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Abortion - Excommunication (EWTN)
The way the
excommunication for abortion works is this.
Canon 1398
provides that, "a person who procures a successful abortion incurs an
automatic (latae sententiae)
excommunication." This means that at the very moment that the abortion is
successfully accomplished, the woman and all formal conspirators are
excommunicated.
An abortion is
defined as "the killing of the foetus, in
whatever way or at whatever time from the moment of conception"
(Pontifical Council for the Interpretation of Legislative Texts, published in
the "Acts of the Apostolic See" vol. 80 (1988), 1818). This
definition applies to any means, including drugs, by which a human being
present in the woman is killed. Thus, once a woman knows she is pregnant the
intentional killing of the new life within her is not only murder but an
excommunicable offense. A woman who only thinks she might be pregnant has a
grave responsibility to find out and to protect the possible life within. Any action to end a "possible" pregnancy while probably
not an excommunicable offense would be callous disregard for life and gravely
sinful.
Conspirators who
incur the excommunication can be defined as those who make access to the
abortion possible. This certainly includes doctors and nurses who actually do
it, husbands, family and others whose counsel and encouragement made it morally
possible for the woman, and those whose direct practical support made it
possible (financially, driving to the clinic etc.).
Clearly those
who think the availability of chemical abortions will settle the abortion issue are deluded. It will only widen to drug manufacturers,
pharmacists and family physicians those guilty of grave sin and subject to
excommunication. [It should also be noted that many contraceptive pills are
already abortifacient in operation. Theoretically,
the knowing use of such a pill for its abortafacient
purpose could also subject one to excommunication. Pill manufacturers have
recently been touting this capability of their deadly wares.]
NOTE WELL To actually
incur the excommunication one must know that it is an excommunicable offense at
the time of the abortion. Canon 1323 provides that the following do not incur a
sanction, those who are not yet 16, are unaware of a law, do not advert to it
or are in error about its scope, were forced or had an unforeseeable accident,
acted out of grave fear, or who lacked the use of reason (except culpably, as
by drunkenness). Thus a woman forced by an abusive husband to have an abortion
would not incur an excommunication, for instance, whereas someone culpably
under the influence of drugs or alcohol would (canon 1325).
In any case,
whether one has been excommunicated or not, the sin of abortion must be
confessed as the taking of innocent human life (5th Commandment). If the
penitent did not know about this law at the time of the abortion then he or she
was NOT excommunicated. If the person knew about the law but there were
extenuating circumstances (such as mentioned above concerning c. 1323) then these
factors should be mentioned to the confessor. He will say whether he has the
faculty from the bishop to absolve from this excommunication or whether he even
needs to. If he does not, he will privately and secretly obtain absolution from
the bishop or send the person to a confessor who has that power.
A person who
believes they have been excommunicated must refrain from Holy Communion until
both absolution for the sin and absolution for the excommunication has been given.
One complicating
factor for anyone in this situation is that intentionally withholding mortal
sin (abortion) or knowledge of one's excommunication invalidates ALL the
absolutions for other sins given since the time of the intentionally overlooked
sin. Culpably withholding mortal sin or an excommunication means that even
after the priest says the words of absolution because of dishonesty on the
penitent's part, the sin has not been absolved. Absolution is not magic, it
depends upon sincere repentance from all known mortal sins and a firm purpose
of amendment. Such sins would need to be confessed again, as part of an
integral (complete and honest) confession. This is not the case if the person
did not know that what they did was sinful in the eyes of God and the Church,
but only found out this out latter. Since they did not withhold from confession
what they knew to be sinful their prior confessions are valid.
The Church makes
every effort to make Penance available and obliges priests to make anonymity
possible as well (c. 964). There is really no valid excuse for delaying one's
full return to the sacraments. All those who have had abortions should come
home to Christ and the Church.
Answered by
Colin B. Donovan, STL
http://www.ewtn.com/expert/answers/abortio2.htm
Michael
13 May 2012, Mothers Day
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