Editing Loss of clerical state

{{Short description|Removal from clerical membership}}
{{distinguish|Lay communion}}
{{canon law}}
In the [[canon law (Catholic Church)|canon law]] of the [[Catholic Church]], the '''loss of clerical state''' (commonly referred to as '''laicization''', '''dismissal''', '''defrocking''', and '''degradation''') is the removal of a [[bishop]], [[priesthood (Catholic Church)|priest]], or [[deacon]] from the status of being a member of the [[clergy]].

The term ''[[defrocking]]'' originated in the ritual removal of [[vestment]]s as a penalty against clergy that was eventually codified within the ''[[Roman Pontifical]]''. [[1983 Code of Canon Law|Contemporary Latin Catholic canon law]] does not contain such a ritual,<ref>{{Cite web|url=http://www.catholicculture.org/commentary/otn.cfm?id=656|title='Defrocking' priests: the media keep asking the wrong question|website=www.catholicculture.org|access-date=February 18, 2019}}</ref> leading some to consider it an inaccurate description of laicization.<ref>{{cite book|title=Our Sunday Visitor's Catholic Encyclopedia|last=Stravinskas|first=Peter M.J.|page=293|date=1991}}</ref> However, others consider "defrocking" a synonym to laicization that is especially popular in English.<ref>{{cite book|title=A Catholic Dictionary|last=Attwater|first=Donald|author-link=Donald Attwater|edition=3rd|publisher=[[Macmillan Company]]|date=1962|location=New York City|pages=140, 505}}</ref> While the ritual removal of the vestments no longer exists, canon law still prohibits the wear of a [[clerical collar]] by laicized priests.<ref>{{cite web|url=https://theconversation.com/theodore-mccarrick-will-continue-to-be-a-catholic-priest-111964|title=Theodore McCarrick will continue to be a Catholic priest|work=The Conversation|date=20 February 2019|first=Mathew|last=Schmalz|access-date=18 December 2022}}</ref>

In the Catholic Church, a bishop, priest, or deacon may be ''dismissed from the clerical state'' as a penalty for certain grave offences, or by a papal decree granted for grave reasons. This may be because of a serious criminal conviction, [[Heresy in the Catholic Church|heresy]], or similar matter. Removal from the clerical state is sometimes imposed as a punishment ({{Langx|la|ad poenam}}),<ref>{{Cite web|url=https://www.archmil.org/reorg/bardate/ClergyOffenders/Hanser.htm|title=David Hanser|website=www.archmil.org|access-date=February 18, 2019|archive-date=March 31, 2019|archive-url=https://web.archive.org/web/20190331124203/https://www.archmil.org/reorg/bardate/ClergyOffenders/Hanser.htm|url-status=dead}}</ref> or it may be granted as a favour ({{Langx|la|pro gratia|links=no}}) at the cleric's own request.<ref>{{Cite web|url=http://clergyfiles.la-archdiocese.org/files/Plesetz,%20Gerald.pdf|title=An example of ''pro gratia'' laicization}}</ref> A Catholic cleric may voluntarily request to be removed from the clerical state for a grave, personal reason.<ref name="isbn0-87973-669-0" /> Voluntary requests were, as of the 1990s, believed to be by far the most common means of this loss, and most common within this category was the intention to marry, as most [[Latin Church]] clergy must as a rule be [[Clerical celibacy (Catholic Church)|celibate]].<ref name="isbn0-87973-669-0">{{cite book
|last1=Shaw |first1=Russell B.
|last2=Stravinskas |first2=Peter M. J.
|title=Church & state: a novel of politics and power
|publisher=[[Our Sunday Visitor]]
|location=[[Huntington, Indiana]]
|year=1998
|page=595
|isbn=0-87973-669-0 }}</ref> Canon law was amended in March 2019 to allow dismissal from their community, though not dismissal from the clerical state, for religious who are members of, and desert, a religious community.<ref>{{Cite web|last=|first=|date=26 March 2019|title=Papa Francesco: motu proprio "Communis vita", il religioso "illegittimamente assente e irreperibile" per un anno è dismesso dall'ordine|url=https://www.agensir.it/quotidiano/2019/3/26/papa-francesco-motu-proprio-communis-vita-il-religioso-illegittimamente-assente-per-un-anno-e-dismesso-dallordine/|access-date=|website=[[Servizio informazione Religiosa]]}}</ref><ref>{{Cite web|last=Brockhaus|first=Hannah|title=Pope Francis changes canon law for religious who desert the community|url=https://www.catholicnewsagency.com/news/40877/pope-francis-changes-canon-law-for-religious-who-desert-the-community|access-date=2021-01-15|website=Catholic News Agency|language=en}}</ref> This policy has been in force since 10 April 2019.<ref name="motueffect">{{Cite web|date=2019-04-10|title=Mons. Rodríguez: "Communis vita, don y responsabilidad para la vida religiosa" - Vatican News|url=https://www.vaticannews.va/es/vaticano/news/2019-04/vaticano-mutu-propio-communis-vita-mons-rodriguez-carballo.html|access-date=2021-01-15|website=www.vaticannews.va|language=es}}</ref>

== Consequences ==
Laicization involves cessation of all the rights of the clerical state. It also terminates all obligations of the clerical state, except for the obligation of celibacy. [[Dispensation (canon law)|Dispensation]] from the obligation of celibacy can only be granted by the pope, except in [[Declaration of nullity|ordinations that have been declared invalid]], in which case no dispensation is necessary. Because the [[sacramental character]] of ordination makes it indelible, the cleric maintains the power of orders. He is, however, forbidden to exercise it, except to give [[Last rites#Roman Catholic Church|sacramental absolution to someone in danger of death]]. He also automatically loses his offices, roles and delegated powers.<ref name="auto">{{Cite web|title=Code of Canon Law: text - IntraText CT|url=http://www.intratext.com/IXT/ENG0017/_PY.HTM|access-date=February 18, 2019|website=www.intratext.com}}</ref>

Normally, the same rescript grants both laicization and dispensation from the obligation of celibacy. The person to whom it is granted is not permitted to separate the two, accepting the dispensation while rejecting the laicization, or accepting the laicization while rejecting the dispensation. While married deacons whose wives die are sometimes permitted to marry again, and married ministers of a non-Catholic confession who become Catholics are sometimes permitted to be ordained and minister in the Catholic Church, grants of dispensation from the obligation of celibacy without simultaneous laicization are very rare.<ref>[https://books.google.com/books?id=JKgZEjvB5cEC&dq=Beal+%22dispensation+from+celibacy%22&pg=PA390 John P. Beal, ''New Commentary on the Code of Canon Law'' (Paulist Press 2000] {{ISBN|978-0-80914066-4}}), pp. 389–390</ref><ref>{{Cite web|url=http://www.adventgroup.org.uk/faq-mainmenu-40/72-dispensation/120-dispensation|title=Translation of a sample rescript of dispensation from priestly celibacy|access-date=February 18, 2019}}</ref>

A laicized cleric loses rights to such things as clerical garb and titles (such as "[[Father (honorific)|Father]]"). He is freed from obligations such as recitation of the [[Liturgy of the Hours]], but like any member of the laity is encouraged, though not obliged, to continue to recite it. The rescript of laicization for a deacon normally contains no special limitations, but that for a priest does prohibit him from delivering a [[homily]] (the sermon preached at Mass after proclamation of the Gospel reading, not preaching in general), acting as [[extraordinary minister of Holy Communion]], having a directive office in the [[pastoral care|pastoral]] field, or having any function in a [[seminary]] or similar institution. It imposes restrictions also regarding the holding of teaching or administration posts in schools and universities. Some of these limitations may be relaxed according to the judgment of the local bishop<ref>Beal (2000), pp. 390–392</ref> including the teaching of theology in schools or universities (both Catholic and non-Catholic), maintaining contact with the parish where the priest used to serve, and administering the Eucharist.<ref>{{Cite web|url=https://catholicherald.co.uk/news/2011/09/29/let-dispensed-priests-play-active-parish-role-vatican-urges-bishops/|title=Let dispensed priests play active parish role, Vatican urges bishops|date=September 29, 2011|website=Catholic Herald|access-date=February 18, 2019}}</ref>

A cleric dismissed from the clerical state cannot be reinstated in the sacred ministry without the consent of the pope.<ref name="auto"/>

New regulations issued in 2009 regarding priests who abandon their ministry for more than five years and whose behavior is a cause of serious scandal have made it easier for bishops to secure this removal of clerical status from such priests even against the priests' wishes.<ref>{{Cite web |url=http://www.catholicnews.com/data/stories/cns/0902539.htm |title=Archived copy |access-date=2009-10-04 |archive-url=http://arquivo.pt/wayback/20091004204746/http://www.catholicnews.com/data/stories/cns/0902539.htm |archive-date=2009-10-04 |url-status=dead }}</ref> In the two years 2011 and 2012, nearly 400 Catholic priests were removed from the clerical state, with a peak of 260 in 2011, and nearly half of these being imposed as a penalty.<ref>{{Cite news|url=https://www.theguardian.com/world/2014/jan/17/pope-benedict-defrocked-400-priests-child-abuse|title=Pope Benedict XVI defrocked nearly 400 priests for child abuse|newspaper=The Guardian |agency=Associated Press|date=January 17, 2014|access-date=February 18, 2019|via=www.theguardian.com}}</ref><ref>{{Cite web|url=https://www.ncronline.org/blogs/ncr-today/anatomy-now-you-see-it-now-you-dont-vatican-denial|title=Anatomy of a now-you-see-it, now-you-don't Vatican denial|date=January 18, 2014|website=National Catholic Reporter|access-date=February 18, 2019}}</ref>

== Difference from suspension ==
The removal from the clerical state differs from [[suspension (punishment)#In Roman Catholic canon law|suspension]]. The latter is a censure prohibiting certain acts by a cleric, whether the acts are of a religious character deriving from his [[Holy Orders|ordination]] ("acts of the power of orders") or are exercises of his power of governance or of rights and functions attached to the office he holds.<ref>{{cite web|url=https://www.vatican.va/archive/ENG1104/__P4X.HTM|title=Code of Canon Law - IntraText|website=www.vatican.va|access-date=20 February 2019}}</ref> As a censure, suspension is meant to cease when the censured person shows repentance. Removal from the clerical state, on the contrary, is a permanent measure, whereby for a sufficient reason a cleric is from then on juridically treated as a layman.

==Notable historical examples==
At [[Napoleon|Napoléon Bonaparte]]'s insistence, [[Charles Maurice de Talleyrand-Périgord]] requested laicization in 1802, in order to marry his long-time lover [[Catherine Grand]] (née Worlée). Talleyrand was already [[Excommunication in the Catholic Church|excommunicated]] for his part in the [[Civil Constitution of the Clergy]]. Pope [[Pius VII]] reluctantly lifted the excommunication and gave him ''permission to wear secular clothing'', which permission the French [[Conseil d'État (France)|Conseil d'État]] interpreted as a laicization. Talleyrand married Worlée, then divorced in 1815,<ref>{{Cite web|url=https://blogs.loc.gov/international-collections/2019/03/talleyrand-a-diplomat-par-excellence/|title=Talleyrand: A Diplomat Par Excellence {{!}} 4 Corners of the World: International Collections and Studies at the Library of Congress|last=Spiegel|first=Taru|date=2019-03-02|website=blogs.loc.gov|access-date=2019-12-17}}</ref> and lived on as a layman, but on his deathbed in 1838 he signed a document of reconciliation with the Church, prepared by future bishop [[Félix Dupanloup]]. Dupanloup then administered the [[last rites]] to Talleyrand.

[[Camilo Torres Restrepo]] requested laicization in order to focus on his [[radical politics]], although he never abandoned his faith and he remained a [[Catholic devotions|devout]] catholic.

[[Roman Catholic Diocese of San Pedro|Bishop of San Pedro]] [[Fernando Lugo]] requested laicization in [[Paraguay]] in 2005 to allow him to run for [[President of Paraguay]].<ref>{{Cite web|url=http://www.highbeam.com/doc/1G1-183859012.html|archive-url=https://web.archive.org/web/20121102202849/http://www.highbeam.com/doc/1G1-183859012.html|url-status=dead|archive-date=November 2, 2012|title=Vatican laicizes bishop who was elected president|publisher= National Catholic Reporter|author=Fernando Lugo|date=November 2, 2012|access-date=February 18, 2019}}</ref> The Church at first refused, going so far as to suspend him as bishop when he ran for office anyway, but eventually granted lay status in 2008 after he was elected.<ref>{{cite news|url=http://www.cwnews.com/news/viewstory.cfm?recnum=59958|title=Paraguay's president, ex-bishop, granted lay status|work=[[Catholic World News]]|publisher=Trinity Communications|location=[[Nokesville, Virginia]]|date=2008-07-30|access-date=2008-07-31|archive-url=https://archive.today/20120525193309/http://www.catholicculture.org/news/features/index.cfm?recnum=59958|archive-date=2012-05-25|url-status=dead}}</ref>

In September 2018, [[Pope Francis]] ordered the laicization of a [[Chile]]an priest convicted in 2011 of the sexual abuse of minors. He had previously been sentenced to a [[life of prayer and penance (penalty)|life of prayer and penance]].<ref>{{Cite web|url=https://www.catholicnewsagency.com/news/39510/pope-francis-laicizes-convicted-chilean-abuser|title=Pope Francis laicizes convicted Chilean abuser|website=Catholic News Agency|access-date=February 18, 2019}}</ref>

===Cases of bishops===
The laicization of [[Bishops in the Catholic Church|bishops]] is unusual. In 2009, the church laicized [[Emmanuel Milingo]], a former exorcist, faith healer, and [[Roman Catholic Archdiocese of Lusaka|archbishop of Lusaka]], [[Zambia]], who had already been [[Excommunication in the Catholic Church|excommunicated]] from the church three years earlier.<ref name="Pullella">{{Cite news|url=https://www.reuters.com/article/us-pope-milingo/vatican-defrocks-exorcist-archbishop-who-married-idUSTRE5BG24T20091217|work=Reuters|title=Vatican defrocks exorcist archbishop who married|date=December 17, 2019|author=Philip Pullella}}</ref> Milingo had threatened to form a breakaway church without a rule of [[priestly celibacy]], and had himself married.<ref name=Pullella/> [[Raymond Lahey]], the former [[bishop of Antigonish]], [[Nova Scotia]], [[Canada]], was laicized in 2012, a year after he pleaded guilty in Canadian civil court to importing child pornography.<ref name="Lahey">{{Cite news|title=Vatican laicizes Canadian bishop convicted of importing child porn|url=https://www.ncronline.org/news/accountability/vatican-laicizes-canadian-bishop-convicted-importing-child-porn|agency=[[Catholic News Service]]|via=National Catholic Reporter|date=May 16, 2012}}</ref><ref>{{cite press release|url=http://www.cccb.ca/site/eng/media-room/statements-a-letters/3338-cccb-statement-on-raymond-lahey|publisher=Canadian Conference of Catholic Bishops|title=Statement on Raymond Lahey|date=May 16, 2011}}</ref> [[Józef Wesołowski]], a [[Poland|Polish]] archbishop who had been a [[nuncio]] (papal ambassador), was dismissed from the clerical state in 2014 on grounds of [[Catholic Church sexual abuse cases|sexual abuse of minors]].<ref>{{Cite web |url=http://www.catholicnews.com/data/stories/cns/1402692.htm |title=Archived copy |access-date=2017-10-29 |archive-url=http://webarchive.loc.gov/all/20150109064529/http://www.catholicnews.com/data/stories/cns/1402692.htm |archive-date=2015-01-09 |url-status=dead }}</ref> The [[Vatican City|Vatican]] had made criminal charges against Wesołowski related to his abuse of minors and planned to [[Ecclesiastical court|try him]], but Wesołowski died in 2015 before a trial could be held.<ref>{{Citation | author = Payne, Ed | author2 = Messia, Hada | others = Greene, Richard|date = 2015-08-28|title=Vatican official accused of child porn, pedophilia dies|publisher=CNN|url=http://www.cnn.com/2015/08/28/europe/vatican-sex-abuse-trial-death/index.html}}</ref>

[[Theodore Edgar McCarrick]], a former [[Cardinal (Catholic Church)|cardinal]] and the former [[Archbishop of Washington|Archbishop of Washington, D.C.]], was dismissed from the clerical state in February 2019.<ref>{{Cite news|last=Chico|first=Harlan|date=16 February 2019|title=Ex-cardinal McCarrick defrocked by Vatican for sexual abuse|url=https://www.washingtonpost.com/world/europe/ex-cardinal-mccarrick-defrocked-by-vatican-for-sexual-abuse/2019/02/16/0aa365d4-2e2c-11e9-8ad3-9a5b113ecd3c_story.html|access-date=|newspaper=Washington Post}}</ref> McCarrick is the highest-ranked church official to date to be dismissed over the ongoing sexual abuse scandals in the Church.<ref>{{Citation | author  = D'Emilio, Frances | author2 = Winfield, Nicole| date     = 2019-02-16 | title    = Vatican defrocks former US cardinal McCarrick over sex abuse| work = KCRG | url = https://www.kcrg.com/content/news/Vatican-defrocks-former-US-cardinal-McCarrick-over-sex-abuse-505938151.html | access-date  = 2019-02-16}}</ref>

[[Roger Vangheluwe]], who served as the [[Roman Catholic Diocese of Bruges|Bishop of Bruges]] until 2010, was laicized on March 11, 2024, after new elements regarding the prolonged abuse of his nephew came to light.<ref>{{Cite news|url=https://www.vrt.be/vrtnws/en/2024/03/21/pope-strips-child-abuse-bishop-roger-vangheluwe-of-his-titles/|work=VRTNWS|title=Pope strips child abuse bishop Roger Vangheluwe of his titles|date=March 21, 2024|author=Colin Clapson}}</ref> Vangheluwe abused his nephew from the age of 5, at least for a period of 13 years. The statute of limitations in Belgium meant he could not be prosecuted anymore when the case came to light in 2010.

==References==
{{Reflist|2}}

[[Category:Clergy removed from office|*]]
[[Category:Major orders in the Catholic Church]]
[[Category:Laicized Roman Catholic priests| ]]
[[Category:Catholic penal canon law]]
[[Category:Catholic Church legal terminology]]