VOICE OF THE FAITHFUL
Its Right to Exist According to
Canon Law
Thomas P. Doyle, O.P., J.C.D.
The revised Code of Canon Law,
promulgated in 1983, provides a basis for the existence of the Voice of
the Faithful as an organization of the faithful, clergy and lay, of the
Roman Catholic Church.
The revised code, reflecting the
theology of the Church that emerged from the Second Vatican Council and
especially formulated in the conciliar constitution Lumen Gentium,
contains a new section entitled "The People of God." This section begins
with a series of canons under two chapter headings: "The Obligations and
Rights of All Christ's Faithful" and "The Obligations and Rights of the
Lay Members of Christ's Faithful."
According to the code, the
Christian faithful are divided into two groups: lay and cleric. This
division is based on Church law in that clerics are defined not by
divine Law or God's will, but by man-made Church law. A further
distinction is made between those who are in holy orders and those who
are not, and this distinction is viewed as being founded in divine law.
All Christian faithful, lay and
those in orders, have a mission in the Church that is defined in Lumen
Gentium as "The People of God." (Canon 204).
Canon 212 states that the
faithful are bound to follow what the sacred pastors (the bishops)
declare as teachers of the faith. This statement is balanced off,
however, by an annunciation of the right and obligation of all the
faithful to provide intellectual input to the governance and indeed the
very life of the Church.
Can. 212 §3 They have the right,
indeed at times the duty, in keeping with their knowledge, competence
and position, to manifest to the sacred Pastors their views on matters
which concern the good of the Church. They have the right also to make
their views known to others of Christ's faithful, but in doing so they
must always respect the integrity of faith and morals, show due
reverence to the Pastors and take into account both the common good and
the dignity of individuals.
The source of this canon is
Lumen Gentium n. 37. This canon reflects the fact that the
institutional Church and its leadership recognize the fact that the
Church is a community and that all faithful have a right to provide
input into that is good for this community. The right to share
information and opinions is extended between the faithful (lay and
cleric) and the bishops as well as among the faithful themselves.
The code also gives the faithful
the "right of assembly," which means that they may found and run
organizations for "charitable and religious" purposes.
Can. 215 Christ's faithful may
freely establish and direct associations which serve charitable or pious
purposes or which foster the Christian vocation in the world, and they
may hold meetings to pursue these purposes by common effort.
The fact that this right is
enshrined in the code itself means that it implies a practical
application. Does the right to assembly mean that the group assembling
must first receive permission from ecclesiastical superiors such as
bishops? The answer is negative unless this assembly leads to the
foundation of what the canons refer to as "associations of Christ's
faithful" in the Church. These are not simply groupings of the faithful,
but organizations that receive official recognition by Church authority.
The right of assembly mentioned in Canon 215 does not mean that all
assemblies or gatherings of the faithful, even those that exist on a
more stable basis, need approval of Church authorities.
"Associations of Christ's
faithful" are treated in Canons 298-311. The first canon in the series
defines an association:
Can. 298 §1 In the Church there
are associations which are distinct from institutes of consecrated life
and societies of apostolic life. In these associations, Christ's
faithful, whether clerics or laity, or clerics and laity together,
strive with a common effort to foster a more perfect life, or to promote
public worship or Christian teaching. They may also devote themselves to
other works of the apostolate, such as initiatives for evangelization,
works of piety or charity, and those which animate the temporal order
with the Christian spirit.
One of the restrictions for
associations is that the use of the term "Catholic" is restricted to
those having official approbation. Some examples of such associations
are "Third Orders" which are attached to many religious orders. The
canons go on to distinguish between "private" and "public" associations.
In all cases these organizations have some form of official approval by
a Church authority.
Canon 215 does not specify a
list of rights for assemblies of the faithful. Do they automatically
have the right to use property owned by official Church organizations,
such as parish property, school property, diocesan property, or
facilities owned by religious orders? This is not specified in the
canons; however, it could be reasonably argued that use of Church
buildings is required to fully respect the right of the faithful to
assemble. This right to assemble does not depend on whether or not
Church authorities agree with the purpose of the group. It depends on
the purpose of the group itself provided these purposes are not opposed
to fundamental Church teaching or good order. For example, the Catholic
Theological Society of America and the Canon Law Society of America are
both examples of the faithful assembling for a specific purpose. Both
organizations often use Church buildings for their meetings. Both
organizations often discuss or debate issues that are controversial and,
at times, at odds with Church discipline.
The section in the canons
entitled "The Obligations and Rights of the Lay Members of Christ's
Faithful" begins with a canon that sets forth the basic foundation of
the mission of the lay faithful:
Can. 225 §1 Since lay people, like all
Christ's faithful, are deputed to the apostolate by baptism and
confirmation, they are bound by the general obligation and they have the
right, whether as individuals or in associations, to strive so that the
divine message of salvation may be known and accepted by all people
throughout the world. This obligation is all the more insistent in
circumstances in which only through them are people able to hear the
Gospel and to know Christ.
§2 They have also, according to the
condition of each, the special obligation to permeate and perfect the
temporal order of things with the spirit of the Gospel. In this way,
particularly in conducting secular business and exercising secular
functions, they are to give witness to Christ.
This charge is especially
important relative to the impact the lay faithful are expected to have
in the so-called "temporal" order. This "temporal" order refers to the
general ebb and flow of life. The Church exists in the world as a
political organization. The lay faithful are called to use their
influence as followers of Christ to help bring perfection to the world.
Since Voice of the Faithful was
founded in part, in reaction to the scandals surrounding the sexual
abuse of children and young people by the clergy, it might be pointed
out that one of the fundamental rights set forth in this section
pertains to parents and their right to educate their children.
Can. 226 §2 Because they gave
life to their children, parents have the most serious obligation and the
right to educate them. It is therefore primarily the responsibility of
Christian parents to ensure the Christian education of their children in
accordance with the teaching of the Church.
By "educate" the code refers to
the broad concept of "nurture." It is obvious that protection of their
children from physical, spiritual or moral abuse, or reacting to such
abuse, is well within the rights set forth in the canon.
Voice of the Faithful, then, is
the response of a group of Catholic faithful, including persons in
orders and lay, to their rights to express their opinions to the
bishops, to assemble for the promotion of the good of the Church, and to
protect their children. The members seek to improve the "temporal order"
by calling attention to the obligations of all members of the Church to
obey the civil laws, to extend Christian compassion and charity to those
in need, to support those in holy orders who seek to promote the
Church's teaching especially with regard to the obligation to safeguard
the moral welfare of all members of the Church.
The right to express opinions
and the right to assemble do not mean that these rights depend on the
agreement of the Church authorities with opinions expressed. Individual
members may hold opinions that are different from Church law or
teaching. This does not negate the right of a group to assemble nor does
it imply that the group itself espouses these ideas.
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