Canons 111 and 112 of the Codex Juris Canonici (Code of Canon Law), which pertains to the Roman Rite, and the parallel provisions of the Codex Canonum Ecclesiarum Orientalium for the sui juris ritual churches are quite explicit as to the church to which a person belongs. Basically, these norms stipulate that each person belongs to the ritual church in which he or she was baptized, and that transfer from one ritual church to another is permitted only (1) by consent of the Holy See (usually granted only if both the respective diocesan bishops of both ritual churches approve), (2) to the ritual church of one’s spouse, or (3) back to one’s previous ritual church upon the end of a marriage in which one transferred to the ritual church of one’s spouse. In addition, children under the age of fourteen whose parent transfers to another ritual church transfer automatically with their parent, but acquire the right to return to their previous ritual church after reaching the age of fourteen. I think that the process that you quoted in today’s post is pretty much what’s necessary to obtain the permission of the Holy See, but it does have to go to the Vatican for formal approval. Note, BTW, that a transfer from one sui juris ritual church to another works in substantially the same way.So it appears that formally enrolling in the Ordinariate in writing is what's done via the on line application, although since the Anglican ordinariates are Latin rite, it's still difficult to see exactly what's accomplished by doing this, except to say that Bp Lopes or his successor is my bishop and not Bp _____. But if I'm outside of Texas, I'm probably going to get the sacraments from territorial priests.Note, also, the stipulations of Canon 107 (same web page) that each person ordinarily acquires a bishop and a pastor — that is, the bishop and pastor of the territorial diocese and parish, mission or chaplaincy — by his or her domicile or quasi-domicile. Thus, membership in a personal parish has always required formal enrollment therein, and formal disenrollment was always necessary to revert back to the territorial parish. The only significant exception to this was in the case of members of the armed forces and their dependents, who automatically come under the jurisdiction of the military ordinariate of the respective country (or the Archdiocese for the Military Services here in the States) and revert back to diocesan jurisdiction upon separation from the service (with a few nuances pertaining to persons in the care of the Veterans’ Administration). Historically, most personal parishes here in the States were so-called “national parishes” originally established to provide services to immigrants from various other countries and their descendants in their native tongues.
The stipulations in Anglicanorum coetibus pertaining to membership in the ordinariate are substantially parallel to this: one must (1) be of Anglican heritage, (2) receive some or all of the sacraments of initiation within the jurisdiction of the ordinariate, or (3) be part of an ordinariate family. Also, one must formally enroll in the ordinariate in writing.
There is another interesting question pertaining to any potential transfer of the Parish of Our Lady of the Atonement to the Personal Ordinariate of the Chair of St. Peter. It’s entirely possible that the decree by which Bishop Flores canonically erected the Parish of Our Lady of the Atonement might not bar any member of the diocese who wishes to transfer to that parish from doing so. In the Catholic canonical tradition, permissive laws are always construed broadly. Thus, the reference to “lay faithful of the Anglican tradition” in Article 5, Section 1, of the Complementary Norms for the Apostolic Constitution Anglicanorum Coetibus should be construed to encompass all registered parishioners of the parish whenever the parish actually makes the transfer.
Also, what you quoted pertaining to validity of marriage is wholly correct. According to Canon 1109 and 1110 of the Codex Juris Canonici , a marriage that takes place before a territorial pastor or ordinary is valid if either of the parties is of Latin Rite while a marriage that takes place before a personal pastor or ordinary is valid only if one of the parties is a member (subject) of the respective jurisdiction. In addition, any of these individuals can delegate others to act in this capacity. Here in the States, I think that most bishops now give general delegations to all clergy within their diocese to witness marriages throughout the diocese as part of the normal faculties for ministry. Again, the Codex Canonum Ecclesiarum Orientalium contains parallel provisions for marriages celebrated in any of the sui juris ritual churches.
Note, also, that marriages that suffer from such a defect of form, which results in pro forma approval of a decree of nullity as discussed in today’s post, nevertheless enjoy a canonical presumption of validity until there’s a determination otherwise. The motu proprio Mitis Iudex Dominus Iesus promulgated by Pope Francis on 15 August 2015 provides an expedited process for such cases — they no longer have to go through the full tribunal process.
A visitor from San Antonio who sometimes attends Our Lady of the Atonement comments,
I always loved Archbishop.The statements from the archdiocese suggest that it does not intend to change the masses that are celebrated at OLA. Again, I think this is primarily a succession issue, with key people in the parish believing they'll be better off with a Fr Featherstonehaugh preferred by Fr Phillips and appointed by Bp Lopes instead of Fr ________ appointed by Abp Garcia-Siller, but the concrete issues of day-to-day parish life and worship would not change for people like the visitor here -- unless, of course, angry key parishioners elect to poison the atmosphere, which happened at St Mary of the Angels.I have never gotten the idea that Atonement was not part of the Church. They hold all kinds of seminars. Really good stuff. I know tons of people who go there some who work for the archdiocese.
The School is rigorous and Orthodox. The kids learn Latin! Daily Mass. They come out knowing Catholic teaching.
I know tons of cradle Catholics who attend there.
Look Atonement is one of the only parishes that has really stately beautiful done Masses in San Antonio.
The issue is not the current Mass because I have seen it beautifully done in other Dioceses. And Atonement has a Latin version of it.
People are starving for beauty and so they flock to it.
This is not a criticism of lifeteen or Marachi masses to each their own. But I know there are folks who don't want to lose one of the few places that offers beauty.
I'm convinced this is basically inside baseball stuff that the parishioners and other irresponsible commentators have inflated into a scandal.
