COMMENTARY

Part 2: "The Ethical Rights of Priests" by Boston College Gasson Chair Professor of Moral Theology James Keenan continues with the second of a three-part installment. Part 1 appeared in the February issue of In the Vineyard. The final installment will appear in this publication in April.

Are Ethical Rights Important?

I use the word "rights" not as a canonist does, that is, as a very specific right that the Code of Canon Law recognizes, but rather as moral theologians and Christian social ethicists do when we talk of the right to food, or work, or health care, that is, as an ethical right. While I hope that these rights may eventually be articulated into canonical precepts, I do not claim that they have canonical force.

Moreover I do not see rights as assertions of power over and against others; rather, I see rights language as springing from a community of faith looking to see how best its members can protect the good of the whole Church and its specific members. Following Brian Tierney (The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law, 1150-1625), I believe that rights were originally recognized by 11th and 12th century theologians and canonists who tried to articulate those that belonged to popes, bishops, clergy and other church members, not as inimical to the life of the Church, but as constitutive of it. Asserting the ethical rights of priests is, then, not at the cost of the community, but rather for its benefit. To the extent that these rights are not respected, not only priests but the very communion of the Church suffers. Finally, though there have been many fine articles on the right to due process, I am more interested in articulating rights that, while protecting priests, also empower them and, therefore, all the members of the communion.

The Ethical Rights of Priests

Book II of the Code of Canon Law outlines the rights and obligations of clergy (273-289) and stipulates three canonical rights: to associate, to a vacation, and to fitting and decent remuneration. Instead, I propose four "ethical" ones: the right to share respectfully in the Episcopal ministry of the local ordinary; the right of association; the right to exercise their ministry; and the right to fair treatment.

The right to share respectfully in the Episcopal ministry of the local ordinary:

This right is implicitly being invoked and exercised by priests in their recent letters to bishops and their conferences. It also echoes one that had been discussed in the revision of the code of canon law, "the right of cooperating with the bishop in the exercise of his ministry."

John Lynch, a canon lawyer, who has written on the rights of priests, frequently asserts that the "cleric shares in the episcopal ministry." Interestingly, he roots his claim precisely in the first canon in the section on rights and obligations, canon 273: "Clerics are bound by a special obligation to show reverence and obedience to the Supreme Pontiff and their own ordinary."

Lynch's claim is derived from three Vatican II documents. The "Decree on the Ministry of Priests: 7" writes: "Priestly obedience…is based on the sharing of the Episcopal ministry…conferred by the sacrament of order and the canonical mission." "The Bishops' Pastoral Office: 8" says: "All priests, whether diocesan or religious, share and exercise with the bishop the one priesthood of Christ." Lumen Gentium 28: "The Bishop is to regard his priests, who are his co-workers, as sons and friends …."

The foundation for the ethical right is found not only in the Code, its commentary, and Vatican documents, but also in the rite of ordination. The first question the bishop asks the ordinand is whether he is resolved to be "a conscientious fellow worker with the bishops in caring for the Lord's flock?" Then, in the prayer of consecration we hear the bishop call him a "fellow worker" and "a co-worker with the order of bishops."

In sum, a variety of foundational texts recognizes the priest as having a share in the exercise of Episcopal authority. When we hear repeated attempts by clergy to meet with their ordinary, we become aware of the fact that this right is not adequately recognized. In fact, when we consider the phenomena of public letters by clerics, we see this not so much as an indication of that right being exercised, but rather, as expressing frustration that the presumed right has been ignored. Recognizing and routinely exercising the right, however, could foster community, the life of the diocese, and the credibility of Episcopal leadership.

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