From: romero@stat.tamu.edu (Ron Romero)
Newsgroups: talk.abortion
Subject: Catholics Views on Abortion (repost)
Keywords: Catholic, canons
Date: 15 Apr 92 15:10:09 GMT


(This was posted sometime last year, I reposted cuz its still relavent &
I figure some ppl haven't seen it.  I'll make it a monthly post if I get
a favorable reaction)

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		CATHOLIC POLICY ON ABORTION

My source was _Conscience_, the newsletter of Catholics for a Free
Choice.  Their address is:

Catholics for a Free Choice
1436 U St. NW
Washington, DC  20009-3916

If you'd like more information, or if you're a Pro-Choice catholic, you
might want to right to them.  They will probly mail you a sample
_Conscience_ and some info on how to subscribe and a list of all sorts
of fun Catholic Pro-Choice stuff you can buy from them.  (Some of their
books seem to be _very_ interesting).

Below is a summary of "Church Law and Abortion: Deciphering the Code" by
Frances Kissling and Liz Seaton from the November/December 1990
_Conscience_:

The strongest anti-abortion canon deals with people who bring about or
perform an abortion.

  Can. 1398. A person who actually procures an abortion incurs a _latae
  sententiae_ [automatic] excommunication.

  [Bracketed comments are in the _Conscience_ article, unless otherwise
  noted -Ron]

Canon 1398 was cited by Bishop Rene Gracida of Corpus Christi, Texas,
when he declared excommunicated Elva Bustamante, director of the New
Woman Clinic, a facility where abortions are performed.

Canon 1329 broadens the scope of who incurs the automatic
excommunication.

  Can. 1329 paragraph 2  In the case of a _latae sententiae_ penalty
  attached to an offense, accomplices, even though not mentioned in the
  law or precept, incur the same penalty if, without their assistance,
  the crime would not have been committed, and if the penalty is of such
  a nature as to be able to affect them, otherwise, they can be punished
  with _ferendae sententiae_ penalties [those proclaimed by a bishop]

Procures are defined as:

  "_Procurers_ are those who _directly_, _deliberately_, and
  _purposefully_ take part in the abortion, either by _physical_ or
  _moral_ action, e.g., by command order or threat."  (Father James
  Coriden in _The Jurist_ (1986), p. 653)

Some bishops and Catholics have sited canon 915 to "punish" Pro-Choice
Catholics legislators:

  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 [emphasis
  added].

This is the canon that was invoked when Bishop Leo T. Maher faxed to
California State Assemblywoman Lucy Killea his ban on her reception of
the Eucharist.

As for women who actually have an abortion, the article points out:

  ...canon law lists a significant number of "possible excusing causes
  (c. 1323) and mitigating circumstances (c. 1324)" (Coriden, p. 655).
  Excepted are women under seventeen, those ignorant of the penalty,
  those under duress, those who are in fear, "even only relative,"
  those acting in self-defense, and those "who acted without full
  imputability."  This last exception includes the person who acted
  based on "an erroneous conscience or a sincere good faith conviction
  ... that abortion is permissible in certain circumstances." (Coriden,
  p. 655).

As for people who are being "improperly pressured, sanctioned, or
punished" due to their Pro-Choice views, the article suggests

  First, they need to know the relevant church law explained in this
  article and be prepared to assert it to their parish priest.  Second,
  they need to know their rights, limited though they are under canon
  law.  It demands, for example, that their right to privacy and a good
  reputation not be unlawfully harmed (c. 220).  Canon law requires
  bishops to take care "that as far as possible any penalties which are
  to be imposed by law are uniform within the same city or region" (c.
  1316).  Finally, Catholics who are being pressured must be prepared to
  "go public."  Sanctions succeed when those punished through fear or
  shame keep them secret.

----------------------------------------------------------------------

Well, that's about it.  Once again, let me say that if you are a
Pro-Choice Catholic, or if you are a Catholic who is concerned about the
Church's restrictive stand on abortion _or_ family planning, contact
Catholics for a Free Choice.  

If there's a really big response, you might get me to type in the whole
article.

Ron Romero
ron-romero@tamu.edu


========================================
Ron Romero	     
romero@stat.tamu.edu 
Newsgroups: talk.abortion