Consensus Statement from the Symposium on Women and Church Law

from Sexism and Church Law
edited by James A. Coriden 1977, pp. 150-160

published by Paulist Press, New York/Ramsey, N.J./Toronto
Republished on our website with the necessary permissions

God has provided the Church founded by His Son, Jesus Christ, with the means necessary to respond not only to the needs of the time, but also with the desire to read the signs of the times. From this reading the Church can learn, in order to provide for the future. Through the action of the Spirit, inspiring Christians to seek a better world wherein all are called to the same holiness, to promote justice and to pursue the search for a better understanding of God's plan for humanity, we are guided to discern with God's help what is best for the People of God and what corresponds to the divine plan for universal salvation in Jesus Christ.

Responsive to this call, the Canon Law Society of America, basing itself upon the teachings of the Second Vatican Council and of Pope Paul VI, addressed itself to one of those signs of the times which the Spirit is instilling in the hearts and minds of humanity today: the necessity of recognizing the God-given right of Christian women to equality in the Church of Christ, an equality based on the common dignity of all the baptized, in whom "there is neither Jew nor Greek; there is neither slave nor freeman; there is neither male nor female" (Gal. 3:28; cf. Lumen Gentium, 32).

Gathered at Rosemont College, Pennsylvania on October 9-11, 1976, some twenty-four men and women — theologians, canonists and scholars from other fields — have studied the juridical significance of this prompting of the Spirit. We have discerned a number of areas that must be taken into consideration if the equality of all the baptized is to be recognized and respected. Likewise, the participants in this Symposium, one of many organized by the C.L.S.A., have prepared recommendations for future action by the C.L.S.A. and by the Church at large. These points constitute the object of the present Consensus Statement.

I. AREAS FOR CONSIDERATION

In studying the general situation of women in ecclesial law, it has become evident that a number of basic themes are exerting an influence on contemporary thinking in the Church. We have also found, regretfully, numerous instances of discrimination in Church law. The same discriminatory attitude is also evident in some Church persons, perhaps unconsciously. We shall attend to these points in the following paragraphs

A. BASIC THEMES

1. Christian Anthropology

Christian revelation presents a view of humanity that affirms the primacy of the person and the preeminence of mutuality between human persons. A modern western anthropology emphasizing the relational nature of all reality implies a society which is inherently dynamic, living out a process of structural change that enables it continually to adapt itself to needs. The Christian understanding of personhood, moreover, corresponds to human experience in history. For example, the roles of persons within the varied forms of government and institutions in civil society have changed and developed through the course of history.

Underlying some perspectives on the question of women in Church law, however, is an anthropology which retains a conventional understanding of dichotomies (e.g., spirit/matter, soul/body, masculine/feminine) which is incompatible with the findings of the modern human sciences. The obstacles to the contemporary mission of the Church created by bifurcations of reality are too obvious and numerous to be recounted. But the most serious indictment against these divisions is that they work grave injustice by preventing access to mutual sharing in the religious dimension of life.

2. Historical-Theological Considerations

Historically, the Church had ministries before it had a theory of ministry; it had laws before it had a theory of law. Theories that eventually developed were attempts at describing, understanding and ordering the previous practice. When such theory began to be expressed in classicist terms, it became itself a factor of immense practical significance in the life of the Church by determining, often on non-historical assumptions, what the actual practice could or could not become.

The classical notion of jus divinum and its relation to specific legislation and institutions in Church law has been seriously called into question by historical investigations. These have shown that much of what was later considered to be jus divinum was, in fact, the result of historical developments of the post-apostolic Church; e.g., "monarchical" episcopate. Likewise, recent studies point out that there is a great variety to the meanings and applications of the phrase.

3. Ministry in the Church

Certain theological axioms and presuppositions regarding ministry and its relationship to the Church have characterized the ecclesiology and law of the past several centuries. These must be reexamined to see if they truly respond to the economy of salvation.

For instance, it is often stated that no individual has a right to ordination to priesthood by virtue of baptism. Yet, in what sense can this be said to be true? What ecclesiology underlies this statement? Can it provide an adequate theology of charism which would recognize God-given calls and obligations?

Likewise, it is often repeated that by virtue of the specific form of its divine and apostolic constitution, the Church in history has no right to alter its major forms of ministry. Yet, to what extent is this compatible with the historical facts of change and the sound theological position that the Holy Spirit exercises a creative function in guiding Christians in the formation of doctrine and practice for new times and new conditions?

A final example may be given. It is often affirmed that women are excluded from the Church's ordained ministry both by the constant practice of the Church and by theological necessity. What theology of history underlies this statement? How is this to be reconciled with a theology of the freedom of all persons in Christ, and how is this to be related to the creative guidance that the Holy Spirit seems to be exercising today in the signs of the times?

These basic considerations lead us to recognize the fact that we do not yet have the answers to such serious questions. We believe that further historical and theological effort is necessary for a finer discernment of the divine will in these matters.

Any doctrinal clarification may have to be accompanied by a change in practice. At the present time, our practice is discriminatory against women in many areas. We will now examine some of these instances.

B. DISCRIMINATION IN CHURCH LAW

With new anthropological, historical and behavioral concerns being expressed throughout the world for the progression of peoples and the recognition and protection of basic human rights, it becomes necessary to examine the legislation within the Church that makes such aspirations and needs become a reality. In the question immediately before us, we have asked ourselves whether our present law properly recognizes the rights of women, and whether there are encouraging signs on the horizon enabling us to believe that any discrimination which now exists will be overcome.

1. The State of the Law Regarding the Rights of Women

The thinking of men and women on vital and significant issues is eventually reflected in the legislation governing their behavior. The laws of society usually ascertain new trends which, once they have proven their worth, are enshrined and embodied in legal principles and juridical expressions.

The necessity of acknowledging and implementing women's rights in the Church has led many canonists to realize the inadequacies of our present legislation. As emphasis shifts from institutions to persons, all persons must be recognized for their qualifications and aptitudes. Recognition must not be based on any particular sex, but on the qualities of all the baptized in the Church.

The laws of the Church are often couched in terms — and practices— that reveal a subordination of women to men. This subordination may at times be protective, at other times paternalistic in approach. For example, in Privilege of the Faith cases (cf. canon 1125), a man may in certain specified circumstances choose upon baptism to live with one of many wives he had been united to either simultaneously or successively. No such provision exists for women. Jurisprudence on questions of impotency and consummation (cf. canons 1068, 1119) is presented almost exclusively in terms of the male, with the woman having only a passive role in the entire coitional process. Norms for burial are preferential to the husband (canon 1229). In post-conciliar legislation, we find other examples, such as the requirement of papal cloister for contemplative orders of women, which is not required for contemplative orders of men (cf, Motu Proprio Venite Seorsim).

There are other instances relative to the life and ministry of priests. Out of a desire to protect the chastity of the priest, legislation has been written which gives the impression of suspicion of women rather than promotion of priestly virtue. Norms on housekeepers (canon 133), women's confessions (canon 910), and admission to the Cloister (canon 597) are but three examples of this situation.

In addition, the canonical legislation excludes women from administrative and judicial offices (canon 1574, and cf. Motu Proprio Causas Matrimoniales), from self-determination in many areas through exclusion of participation, and from full participation in the cultic and public life of the Church. Not only are women excluded from the Sacrament of Orders (canon 968); they are also excluded from reception of certain ministries (Motu Proprio Ministeria Quaedam). Since lay men are admitted to many of these functions, it is evident that the discrimination is based exclusively on sexual differences, at least in those areas which at present do not require the power of Orders.

Another area of discrimination concerns the juridical status of persons in the Church, A person presently acquires status in virtue of the following juridical facts: legitimacy of birth, baptism, age, place of origin, domicile, marital state, exercise of rights, proper bishop, consanguinity, affinity, and rite (canons 87-98). Many of these elements are specifically referred to the male: place of origin, domicile, legitimacy of birth, rite. A woman's juridical status is directly related to that of her husband, if she is married; or, in many instances, to her father if she is a minor child. A single adult woman enjoys status in law, but the married woman loses her status to acquire another based on necessary factors. No status is assigned directly by reason of sex, yet maleness and femaleness really determine a person's juridical standing.

2. Emerging Trends in Law

The principles of Vatican II regarding the dignity of persons (e.g., Gaudium et Spes, 13-15), non-discrimination (Lumen Gentium, 32), and the universal call to holiness (Lumen Gentium, 39), give rise in the new canonical documentation to positive trends in the recognition of women's rights. The proposed new marriage legislation, following upon the teachings of Gaudium et Spes, recognizes complete mutuality in the marriage partnership. Consummation of marriage must be a human act, and not simply a biological function (cf. proposed new canon 245). In mixed marriage, the consciences of both husband and wife are to be respected. The statements of the Synod of Bishops avoid anything referring to a special "role" for women, and base their teachings on the very mission of the Church. New organisms established to provide for consultation make no difference between men and women. There are bases for hope.

Yet, there are also serious inadequacies. Women are consistently barred from ordination and some ministries; they are still excluded from administrative positions; they are still spoken of in terms of "proper nature" or "role." These points will have to be considered carefully.

C. DISCRIMINATION IN ATTITUDES OF CHURCH PEOPLE

We recognize that discrimination is often based not on law, but on personal and social attitudes.

There has been an apparent assumption that women constitute a group with a "special" role, function, nature, and thus "special" status. Because of this supposed "special status," there is an existing protectiveness toward women which views them as quasi-adolescents and prohibits their assuming a full and responsible participation in the life of the Church

The polarity of inequity can be cast in terms of the paradigm male/ female, to which clergy/laity corresponds. Women seem to experience this discrimination in the Church within an atmosphere of fear and mutual uncomfortableness. Discrimination against women can result in apathy and alienation, frustration and anger, and often a commensurate clerical defensiveness.

A new status of women, still primarily identified with functions or roles, is being legitimized by a theology of non-discrimination, a theology of personhood, and a practice that meets growing acceptance. Barriers are falling and law must provide for juridical recognition of rights.

We regret that many people today do not wish to avail themselves of the opportunities provided in law and practice to promote the equality of women in all areas where it is possible. Fidelity to the promptings of the Holy Spirit calls for revision of attitudes in this regard.

With this basis, we turn to recommendations to help redress a situation that calls for a serious examination of conscience. Listening to the promptings of the Spirit, we feel invited to urge adoption of the following measures which will make the Church a more authentic witness to its own teaching.

II. RECOMMENDATIONS SUBMITTED TO THE CANON LAW SOCIETY OF AMERICA

A. JURIDICAL PERSONALITY

The participants in the Symposium on Women and Church Law find great potential for recognition of women's rights in a better understanding and utilization of the concept of a "single" juridical personality.

Although no provision of the Codex per se states that sex is a juridic fact, men are treated as the normative subjects of the law and women are frequently assigned a special "status." This results in conditional juridical personality in various instances. The declaration of a single juridical personality, common to both men and women before the law, would clarify the basis for equality in rights of all the baptized.

Canonists are urged to utilize this important clarification in their various endeavors.

B. ANALYSIS OF JURIDICAL DOCUMENTS

We recommend that the C.L.S.A. assign a permanent committee to analyze all new legislation, as well as drafts of proposed legislation, from the perspective of women's juridical status.

It is important that all new laws, decrees, etc., be examined as to their fidelity to the conciliar principles of non-discrimination and the dignity of the person, and as to their application of the concept of a single juridical personality.

C. IMPLICATIONS OF CURRENT PRACTICE

We discern in the current practice of the Church regarding women the basis for future legislative trends. We urge full development of the potential open in the following areas.

1. The Teaching Mission of the Church

Women are active in the teaching mission of the Church as educators in schools and religious education, in teacher training and academic pursuits. Women on occasion have been authorized to teach the Word of God in the liturgy. This exercise of the teaching mission should now be proposed in more positive and coherent terms officially.

2. The Sanctifying Mission of the Church

In recent times, women have been authorized to celebrate baptism solemnly, to be ministers of the Eucharist, to lead communal prayer, and to participate in more active liturgical roles including, for example, witnessing marriages (cf. October 19, 1975 Statement on "The Role of Women in Evangelization" from the Congregation for the Evangelization of Peoples). The implications of full involvement in the sanctifying mission of the Church should be carefully studied and promoted.

3. The Mission of Service in the Church

While women have been excluded from traditional functions of government, we have noted the beginnings of active participation in consultative bodies and their more direct role at all levels of the Church from the Roman Curia to parish councils. The new concept of "Team Ministry" is opening the way for many women to take a more active role in the pastoral service of the community. These developments deserve to be promoted and fostered.

D. MORE IMMEDIATE ACTION To BE TAKEN

Since all the faithful have the right to participate in promoting the well-being of the Church, and in receiving quality pastoral care, we recommend that steps be taken to implement these rights.

A first series of actions lies in utilizing all the faculties now granted by law.

The lay ministries of lector and acolyte are restricted currently to male lay persons by Norm 7 of the Motu Proprio Ministeria Quaedam. We find this inconsistent with the principles stated earlier in the same Motu Proprio concerning the rights and responsibilities of all the faithful. These ministries should be open to men and women.

Women should be given equal access to serve as extraordinary ministers of the Eucharist.

The development of pastoral teams, comprising faithful of both sexes, should be promoted.

In addition, unified efforts should be made to bring about changes in four specific areas of Church law:

1. Qualified lay women and men should be commissioned to preach the Word of God.

2. Women should be given the same access to Tribunal functions as has been given to lay men.

3. All administrative positions in the Church not requiring the power of Orders should be open to lay women and men.

4. Other instances of discrimination against women should be corrected, such as the question of Papal Cloister imposed on contemplative communities of women and other examples cited above.

E. STUDIES To BE CARRIED OUT

1. Jus Divinum

We recommend that the CLSA undertake or sponsor a study of jus divinum in the light of recent historical findings. Particular attention should be given to the methodological parallels with the hermeneutics employed in contemporary biblical and historical studies. Attention should also be given to applying these in the following questions:

a. Does jus divinum exist in a "pure form"? This question has also surfaced in examining the proposed Lex Ecclesiae Fundamentalis,

b. What is the relationship between "divine authority" and the laws and institutions which are thought to realize it?

c. What is the relationship between "divine authority" and the supposed immutability of that to which it is related?

2. Theory — Practice

We recommend that the CLSA undertake or sponsor an investigation into the history of the relation between theory and practice with regard to law and ministries in the Church. Likewise, we recommend that the CLSA investigate the possibility of developing an historically conscious theory of ministries and law which would clarify the relation between practice and theory, and lead to further developments.

3. Charisms

We recommend that the CLSA undertake or sponsor a study of the juridical effects of charisms among the baptized. Such a study would include investigation of:

a. The juridical development of the notion of charism as a gift from God for the building up of the community.

b. The criteria and process for the recognition of charisms.

c. Conditions for the exercise of charisms,

d. A system to evaluate and up-date the above criteria and process.

The "charismatic Church" and the "institutional Church" are one. The juridical consequences of charisms are such that they will probably lead us to an entirely new understanding of ministry in the Church.

4. Orders and Jurisdiction

There are two contradictory developments in the Church on the relationship of Orders and Jurisdiction. Vatican II reinforced the theoretical tie of jurisdiction and orders. Yet the pastoral practice of granting jurisdiction to the non-ordained has been officially sanctioned (cf. Motu Proprio Causas Matrimoniales). We recommend a thorough study of this phenomenon, leading to recommendations for resolving the contradiction.

In addition to the above recommendations addressed to the C.L.S.A., we have the following recommendations to the Church at large. These form the third part of our Statement.

III. RECOMMENDATIONS TO THE CHURCH AT LARGE

Our studies indicate much can be done at the present time to improve the juridical recognition of the status of women in the Church. We strongly urge that the following points be carefully considered and applied.

A. RECOMMENDATIONS TO THE CATHOLIC BISHOPS OF THE U.S.A.

1. Implications of Current Church Practices

The current practice of the Church, as noted above concerning women actively engaged in the mission and ministry of the Church, deserves formal recognition within our juridical system rather than being treated as exceptional or by means of dispensation. We urge the N.C.C.B. to develop particular legislation to regularize the present situation and to promote the active involvement of all Catholic people in the Church's mission and ministry.

2. Sexist Language

We ask that the N.C.C.B., in conjunction with other Episcopal Conferences, work to replace sexist language in liturgical texts. We ask that such language be replaced in Conference statements, in existing Church legislation, and carefully avoided in any future statements and legislation.

3. Implementing Stated Goals

Since the Bishops of the Church, both in the Second Vatican Council and in their particular pronouncements, have stated the necessity of promoting the active participation of women in the decision-making processes of the Church, we ask them to see that these statements and resolutions are implemented.

Areas of special concern are pastoral councils and consultation on new legislation even prior to distribution of new legal texts for comment.

4. Theological Preparation of Women

We urge the bishops, to the extent that it is their responsibility, to see that women have full access to theological training and the obtaining of professional academic degrees in the field of pastoral ministry. We likewise urge that their professional talents be fully recognized and utilized.

5. Due Process Procedures

We ask that dioceses and communities apply the approved Due Process Procedures to resolve instances of discriminatory action against women.

B, RECOMMENDATIONS TO THE CLERGY

We urge all priests to work toward affirmative action in filling positions in the Church. Women should not be excluded because of their sex, but should be afforded the same opportunities as others with equal qualifications.

We urge all priests and deacons to participate in continuing education programs, especially in regard to such matters as sexuality and relationships with women.

We ask them to include both lay and religious women in all liturgical roles already permitted to them.

C. RECOMMENDATIONS FOR ALL CATHOLIC MEN AND WOMEN

We urge all the faithful to support women as they strive to assume decision-making positions in the ministerial Church.

We are calling for affirmative action on parochial, diocesan and national levels in urging that all appropriate means be employed to promote the juridical equality of women.

Conclusion

The participants in the C.L.S.A. Symposium on Women and Church Law are grateful for the opportunity afforded us to study the important issues considered above.

We are trying to be responsive, as are all Church people, to the promptings of the Holy Spirit who urges us, in many ways, to strive for the betterment of humanity and the respect of God-given rights.

We have come to a better understanding of the mutuality of men and women. We have seen during our studies that distinctions must not be made on the basis of a so-called "special nature" or "special role" of women. We have seen how the concept of single juridical personality, with its ensuing rights and obligations, holds great potential for the furthering of a correct understanding of the juridical status of women.

We thank the Lord for this gift. We hope now that it may be shared with all other men and women of good will who are seeking for the perfection of charity and for the perfection of the Church of Christ, which has been established as a light and guide for all nations.

October 11, 1976 Rosemont College

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