From canon lawyer Ed Peters:
We live in pervasively antinomian times [editor's note: read about antinomianism here], and basic unawareness of law is all around us. Yet ignorance of what law is, of why we have it, and even of how one needs to talk about law in order to make good sense, hampers the cause of clarity and reform.
The recent comments of Archbishop Lorenzo Baldisseri, new Secretary General of the Synod of Bishops, regarding possible changes in the canonical discipline of withholding holy Communion from Catholics divorced-and-remarried outside the Church, seem a good example of antinomianism. But, while several recent Roman statements benefit by interpretation secundum leniorem (in particular, not taking every unhappy phrase as a harbinger of doctrinal disaster), I think that Archbishop Baldisseri’s remarks require something more. They require, I suggest, direct response.
“A new approach needs to be taken with respect to the administration of the sacraments to remarried divorcees.”
Simply put, there is no pastorally plausible middle-ground between admitting one to holy Communion and not admitting one to holy Communion. (What is one to suggest? Allowing divorced-and-remarried Catholics to take Communion every other Sunday?) Setting aside some rare fact patterns that even now would countenance divorced-and-remarried Catholics going to Communion (e.g., living in a brother-sister manner), the only “new approach” to prohibiting Communion to divorced-and-remarried Catholics would be to permit Communion to divorced-and-remarried Catholics. Trying to pass off a reversal of discipline by describing it as a “new approach” is a disservice to this important issue.
I suggest, we do not need to rid ourselves of “taboos” in regard to Communion for divorced-and-remarried Catholics because there are no “taboos” associated with the prohibition.
What there is, on the other hand, is Christ’s teaching on marriage, the Church’s teaching on the Eucharist, and the long-settled practice linking one’s observance of our Lord’s teaching on the former with receiving Him in the latter, that need to be clearly and forthrightly explained, defended, and oberved as, indeed, Abp. Gerhard Müller recently did in a manner approaching brilliant.
In the meantime, antinomianism in high places, no matter how it got there, is still antinomianism. And I trust it’s not taboo to say so.