oor Raymond Burke, a prince of the Church, who everyone tells me is a canon lawyer, doesn’t seem to know his canon law. He seems to think Joe Biden is an “apostate” who can be excommunicated over being pro-choice. (That is to say, Mr. Biden thinks that abortion should be legal, not necessarily that abortion is good.) I’m afraid both claims are false, and we can dispatch with both of them quickly. On the latter point, canon law expressly lays out what a Catholic may be excommunicated for, and disagreeing with the Church’s teaching about legal abortion is not one of them. CIC 1398 is the relevant canon. It says: “A person who procures a completed abortion incurs a latae sententiae excommunication.”
In order to “procure” an abortion, President Biden would need to get one himself. (That’s not likely, for obvious reasons.) Or he would need to perform one, which is also not likely. Or he would need to pay for one. Or he would need to pressure a woman into getting one. Or he would need to drive a woman to a doctor for the express purpose of getting an abortion. And even if he did any of these things, no circumstances mitigating culpability would need to be present.
Merely being pro-choice is not sufficient to incur a latae sententiae excommunication.
But Alt! There’s another class of excommunication known as sententiae ferendae, or excommunication upon judicial review—you know, in a canonical trial.
I am aware. These involve such things as breaking the seal of the Confessional, kidnapping, torture, inciting sedition against the pope. (Cardinal Burke needs to be careful on that last one.) The problem is, none of them has a thing to do with abortion.
But Alt! Cardinal Burke does not suggest excommunicating Biden because he’s pro-choice. He suggests excommunicating Biden because he’s an apostate! And according to CIC 1364, apostates do incur a latae sententiae excommunication!
Right. And here’s where Cardinal Burke’s case is particularly silly. On what basis does he think that the president is an “apostate”? Apostasy, according to the Catechism of the Catholic Church, is the “total repudiation of the Christian faith.”
Total repudiation.
When did President Biden repudiate the Christian faith? I missed that. And dear reader, you will search in vain through the Fake Site News article for an answer there.
You can only equate being pro-choice with “total repudiation of the Christian faith” if you think that being against abortion is the very essence of Christianity itself.
The Catholic Church teaches nothing of the kind, and it’s what I mean when I refer to Cardinal Burke as an “anti-abortion fetishist.” I don’t mean that being against abortion is itself a fetish. I am against abortion, both morally and legally, and have argued that position numerous times on this wery blog. (Seek and ye shall find.) But I do mean that treating the Church’s teaching on abortion as though it were the essence of the faith—as though denying it amounts to “total repudiation of Christianity” and “apostasy”—turns it into a fetish.
Total repudiation of Christianity would be something like denying that God sent his only son to redeem the world from its sins. It would mean converting to atheism, or Judaism, or Islam, or something like that. It doesn’t mean thinking abortion should be legal.
And Cardinal Burke is a prince of the Church and a canon lawyer, and he was once the prefect of the Apostolic Signatura, so he should know this perfectly well. Either he has developed theological amnesia, or else he is lying.
I make no claim as to which of the two is correct. Burke himself will have to tell us.
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