From the Code of Canon Law:

CANON 1314: A penalty …that is latae sententiae…is incurred automatically upon the commission of an offense, if a law or precept expressly lays this down.

CANON 1398: A person who actually procures an abortion incurs a latae sententiae excommunication.

CANON 1329.2: In the case of a latae sententiae penalty attached to an offense , accomplices, even though not mentioned in the law or precept, incur the same penalty if, without their assistance, the crime would not have been committed…

CANON 1355.2: Provided it is not reserved to the Apostolic See, a latae sententiae penalty….can be remitted by the Ordinary in respect of his subjects and of those actually in his territory or those who committed the offense in his territory. Moreover, any Bishop can do this…

CANON 1373: A person who publicly incites his or her subjects to hatred or animosity against the Apostolic See or the Ordinary because of some act of ecclesiastical authority or ministry, or who provokes the subjects to disobedience against them, is to be punished by interdict or other just penalties.

The Catholic Church’s Code of Canon Law is not a secret document; it is accessible to anyone. Why, then have we not heard more about the above Canons in the recent past, especially since Roe v. Wade decision of 1973? And, in light of these Canons, are not the following questions relevant:

• When was the last time a Church official publicly made known the fact that anyone who procures, or is an accomplice to, an abortion is automatically excommunicated and can be restored to full communion with the Church only by a bishop?

• If a person incurs an automatic excommunication but does not know it, is that person actually excommunicated? If so, and if a priest then "forgives" the sin in a regular Confession, is the sin really forgiven in Heaven? Certainly, God judges the heart of the individual penitent and will not "trap" a soul with legal technicalities, especially if the penitent does not know the technicalities of Church law. But is there not moral culpability on the part of those authorities who have not made the law known?
• It is not unlikely that some actual abortions are procured at least partly because of the "licitness" given to them by being supported by government officials who claim some kind of "moral" authority. This situation occurs in the case of public officials who are identified in the media as "Catholics" who reject the Church’s teaching on the immorality of abortion (Senator Kennedy, are you reading this). If such a Catholic government official makes a public statement contradicting the Church’s moral teaching on abortion, is the official an "accomplice" to any actual abortion, and therefore automatically excommunicated?

• Even if one argues that such officials do not incur automatic excommunication, do they not fall into the conditions of Canon 1373? If so, when was the last time a bishop pronounced such an interdict or other penalty?

• If scandal persists in a particular diocese, and the Ordinary does nothing to prevent it, does the Ordinary incur any automatic penalty? Or does he just wait until his particular judgment to explain his inaction to his Judge, and hope for the best?

From Our Readers

To the Editor:

I read with interest your piece on Fr. and Delores Delahanty. Although I personally agree with what you state, I also believe that there are many other social issues where Gore and his party are more in line with Catholic social teaching as with unions, responsibility for the poor etc. I voted for Bucannan who was really the pro-life candidate. In any event it will be through the spread of the gospel that this problem will be resolved not any
political party of election result.

Name Withheld

Dear Editor:

Thank you for the information and inspiration your newsletter provides. May God bless you in your work to promote the teachings of the Catholic Church.

Please be assured of my support and prayers.

Susan R.