Why bishops stopped short of 'defrocking' clergy

Under the U.S. bishops' new policy on how to handle priests guilty of abusing a minor, they are removed forever from any ministry in the Church. The priests then have options: to retire to a monastery to pursue a life of prayer or to seek voluntary laicization. The bishop can also pursue forced laicization.

But "defrocking" a priest -- forcing him into laicization -- is not a simple or quick process, said Msgr. Thomas Green, president of the Canon Law Society of America, based at The Catholic University of America in Washington, D.C.

Once a priest

When a priest is "laicized" -- dismissed from what's called the "clerical state" and treated as a layperson -- that bond is broken. He is no longer able to claim any rights as a priest, but he's also no longer bound by obligations to the Church. For example, a laicized priest can marry within the Church.

However, said Msgr. Green, once ordained a priest, a man is a priest forever. Ordination changes his life irrevocably, and he does not cease being a priest even if he is laicized. For example, in an emergency situation like a roadside accident, a laicized priest can give the Anointing of the Sick to a dying person.

Defrocking

In addition to laicizing a priest at his request, the Church can forcibly laicize someone. Msgr. Green called this a "formal, rather detailed process" and compared it to a court case.

Church law requires that such dismissals be conducted by judicial forums. In the case of clergy sexual abuse, the investigation is passed to the Vatican's Congregation for the Doctrine of the Faith to be judged.

While it is possible for the process to be completed quickly -- in some serious cases, bishops have asked a pope to intervene directly to laicize someone rather than going through the entire process -- Msgr. Green said it's more likely that the process of forced laicization will take years.

Complex process

Everyone gets their day in court, and every priest can have his day in Church tribunals, said Msgr. Green. He opined that this is a fair way to deal with such cases, since priests are allowed to present their own testimony.

"There are variables in terms of situations," the expert noted. "Things are gray; they're not just black-and-white."

Abuse cases

He gave the example of a priest who was under the influence of alcohol while committing an act of abuse. While that doesn't mitigate the damage to the victim, said Msgr. Green, alcohol use would be taken into account when considering whether to laicize the priest, since his case wouldn't be the same as "someone who's cold and calculating." Under the U.S. bishops' new charter, regardless of the circumstances, the priest would be removed from ministry forever.

The expert said he feared the thought -- demanded by some Catholics -- of bishops forcing laicization on any priest who commits sexual abuse.

"It's a very violent sort of thing," he said. "It could have, in the long run, a very corrosive effect on the relationship between the bishop and his priests, making it a very adversarial thing."

(07-11-02) [[In-content Ad]]