Chicagoland

Norms allow for laicizing priests, deacons separated from church

By Joyce Duriga | Editor
Sunday, October 24, 2010

Under new norms released by the Holy See, the Archdiocese of Chicago will begin the process of laicizing priests and deacons who have had no contact with the archdiocese for five consecutive years or who have committed some type of action contrary to the vows they took at ordination.

Until recently, it was up to the priest or deacon to request laicization but the Holy See issued norms to allow dioceses and bishops around the world to petition to for laicization in certain cases.

In a broad sense, the sex-abuse scandal influenced the promulgation of the new norms, said Father Daniel Smilanic, vicar for canonical services. The bishops wanted more accountability of men who had left the priesthood or diaconate. In the archdiocese, about 200 men ordained over a 40-year period fall into this category.

“This [process] will define who they are to the church,” said Deacon Dan Welter from Canonical Services.

The priest or deacon must meet at least one of three criteria to be laicized under this norm. They must: have committed some scandal (such as falsifying documents or been ordained a minister of another faith tradition); entered into marriage; or been absent from ministry in excess of five consecutive years.

Seen through the eyes of the American legal system, this process looks like a penalty but it is more accurately a fact-finding, administrative act, Welter and Smilanic said. All of the men have walked away from active ministry in the church in one way or another but haven’t taken this formal step of separation on their own.

“Some leave for very good reasons finding they cannot live the life of a priest or a deacon,” Smilanic said.

Although each case goes through a tribunal, this is not a penalty, Smilanic said. A tribunal is the model the Catholic Church has to administer processes like this. A canonization cause also goes through a tribunal.

Some will say the church is being vindictive by laicizing these men, Welter said, but the church is really inviting them to clarify their status and make the “juridic status match the lived reality,” he said.

In the process, the men will receive a letter notifying them that the archdiocese is starting the laicization process. They will be given time to respond and a right to canonical counsel. Their cooperation is invited, Smilanic said.

Because the Holy See requires a lot of documentation and research for each case, all of the men won’t receive a letter at once. Each case will be handled on an individual basis and will take time to complete.

It’s a rigorous process. Each case could contain upwards of 30 pages of documentation relating to the cleric, which will then be reviewed by assessors to determine that the case is valid and the materials are in order.

Next, Cardinal George reviews each case and delivers his opinion on it. If it clears the cardinal, the case moves on to the Congregation for the Clergy at the Vatican who review each case and make their own recommendation to Pope Benedict XVI. The pope is the only one with the authority to laicize a priest or deacon.

Because the Congregation for the Clergy is handling cases from all over the world, not just the United States it is unknown how long it will take to get a determination from Rome.

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