Question and Answer is a new feature in The Record that addresses questions about clergy sexual abuse.

The Record –

Q: Should abusive priests be removed from the priesthood? Reading about the criminal and evil behavior of some priests who have abused children, some readers ask: “Why can’t bishops just “fire” priests in this situation?”

A: The answer to this question has both theological and canonical (Church law) dimensions. Priests are not “employees” in that sense of the term. Priests make a lifetime commitment of service to our local Church and a promise of obedience that binds the individual priest to participate in the ministry of the Bishop. Ordained priests are charged to carry on the mission of Christ entrusted to his disciples. Our Church tells us that this leadership role of the ordained priest reflects the ministry of Jesus as “head of the Church” and as one who came to serve and not be served.

Holy Orders is a sacrament that confers a permanent bond between priests and their bishops and between priests and the people they serve. It is a sacramental bond of loving service to the people of God. This is certainly seen every Sunday in the celebration of the Eucharist. Priesthood, once validly conferred by the Bishop, can never be taken away.

An analogy, though not perfect, can be used to explain this reality. Once a woman has had a child, she is a mother. Something has happened to forever change her identity. She may be a good mother, a bad mother or an absent mother. She may choose to have others raise her child, or she may behave in such a way that her child is taken from her. However, she remains a mother. So it is with priests. Once validly ordained, he is a priest — something has forever changed his identity. He may behave in such a way that his ministry is taken from him, but he remains a priest.

Another dimension to this question is the canonical principles that apply to priesthood. Though the ordained priesthood is permanent, it is possible to remove a priest from some or all of his ministerial duties. However, there are many protections embodied in canon law, particularly for pastors, that make this process challenging. Historically these protections came from incidents, particularly in the Middle Ages, where some bishops arbitrarily removed priests. The particular protection for pastors also is in place because the Church recognizes the profound union that exists between a pastor and his people.

An analogy that can be used to explain the protection of pastors is that of a tenured professor. In this situation, the faculty has responsibility for the essential mission of the college or university — the mission of education. University presidents may come and go, and so may faculty members, but the faculty is at the heart of the operation. Tenured faculty, who have made a special commitment to a particular school and who have proven their commitment over time, receive a protected status and cannot be easily removed once they have tenure. So it is with priests who have been appointed pastor of a parish. Because of the special commitment of service that should be established between a pastor and his people, Church law protects the stability of the pastor’s office. Thus, pastors have protected status in Church law and cannot be easily removed.

The process for removing a priest from ministry is often misunderstood. The media uses the term “defrocking,” though this term has no meaning in Church law or theology. Theologically, priests always remain priests, but they may leave the clerical state either through laicization or dismissal. Laicization is granted by the Holy See under certain circumstances at the request of the priest. Dismissal is a punishment imposed either by law or by the Holy See. Both of these processes are lengthy, and dismissal — because it is a punishment — is protected by a stringent due process.

Our canonical processes always strive to 1) repair the harm, 2) restore justice and 3) reform the accused. Our efforts to address the present crisis in the Church will follow these principles as well. We will repair the harm by reaching out to victims and removing a priest or employee from ministerial duties if the accusation is substantiated. We will restore justice by cooperating with civil authorities, by assisting the victim, and by developing appropriate procedures and policies to prevent abuse and promote safety. We will reform the accused by offering treatment and by determining fitness for ministry.

Archbishop Thomas C. Kelly, O.P.


Questions from readers are welcome.
Send questions to:

Question and Answer, The Record
1200 S. Shelby St.
Louisville, KY 40203-2600
E-mail: record@archlou.org

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