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Is Pope Francis warning the Roman Curia?

John O'Loughlin Kennedy • May 05, 2021

Eleven examples of where the curia has failed to implement decisions of Vatican ll


Pope Francis made it clear recently that unless one accepts the magisterial authority of the Second Vatican Council (1962-65), one is not “with the Church”.

He was speaking to the catechists of Italy, but that part of his message was clearly addressed to a wider audience. The media understood this and gave it widespread coverage. The pope said there could be “no concessions” or “selectivity” and that “we must be demanding and strict on this point”.

His uncharacteristically stern call for acceptance prompts speculation as to where he has encountered resistance to the Council. It is not among the laity.

The many organizations calling for reform that have sprung up around the Catholic world are characterized by a demand for the full and honest implementation of the Council.

The outstanding need for Francis’ exhortation is located much closer to home: in the Roman bureaucracy.

Nowhere have the deliberations of Vatican II encountered more resistance and prejudicial reinterpretation than in the papacy itself. Nowhere has the lack of respect for the authority of the Council been more apparent than in the actions and inactions of the Roman Curia.

Every bureaucracy prioritizes its own power and authority and tries to control or suppress competing power centers. The curia is no exception.

While the infallibility conferred on the pope in 1870 had conditions attached which have limited its use to one occasion since then, the “infallible” title itself has allowed the papacy to present many fallible teachings as if they were infallible.

“You are mistaken, the curia is the pope”

While nobody claims that papal encyclicals and apostolic letters are infallible, key elements extracted from them are routinely treated as infallible. The growth of this practice over the years is known among the clergy as “creeping infallibility”.

It is in fact pseudo-infallibility and there is now so much of it that its defense is taking top priority, lest confidence in the papacy be imperilled. Defending the indefensible leads to faulty reasoning, deception and even to lies.

The Roman Curianormally manages and controls access to the popes, who tend to be elderly and hopelessly overworked. It outlasts them. It selects the bishops, rules them, and controls their promotion. It controls episcopal conferences through imposed statutes. The curia is thus the effective government of the Church.

Pope John Paul II confirmed this after 17 years’ experience in the office when he told Cardinal Paulo Evaristo Arns of Brazil, “You are mistaken, the curia is the pope.

“The resistance of the curial bureaucracy to the Second Vatican Council was evident from the day Pope John XXIII announced his intention of calling it. They issued a press release which misreported what he had said.

His warm and welcoming invitation to the other Christian Churches was watered down and deliberately chilled. His reference to them as “Christian Churches” was edited to read “separated communities” and his invitation to “a banquet of grace and brotherhood” became a call to “follow Us … in this search for unity and grace”.

Thus, John’s deliberate openness to ecumenical possibilities between the Churches was replaced with an invitation to reunion —an invitation which had been rejected consistently by Protestants everywhere since the Reformation.

The Roman Curia, which can boast no theological or scriptural grounding beyond being a helper to the Bishop of Rome, was aware that ecumenism would pose a threat to its dominance and power. It could not openly challenge Pope John, of course, but as managers of the meetings and of official communications it continued its resistance piecemeal throughout the entire Council.

One of the most respected of the participating theologians, Fr Yves Congar, decried “the people of the curia, who are felt to be trying to sabotage the Council”.

Proposal for collegial governance outmaneuvered

The Council was about reform, but the need to defend exaggerated infallibility demanded that no teaching should change, although some did change. Moreover, the self-perpetuating bureaucracy that runs the church feared the loss of power that would accompany ecumenism or any change in governance.

The idea that the College of Bishops could provide better long-term governance had emerged organically from the Council discussions. It gained a momentum during the third session(1964) that could not be halted.

Instead, in was forestalled.

When the bishops reassembled for the fourth session (1965) expecting to discuss how collegial governance would be implemented they were faced with a fait accompli.In the opening address and in an apostolic letter promulgated one day later, they learned that in place of the proposed governing body of bishops, Pope Paul VI was establishing an advisory Synod of Bishops.

Its structure and statutes had been decided in detail. It would be under the control of the curia.

A new permanent Church institution was being set up. Incredibly, the bishops of the world, already assembled in Ecumenical Council, were not given an opportunity to decide, or debate the matter. Their opinions at that stage could only have been an embarrassment.

The proposal for collegial governance of a more ecumenical church had been outmaneuvered and the hegemony of the curia, safeguarded.

Eighteen years later, the new Code of Canon Law, was prepared by the curial experts. They dutifully recognized the concept of collegiality, only to consign it legally to oblivion. The code legislated that the College of Bishops could only meet to discuss a controlled agenda when summoned by the pope. This put it also under the control of the curia.

Eleven areas where Vatican Council II has not been followed

Since the Council, the papacy has consistently professed acceptance of its spirit and letter. Many actions, however, belie the protestations.

Eleven of these are touched on briefly here. A more reasoned and nuanced treatment can be found in my recent book, The Curia is the Pope.

  1. The Council had reversed Pope Pius XI’s condemnation of ecumenism, declaring instead that it was a “movement, fostered by the grace of the Holy Spirit”. After Pope Paul VI died, the papacy put the brakes on ecumenical progress, and it has even defined new obstacles. The “ecumenism spring” that followed the Council suddenly became an Ecumenical Winter that has lasted forty years.
  2. The implementing revisions of canon law were stalled until after the death of Pope Paul VI who was deeply committed to implementing the Council.
  3. Freedom of religion and the primacy of conscience were major decisions of the Council. They have not yet been applied within the Church.
  4. The Council expressed dissatisfaction with Catholic moral theology. Its call for a renewal”more thoroughly nourished by scriptural teaching” has been ignored by the curia, except for persecuting theologians and pastors who dared to make a start on it.
  5. The Council turned away from defining infallibilities, even inadvertently. Yet the curia continues to burden the faithful with pseudo-infallible teachings.
  6. The Council decreed that”a fitting revision of diocesan boundaries be undertaken prudently and as soon as possible”. This has not been done.
  7. The Council specifically gave the responsibility for vernacular translations of the liturgy to the to the bishops in their relevant language groups. The curia reversed this Council decision and took back this work. For the English-speaking world, this has resulted in a liturgy in a Latinized English that certainly is not the vernacular, that nobody wanted and that is very alienating foremost people. Moreover, the curia banned the sharing of common texts with other Christian churches and recently opted for an English translation of the Bible that is less scholarly and uses sexist language to create more alienation.
  8. The Council confirmed that the Eucharist is the source and summit of our spiritual life. The papacy has consistently prioritized traditional practices, regulations, prejudices and the prerogatives of the professional priesthood ahead of Christ’s Eucharistic mandate,”do this”, and his instruction to “make disciples of all the nations”.
  9. The Council stressed that “in Catholic teaching there exists an order or ‘hierarchy’ of truths, since they vary in their relationship with the foundation of the Christian faith”.This has been played down by the curia. If taken seriously, it would lead to a seismic reordering of priorities.
  10. In drafting Lumen Gentium, the Dogmatic Constitution on the Church, the Council very deliberately prioritized its chapter on the People of God ahead of that on the hierarchical structure. This was not what the curia had intended. Wherever possible since then, the curia has avoided using the phrase”People of God” with its inference that Christ’s promise to be with us to the end of the age was addressed to his entire Church.
  11. The Council recommended the setting up of episcopal conferences. Although these were potentially competing power centers, the bureaucracy could not be seen to oppose them openly. Instead, it later abused holy obedience to foist statutes on the conferences that had the effect of emasculating them. Their decisions can only be made by unanimous vote. If one bishop is found to disagree, the decision must revert to Rome. And Rome can easily bully an individual bishop. The insistence on absolute unanimity for relatively trivial decisions compares oddly with the ruling in 1870, by Pius IX, that allowed papal infallibility and universal jurisdiction to be imposed on the consciences of Catholics “irrevocably” by a simple majority vote!
A lasting reform of the Roman Curia is still possible

This list proves that Pope Francis’ call for loyalty to the Second Vatican Council needs to be heard in the Roman corridors of power.

The book referred to above explains the inability of the bureaucracy to listen to the faithful. Will it be able to listen to the pope?

Will it be able to hear a warning that applies to itself?

It is now eight years since Francis asked his advisory Council of Cardinals to help him plan the reform of the Roman Curia.

Evidently, this has encountered significant resistance. For as long as the curia is independent of the People of God and controls its own recruitment and internal promotions, its ethos will not change. It can be expected to outmaneuver any gradual program of reform initiated by a pope, if not in his lifetime, then after his death.

However, a lasting reform of the Roman Curia is still possible.

A pope, using his currently unlimited powers could, by edict, decentralize some of the duties of the curia and give them back to the bishops. He could reconstitute the remnant of the curia as an administration serving an enduring governing body of elected bishops headed by the pope, as envisaged by the Council.

This would have to be set up initially with papal appointees to create a counterforce that would resist the push-back of the curia and would survive the reforming pope. It would have to develop its own structures, electoral system, statutes and standing orders, schedule its own meetings and set its own agenda in consultation with the episcopal conferences.

Going forward, it would be composed of the pope and elected bishops, a proportion of whom would retire each year to maintain continuity.

In this way, the reform of the Roman Curia would be fittingly achieved by implementing the great vision of the Second Vatican Council, collegial governance by the bishops with the pope. It would also give the People of God some input into the way their visible Church is run.

So, while Pope Francis did not identify his target directly, there can be little doubt as to who the cap fits and who should be listening when he stresses that “being ‘with the Church’ demands loyalty to the Council”.And we can only hope and pray that Francis and his reforming cardinals will offer “no concessions” to a curia “that does not agree with the magisterium of the Church”.

John O’Loughlin Kennedy is a retired economist and serial social entrepreneur. With his wife, Kay, he founded Concern in Ireland in 1968 and guided it for its first ten years. In addition to responding to humanitarian crises, Concern currently employs 3,500 people on agricultural development and educational and medical projects in 24 of the world’s poorest countries. His recent book The Curia is the Pope is published by Mount Salus Press
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Soline Humbert: Tensions between Love and Law I have neither the desire nor the competence to write an analysis of Fiducia supplicans (FS). Instead, I would like to share some real-life stories which have resurfaced for me upon reading the document. The first wedding I ever attended was that of my aunt and the one I came to call my uncle. I was four years of age. I knew they were getting married, but not that it was a civil wedding, ‘irregular’ in the eyes of the church since my uncle was a divorcee. The years passed by, they had a child, but the marriage broke up soon after. The separation and subsequent divorce were quite painful and left a lot of bitterness in my aunt. Three decades passed without any contact; then my uncle somewhat unexpectedly reconnected with his daughter. I was close to my aunt, and I saw how this challenged her deeply, including at the level of her faith. She had kept all these years a diary of the breakup, which contained many painful entries. 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There could be no ecclesiastical blessing. And my aunt would from now on be again excluded from receiving Communion. Until my uncle died that is, a few years later In this story, the Canon Law concern with order and regularity cuts athwart the human development and the decisions based on love. The sharp distinction between those in a ‘regular’ union celebrated and blessed in church, and the others, the ‘irregulars,’ reminds me of the label put on some children, until recently, dividing them into ‘legitimate’ and ‘illegitimate.’ Pope Francis seems aware that the categories of Canon Law are not necessarily the prism though which God views our relationships, and that there are relationships that just do not fit into them but need pastoral accompaniment. And this leads me to the other category of people mentioned in FS, the category more highlighted in discussions: same-sex couples. The early headlines shouted: ‘Vatican blessings for gay couples!’ I welcomed what appeared to be a more inclusive approach after the CDF document of a few years ago (‘No blessings for gays’), which it is. And for the first time the word couple is used. But I was dismayed when I started reading the list of all the conditions and restrictions. A good friend of mine, who is gay, called it: ‘a mean, little blessing.’ Of course that may be better than no blessing at all, just as a crumb of bread is better than a stone, but I do not recognize in it the extravagant generosity of the God of Jesus. I didn’t know whether to laugh or to cry when reading the expanded list of restrictions in the subsequent clarification from the Dicastery, because of pushback about the very notion that gay couples could be blessed at all. I couldn’t believe it ended up specifying the blessings would be all of 10-15 seconds. This reminded me of another story, about my grandmother-in-law’s wedding day, 100 years ago. Decades later, when she spoke about it you could still hear some of the pain and hurt. She, a Roman Catholic had married a member of the Church of Ireland (Anglican) in what was then called a ‘mixed marriage.’ Yes, they had received a nuptial blessing. But it had been at 9 o'clock, in the sacristy, with no guests. Another mean, little blessing,’ as prescribed by canon law. An addendum is that when her husband died she was advised by the parish priest not to go to his funeral service because it was in a Protestant church, and therefore would be gravely sinful. She went anyway! FS went out of its way to stress the difference between the pastoral and the doctrinal, and that blessings belong to the pastoral dimension and do not affect in any way the doctrinal teachings of the Church. There is no change, no development, and it may be over-sanguine to imagine that this is step in that direction; it could even by a ploy for fobbing it off. Love cannot be controlled, and we need a good dose of humility when we claim we know what God's plan is for people. Besides a long life, two decades in the ministry of spiritual direction have shown me that the ways of God don’t fit in neatly in our ‘regular/irregular’ church categories. The Spirit blows where it wills, and so does Love. Let us celebrate it, rejoice in it, give thanks for it wherever we find it. As the late Fr Mychal Judge OFM asked: ‘Is there so much love in the world that we can afford to discriminate against any kind of love?’ 2. Joseph S. O’Leary: Accompaniment, Dialogue, and Compassion The clergy have taken responsibility for matrimony not only in sacramental celebration of weddings, including preparation for marriage, but also in for the canon law aspect, ensuring that couples were validly married; in many countries married in church counted as valid in the State’s eyes as well. When Pope Francis deplores ‘clericalism’ one of the things he means is a bureaucratic concern with order and regularity that is harshly unsympathetic with people in irregular situations—single mothers, divorcees, priests awaiting laicization—, shunning them rather than accompanying them. The various conundrums that can arise, especially in countries where divorce is easily available, require a response. Pope draws on the category of blessing to bridge the gap between those whose marital lives are in order and those who live with messy situations. Blessings are not sacraments but ‘among the most widespread and evolving sacramentals’ (Fiducia supplicans [FS], 8). ‘Pope Francis proposed a description of this kind of blessing that is offered to all without requiring anything’ (FS, 27). The short document does not develop a rich, sophisticated theological concept comparable with Augustine on Grace or Luther on Justification by faith. Blessing is invoked for a practical purpose, to close the gap between love and law, between boldly welcoming all and continuing to police moral and legal behaviors. The distinction between objective and subjective morality (whereby something objectively immoral could be ‘diminished in guilt, inculpable, or subjectively defensible,’ as Paul VI put it), which allowed condemnation of artificial birth control in principle and pastoral accommodation of it in practice, might be seen as a similar practical solution that avoids facing an issue with honesty, in open discussion. In the present case the most remarkable tension, or contradiction, is between the rejection of blessings of same-sex couples, characterized as sinful, only a few years ago and the encouragement of such blessings in the new document. The most striking and innovating feature of FS is that it addresses a kind word to gays and lesbians, something the Vatican has not done officially since it began to address same-sex questions explicitly in 1975 (Persona humana), and most ambitiously in a treatise on ‘the problem of homosexuality’ in 1986. Gays and lesbians appeared on the Vatican radar screen only as a problem for the CDF’s sense of order, and there was no sign of dialogue with the people concerned or of pastoral accompaniment of them in their path in life. On a flight back from Africa last year, Francis told reporters: ‘People with homosexual tendencies are children of God. God loves them. God is walking with them. To condemn someone like this is a sin. To criminalize someone for homosexual tendencies is an injustice’ (Wall Street Journal, 5 February, 2023). Such an utterance says almost nothing, but it stresses the idea of accompaniment, and this is also the central thrust of FS and of the Pope’s pastoral policy in general. FS is the first time this policy has got an official articulation, minimal as it is; the danger is that it may be seen as solving the issue for now, instead of engaging in the human dialogue and theological rethinking that is required. Still talking of ‘someone like this’ (an embarrassed locution), the papal language does not yet really amount to listening or dialogue, since there is no forum for such dialogue in the Church (not even in the recent Synod). Gay couples have been blessed by common sense pastors, and would be regarded by many of the clergy with admiration and envy. They have wrongfooted Vatican teaching by the unexpected success of their relationships and their impact on society. But there is a group whose need is greater and that FS does not mention, namely the T in LGBT, suffering from what the doctors call ‘gender dysphoria.’ Cardinal Fernández rather shockingly promised conservative critics unhappy with FS that they will be happier with a forthcoming document condemning ‘gender ideology’ and surrogacy. This kind of horse trading and scapegoating is inappropriate in dealing with real human beings and their suffering. I have a friend who is biologically female but identifies as a man and has had his name legally changed to match that gender identity. The problems and sufferings he has had to face are crushingly severe. Here too the church has a duty of accompaniment and dialogue, not pontification and condemnation. A few years ago our former Irish President Mary McAleese, an outspoken Catholic woman, as well as Ssenfuka Joanita Warry, a brave activist in Uganda on behalf of heavily oppressed gays and lesbians, were disinvited by a Dublin-born cardinal from a women’s meeting supposed to be held in the Vatican. Here is ‘clericalism’ again, and the refusal of dialogue. Pope Francis has put compassion center stage in his reading of the Gospel. In fact, that is perhaps the central feature of the character of Jesus, his quick response to those in distress and his speed in coming to their assistance, as a healer. Is that the trait we think of when we think of him? A regular orderly life, a bit of prayer, an offering of our work for the glory of God, is not that our Christian ideal? But the Gospel makes other demands: generosity, compassion, self-giving, sacrifice. We easily miss our neighbor’s distress, though it is all around us if we care to look for it. We choose the street where we will not meet someone asking us for money, stepping to the other side. There is a striking line in that cruel and almost unbearable play, King Lear: ‘Expose yourself to feel what wretches feel.’ When Pope Francis talks of accompaniment and dialogue he is calling us to that kind of compassionate tenderness. His heart is in the right place, and he has done quite a lot to disentangle the Gospel from the bureaucratic knots that threaten to stifle it. He has called on the whole Church to join him in this, through the synodal process, so as to become a welcoming, empathetic church, shaking off hypocrisy. In striking gospel joy and God’s unbounded love he encourages a more progressive and positive vision of human nature and its unexplored potential. 3. Mary McAleese: The First Step on a Damascene Road? The Declaration Fiducia supplicans (FS) promulgated by the Dicastery for the Doctrine of the Faith with Papal approval on 23 December 2023 has provoked controversy and an unusual number of post-publication curial and papal explanations about its content. For all that its subject matter deals with access of Catholics in irregular unions to simple, spontaneous, informal blessings, in fact its import for the universal Church is far from simple. It deals with an issue that had been discreetly nudging some European dioceses, notably German, Austrian, Swiss, and Flemish, towards a new culture of inclusion of gay Catholics which countenanced priestly blessings for gay couples who were civilly married as jurisdiction after jurisdiction in the West made provision for same-sex marriage and traditional hostile attitudes to homosexuality gave way to acceptance, dismantling of oppressive laws, and the assertion of equal rights. In the global south the opposite was happening as resistance to gay rights provoked tighter laws against homosexuality (sometimes with the encouragement of Catholic bishops). The issue flared when the German Catholic Church’s Synodal Way proposed to permit church blessings for Catholic gay civilly married couples. Their plan was decisively dashed when in February 2021 the Congregation for the Doctrine of the Faith published, with papal approval, its Responsum to ‘a dubium regarding the blessing of the unions of persons of the same sex.’ It concluded that ‘the Church does not have, and cannot have, the power to bless unions of persons of the same sex.’ The reasons advanced included that they would constitute ‘a certain imitation or analogue of the nuptial blessing’; homosexual unions are in no way ‘similar or even remotely analogous to God’s plan for marriage and family’; such relationships are not ‘objectively and positively ordered to receive and express grace’: God ‘does not and cannot bless sin.’ If the responsum was designed to end all debate on the subject it had the opposite effect. Its judgmental language chimed badly with what had been widely perceived as a more tolerant attitude in papal comments to reporters on a flight back from Brazil after World Youth Day, 29 July 2013: ‘If someone is gay and is searching for the Lord and has good will, then who am I to judge him?’ However often overlooked was the fact that he had prefaced his remarks by restating church teaching that views homosexual acts as sinful. Indeed more recently he had echoed Pope Benedict’s opposition to admitting homosexual men to the priesthood when in a private session, he advised the Italian Bishops’ Conference on the subject of admitting gay men to seminaries to train for the priesthood saying: ‘If in doubt, better not let them enter.’ There can be little doubt but that in the clamor of disappointment that greeted the Responsum ad dubium, Pope Francis came under enormous pressure to bring some kind of reconciling clarity to his views particularly as the reports from Synodal discussions at diocesan level, by then were indicating strong support for reform of church teaching on homosexuality among other things. Shortly before the October 2023 Synod of Bishops met, a small group of conservative cardinals pushed Pope Francis for that clarity. He did not give the answer they wanted. Instead according to FS the possibility was opened up of revisiting the Responsum ad dubium and ‘offering new clarifications’ ‘in light of Pope Francis’ fatherly and pastoral approach.’ The Declaration was presented as an explanatory update on the Responsum ad dubium rather than what it actually was, a contradiction which still leaves a lot of doubt about where the Pope is steering the bigger debate on magisterial teaching on homosexuality. At one level the Declaration can be seen as little more than a limited concession to gay Catholic couples which permits a priest, if asked, to give informal ’short and simple pastoral blessings (neither liturgical nor ritualized) of couples in irregular situations (but not of their unions).’ The Declaration ‘remains firm on the traditional doctrine of the Church about marriage, not allowing any type of liturgical rite or blessing similar to a liturgical rite that can create confusion.’ To avoid confusion, the blessing must be free of all ‘wedding’ context including ‘any clothing, gestures, or words that are proper to a wedding’ (FS, 31). The Declaration suggests that ‘such a blessing may instead find its place in other contexts, such as a visit to a shrine, a meeting with a priest, a prayer recited in a group, or during a pilgrimage’ (FS, 40). At this level the Declaration slaps down the more liberal, advanced dioceses which had moved towards formal liturgical blessings for gay couples, while also slapping down the narrow view of blessings and even narrower view of God’s grace presented in the Responsum ad dubium which offered precisely nothing to gay Catholics. I remember my own reaction to the Responsum and in particular the realization that it had been published with the full acquiescence of Pope Francis. As the sister, mother, and mother-in-law of three deeply Christian gay men I was horrified to the point of despair, enough to send a scathing letter to Pope Francis in which I quoted (in my own translation) the final stanza from the famous Irish love poem ‘Dónal Óg’: You took my North, you took my South, You took my East, You took my West, You took the sun from me and you took the moon And I do believe you even took my God from me. Nowhere in that disheartening document could I see Christ, nowhere could I see God’s love, and worse still nowhere could I see a place to be part of a loving God’s complex family where grace flowed freely. I imagine I was not alone. I imagine Pope Francis was the recipient of a lot of letters from the faithful who felt they had reached the end of the road of faith in the Church and faith in him as its leader. The Declaration when it came was very much an act of putting a finger in that disintegrating ecclesial dyke. If that is all it is it will not be enough. At another level, the most critical level, the Declaration has to be potentially the first step on a Damascene road to the ‘fundamental revision’ of Catholic Church teaching on homosexuality called for by Cardinal Hollerich of Luxembourg, then President of the Commission of the Bishops' Conferences of the European Union (from 2018 to 2023) and currently Relator General of the Synod on Synodality. He believes ‘that the sociological-scientific foundation of this teaching is no longer true’ and that ‘we are thinking ahead in terms of doctrine. The way the pope has expressed himself in the past can lead to a change in doctrine.’ Cardinal Hollerich fortunately is not a lone voice, though he has many episcopal and other opponents within the Church. Accompanying each other, listening to one another, standing in the shoes of the other, and then starting anew in dialogue and consultation, we may outgrow frozen teachings on LGBT questions, as we previously overcame horrendous historic teachings which favored slavery, sexism, sectarianism, all with countless victims. Fiducia supplicans may seem to offer extremely little from Mother Church to her LGBT children, yet it could signal the beginning of an era of discussion, learning, and frank sharing, melting long centuries of hypocrisy.
by Colm Holmes 24 Mar, 2024
Excellent documentary on BBC2
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