Cardinal Dolan Denies Church Abortion Excommunication Law

In a Fox Channel Interview during the past hour His Eminence Timothy Cardinal Dolan said that the Church no longer has a law of excommunication for abortion, that this erstwhile stance was softened by Pope John Paul II and Pope Francis. Surely the Cardinal must know that the 1983 Code of Canon Law, promulgated by Pope John Paul II says

Can. 1398 -- A person who actually procures an abortion incurs a latæ sententiæ excommunication.

That law remains in full force.

Regarding the duty of the minister to refuse communion to the excommunicated or otherwise public sinner, the law is also clear. It says

Can. 915 -- Those upon whom the penalty of excommunication or interdict has been imposed or declared, and others who obstinately persist in manifest grave sin, are not to be admitted to holy communion.

In addition to those laws, every priest must know that Pope Francis lifted the abortion excommunication impediment for the sake of sacramental confession by giving all of the priests of the entire Catholic Church a faculty to implicitly lift the abortion excommunication and grant absolution in the confessional, a power which was previously already routinely given by local bishops to all of their priests. I have had that power my entire priesthood, over twenty years. Pope Francis' measure means that the person who aborts a baby or has his baby aborted is still in fact excommunicated from the moment of having the abortion. If that excommunicated person should repent and go to confession the priest has the power to give absolution. In other words, the Holy Father has given an implicit lifting of the excommunication for the purpose of a worthy confession only in the context of confession, so that the repentant sinner may return to the fullness of faith, at the discretion of the absolving confessor. The law has not changed on the excommunication penalty for abortion. What has changed is that the return of those excommunicated by abortion is made presumably easier, or at least better known. Here is what the Holy Father decreed in this matter.

One of the serious problems of our time is clearly the changed relationship with respect to life. A widespread and insensitive mentality has led to the loss of the proper personal and social sensitivity to welcome new life. The tragedy of abortion is experienced by some with a superficial awareness, as if not realizing the extreme harm that such an act entails. Many others, on the other hand, although experiencing this moment as a defeat, believe they they have no other option. I think in particular of all the women who have resorted to abortion. I am well aware of the pressure that has led them to this decision. I know that it is an existential and moral ordeal. I have met so many women who bear in their heart the scar of this agonizing and painful decision. What has happened is profoundly unjust; yet only understanding the truth of it can enable one not to lose hope. The forgiveness of God cannot be denied to one who has repented, especially when that person approaches the Sacrament of Confession with a sincere heart in order to obtain reconciliation with the Father. For this reason too, I have decided, notwithstanding anything to the contrary, to concede to all priests for the Jubilee Year the discretion to absolve of the sin of abortion those who have procured it and who, with contrite heart, seek forgiveness for it. May priests fulfil this great task by expressing words of genuine welcome combined with a reflection that explains the gravity of the sin committed, besides indicating a path of authentic conversion by which to obtain the true and generous forgiveness of the Father who renews all with his presence.

 "Letter of His Holiness Pope Francis According to which an Indulgence is Granted to the Faithful on the Occasion of the Extraordinary Jubilee of Mercy," 1 September 2015 

12. Given [the need for the forgiveness of the repentant sinner], lest any obstacle arise between the request for reconciliation and God’s forgiveness, I henceforth grant to all priests, in virtue of their ministry, the faculty to absolve those who have committed the sin of procured abortion. The provision I had made in this regard, limited to the duration of the Extraordinary Holy Year, [cited above] is hereby extended, notwithstanding anything to the contrary. I wish to restate as firmly as I can that abortion is a grave sin, since it puts an end to an innocent life. In the same way, however, I can and must state that there is no sin that God’s mercy cannot reach and wipe away when it finds a repentant heart seeking to be reconciled with the Father. May every priest, therefore, be a guide, support and comfort to penitents on this journey of special reconciliation.

Pope Francis, Apostolic Letter Misericordia et misera, 20 November 2016, Feast of Christ the King

Cardinal Dolan invokes "mercy" while he erroneously explains the Church's present discipline on excommunication. Where is the mercy for the ongoing slaughtered babies? With no punishment for the criminals while they carry out their crimes there can be no mercy for the victims. To extend "mercy" to abusers as they abuse their victims is merciless to the innocent victims. When will the bishops of our Church finally understand that they must stand up for victims and protect them, by all means, in the name of Jesus Christ our Lord?

Cardinal Dolan should excommunicate Governor Andrew Cuomo for his obstinate public promotion of abortion, and, according to Canon 915 of the Code of Canon Law, cited above, no minister of the Church has the authority to administer communion to him, as long as he remains unrepentant in that grave manifest sin. It would be the mortal sin of sacrilege by the minister to administer holy communion to a person who is obstinately and manifestly in unrepentant mortal sin, it would be a sacrilege to administer the communion and a sacrilege to receive it. It is a scandal that the Cardinal of New York should ignore this sacred discipline of the Church or dismiss it as a private pastoral matter which he cannot discuss in public.