Despite some mysterious statements in canon law, the truth is that nothing can ever erase one's Baptism
In the discussion of Fr Lucie-Smith’s excellent blog
of a couple of weeks ago – reacting to the Benedict XVI Centre’s latest
report (which you can, and really ought to, read in full here)
– the question came up of whether, in the eyes of the Church, it is
possible for a baptised Catholic to cease being one. That is,
theologically speaking, is there such thing as a “former Catholic”?
The short answer is a flat no. From the Church’s perspective, such
people remain part of it – and always will – by virtue of their baptism,
whether they like it or not. In the words of the Catechism, “Baptism
incorporates us into the Church” (# 1267), and “Baptism seals the Christian with the indelible spiritual mark (character) of his belonging to Christ. No sin can erase this mark, even if sin prevents Baptism from bearing the fruits of salvation” (#1272).
These clear-running baptismal waters are, however, muddied by a
little piece of canon law (or rather, the memory of it, since it is now
– with good reason, as we shall see – abrogated).
On three occasions, the 1983 Code of Canon Law cites the possibility of a baptised Catholic having made what it calls an actus formalis defectionis ab Ecclesia catholica,
that is, “a formal act of defection from the Catholic Church”. All of
these occur in the context of marriage, for example: “A marriage between
two persons, one of whom has been baptised in the Catholic Church or
received into it and has not defected from it by a formal act and the
other of whom is not baptised, is invalid” (Can. 1086 §1; see also cans
1117, 1124).
The Code offers no further clue as to what such an act might entail.
Having “for quite some time received a considerable number of…
questions and requests for clarification”, in 2006 the Pontifical
Council for Legislative Texts (PCLJ) released a statement
setting out “the requirements or juridical formalities that would be
necessary so that such an action would constitute a true ‘formal act’ of
defection”.
While the specific, convoluted procedure need not be recounted here,
its fulfilment would authorise a local bishop to have “explicit mention
of the occurrence of a defectio ab Ecclesia catholica actu formali” to be formally added against that person’s name in a baptismal register.
Critically, however, the PCLJ’s statement is at pains to emphasise
that such an act is a purely “juridical-administrative” one, and in no way
confers a “true separation from the constitutive elements of the the
life of the Church”. Hence: “It remains clear, in any event, that the
sacramental bond of belonging to the Body of Christ that is the Church,
conferred by the baptismal character, is an ontological and permanent
bond which is not lost by reason of any act or fact of defection.”
To put it mildly, this created a very strange state of affairs. The
upshot was that, like a guest at the Hotel California, being Catholic
meant that “You can check out anytime you like, but you can never
leave…”
Three years later, in 2009, Pope Benedict XVI then issued a decree
simply deleting the relevant passages from the 1983 Code,
unsurprisingly citing “numerous pastoral problems” thrown up by the
wording.
As was then made clear in a commentary
by Cardinal Coccopalmerio, the prefect of the PCLJ, one of these
problems had to do with the fact that in certain central European
countries, people pay a civil “worship tax” which accrues to their
respective denominations unless they specifically opt out . (As they do
in, say, Austria.) Naturally, it was this financial opting out
that the PCLJ had meant by its reference to a “juridical-adminstrative
act” in 2006, somewhat euphemistically glossed with “the removal of
one’s name from a Church membership registry maintained by the
government in order to produce certain civil consequences”.
While intended for a specific purpose – and, as has been noted, explicitly not conceived as actually
removing a person from the Church – it is hardly surprising that a
sizeable number of disaffected Catholics, not least in Ireland, sought
to exploit this canonical possibility to have themselves formally
removed from the Church, even if only “symbolically”.
But since 2010, this possibility now no longer exists (although one
would not know from the Vatican’s own website, which, as of May 2016,
still provides the unextirpated version of the 1983 Code without
comment).
Of course, none of that changes the empirical fact that, in England
and Wales, a huge number of cradle-Catholic adults do, in fact, regard
themselves as “ex-Catholics”.
About 2.4 million of them.
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