Canon 1323 says there is no penalty if any of the things listed was present and Canon 1324 says there is a lesser penalty leaving excommunication off the table.
So for example, the minimum age to receive the penalty is 18, not 16-years old. Both canons should be linked to in your answer.
Hope this helps,
Fr. Jonathan
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