I hope I don't unduly belabor the matter, and those who think I do can hit
the delete button and rest assured I won't prolong it in future messages
(absent some unexpected expression of demand).  As Michael Newsom well
explains, the rule of celibacy for Catholic priests is a rule of discipline
that has never been universal in time or place for the Catholic Church,
while the determination that priests must be male is doctrine grounded in
tradition and scripture.  The Church's teaching about Men and Women and the
unique gifts that each brings to life is far more complex and nuanced than
can be captured in the simple observation that all priests are male,
although some unfortunately are quick to cite that as a nutshell description
of the Church and its attitude toward women.  Moreover, the reservation of
priestly ordination to men primarily is a reflection of humility on the part
of the Church, which observes that all of the apostles who stood at the
beginning of the apostolic succession were male and that God has not
revealed to the Church any basis for presuming on its own to depart from
Christ's example.  Again, the question of ordination, and its meaning for
equality of the genders, raises matters of Catholic Church teaching and
theology beyond what most of the members of list undoubtedly wish to explore
on a list reserved to law and religion.

I also would add that, contrary to a suggestion made on this list, the
dispensation for former Episcopal (and, for that matter, Lutheran) clergy
who were married before conversion to Catholicism involved no bending of the
rules as such because their situation was not comparable to other Catholic
priests of the Latin Order and because their treatment is fully in accord
with that for Catholic priests of the Eastern Rite.  Catholic priests of the
Latin Rite, which account for the vast majority of the Catholic priesthood,
especially in the United States, knowingly take an oath of celibacy upon
their ordination.  By contrast, former Episcopal and Lutheran clergy who
were married during their ordained lives in their prior denomination did not
take such an oath.  Thus expecting them to abandon their spouses in order to
continue ordained ministry in full communion with Rome would be
inappropriate and unfair.  When they converted to the Catholic Church and
sought to have their prior ordination renewed in a manner that the Catholic
Church regards as genuinely in line with apostolic succession, the Church
generously has accepted that those who were married cannot take the same
oath of celibacy.  However, former Episcopal and Lutheran clergy who were
not married indeed are required to take that oath, and married Catholic
priests whose spouses die before them are not permitted to remarry.

In addition, this understanding for converting clergy is similar to that for
priests of the Eastern Rite, that is, the Byzantine Catholic Church.  The
Eastern Rite is present primarily in that part of the world in which the
Orthodox Church prevails, and thus Byzantine Catholics follow many of the
same religious customs as the Orthodox Church.  However, Eastern Rite
Catholics have maintained communion with Rome and accept the Pope as head of
the Church.  Men who married before ordination may become priests in the
Eastern Rite of the Catholic Church (at least in those nations where the
Latin Rite does not prevail), although men who were not married before
ordination may not marry and those whose spouses precede them in death may
not remarry.  In the Eastern Rite, all bishops are selected from among the
monks, who do take an oath of celibacy.  Thus, throughout the world, in all
rites and all circumstances, bishops in the Catholic Church are celibate and
married only to God.

Because celibacy is a disciplinary rule rather than a doctrine, the argument
is made from time to time from certain quarters that it should be changed to
accommodate to cultural trends or the difficulty in recruiting sufficient
numbers of priests.  The opposing argument is not only one of tradition but
that, especially today, the powerful message of celibacy is a needed
antidote to the sex-obsessed society in which we live.  It also spares the
Catholic Church the scandal that various denominations have experienced of
divorce among the clergy, including notorious cases of serial divorces.
Interestingly, polls of Catholic priests finds that the older generation are
somewhat more likely to support a rollback of celibacy, while younger
priests ordained during the papacy of John Paul II accept the discipline of
celibacy as an integral part of their vocation.

Greg Sisk


-----Original Message-----
From: Newsom Michael [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, March 15, 2005 6:31 PM
To: Law & Religion issues for Law Academics
Subject: RE: Harm to Others as a Factor in Accommodation Doctrine

Actually, there is a considerable difference between, for want of a better
term, the squabbling and accommodation between Catholics and Anglicans and
the permissible gender of priests.  The differences are rooted both in
Scripture and in the Magisterium of the Catholic Church.  (This explanation,
if necessary, will have to take place off list.)

For what it is worth, in Orthodoxy (and in the first 1000 years or so of
Catholicism) priests -- male priests, that is -- could be married.
Although, as I best understand it, the rule was that the marriage had to
take place before ordination.  Put differently, no ordained priest could
marry.  Also, there was -- and is -- a rule in both Orthodoxy and
Catholicism that bishops could not be married.  

Neither Church has ever formally accepted women priests, married or not.  

The rule in Western Christianity regarding married priests was, at first, a
rule of discipline.  Thus quite different than the rule against women
priests.  Pope John Paul II has sought, perhaps successfully (I leave the
question to canon lawyers) to change the rule of discipline to a rule of
doctrine (with, of course, the exception for married Anglican priests who
become Catholics).   


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