UNITED STATES
National Catholic Reporter
May. 26, 2010
By Thomas P. Doyle
Excommunication is the most severe penalty a Catholic can incur. It is so severe that it is not easily presumed or imposed. In the case of the sister from Phoenix who was declared excommunicated by Thomas Olmsted, the bishop of the Phoenix diocese, the issue is far from clear as it has been presented by the diocese in their Question and Answer statement issued on May 18, 2010. This tragic case involves the convergence of canon law, moral theology, medical ethics, and medical science, all of which should have been carefully considered before any prudential decisions were made by anyone directly involved.
The basic elements of the case have been widely reported in the Catholic and secular media: a religious sister who was directly involved in the decision making process to terminate an eleven week pregnancy in order to save the mother's life, was presumed by the local bishop to have fulfilled all of the requisites for the canonical crime of abortion. Abortion is one of seven crimes included in the Code of canon law that result in immediate and automatic excommunication. The Code contains a number of acts that are deemed to be crimes. All but seven require a process to prove guilt, convict and impose a sentence. Automatic excommunication, called latae sententiae in canonical language, means that as soon as the person performs the act, he or she is excommunicated. ...
This certainly appears to be a case of necessity as envisioned by the Code. One of the respected commentators on canon 2205, 2, Gommar Michiels, writing in 1929 said:
"In penal law necessity may be defined as that objective condition of things, brought about in any manner whatsoever, in which an act that according to penal law is to be placed or omitted cannot so be placed or omitted because of an absolute or moral powerlessness, whether this latter be physical or spiritual." (De Delictis et Poenis, I, 199).
In less dense language, this means that the condition of things, that is, the combination of the pregnancy and the critical heart condition leading to a nearly 100 percent chance of the mother's death, and the absence of any other medical procedure that would enhance the mother's chances, presented a situation where the sister and possibly the others in the decision making process, were in a situation described by the canonical commentators as "moral powerlessness." (Information about the case obtained from the "Fact Sheet" prepared by Catholic Healthcare West and found on the National Catholic Reporter Web site.)