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Sen. John Kerry “Excommunicated,” According To Vatican Response
BushCountry.org ^ | 10/19/04 | Austin Miles

Posted on 10/19/2004 6:29:43 AM PDT by justme346


A Los Angeles based expert in Canon Law, the legal code used by the Roman Catholic Church, announced Friday on EWTN's the World Over Live with Raymond Arroyo that an important Vatican congregation has given an unprecedented boost to his case for heresy against presidential candidate John Kerry. Marc Balestrieri, JCL who has filed a formal case for Heresy against Kerry for his support of the right to abortion, revealed that he has received a written response prompted by the Vatican's Congregation for the Doctrine of the Faith, affirming that Catholic politicians who persist in supporting the right to abortion are "automatically excommunicated."

Mr. Balestrieri, Director of De Fide, said the Response was written by the Reverend Fr. Basil Cole, O.P., an expert theologian based in Washington D.C., who was delegated by the Undersecretary of the Congregation for the Doctrine of the Faith, the Very Rev. Fr. Augustine di Noia, O.P., to formally respond. As a result, the Response has encouraged him to expand his complaint to include four more pro-abortion Catholic politicians, both Democrat and Republican.

"I went to Rome in person to submit two critical questions to the Congregation for the Doctrine of Faith," said Balestrieri. "The first: Whether or not the Church's teaching condemning any direct abortion is a dogma of Divine and Catholic Faith, with the denial or doubt of that dogma constituting heresy. The second: Whether or not the Church's teaching condemning every right to abortion is a dogma of Divine and Catholic Faith, with the opposite error to that dogma heresy."

In a four-page letter now posted at www.defide.com, Fr. Cole responded 'Affirmative' on both counts.

The Response is significant in that it represents the first time in modern history since Roe v. Wade in 1973 that such a clear reply is given to the Catholic faithful. Drafted under the auspices of the official Vatican Congregation with competency to decide doctrinal questions, it is entirely unambiguous and concludes:

"Consequently, if a Catholic publicly and obstinately supports the civil right to abortion, knowing that the Church teaches officially against that legislation, he or she commits that heresy envisioned by Can. 751 of the Code. Provided that the presumptions of knowledge of the law and penalty (Can. 15, § 2) and imputability (Can. 1321, § 3) are not rebutted in the external forum, one is automatically excommunicated according to Can. 1364, § 1."

Mr. Balestrieri, a political independent, has repeatedly declared that his actions come to defend the Faith and Holy Eucharist from sacrilege and scandal, not as one focused on an electoral outcome. Catholics confess to the real presence-the Body, Blood, Soul and Divinity of God Himself-in the Sacrament of Holy Communion. "As early as today, Sen. Kerry, and all pro-choice Catholic politicians, who publicly call themselves Catholic yet who blatantly violate Canon Law by continuing to profess Heresy and receive Holy Communion, must publicly reject their abortion advocacy for the sake of their own souls, and the others they have scandalized. They have been excommunicated."

Balestrieri went to Rome in late August and met with a dozen experts, all of whom confirmed the threefold unprecedented nature and scope of his canonical action in Church history: that it is a formal complaint for reparation for harm due to heresy; that this is analogous to a Common Law class action; and that the complaint was initiated by a layman. (In the past such actions regarding heresy would have been handled by the "Holy Office" vertically downwards, and would never have reached this point.)

Lacking guidance from the Vatican, he sought an appointment and was received by an official of the Congregation in its halls in Rome. On September 9th, less than ten days later, the Rev. Basil Cole, O.P., contacted Balestrieri to inform him of his delegation to answer the two questions. Three days later, the written Response was issued.

The Response states that any Catholic who denies or doubts the two main conclusions, after knowing of their existence, commits Heresy. The Response holds that the dogmatic force of the two propositions is "manifest," a term not lightly used by any theologian. This means that one is dealing here not with a matter of a theologian's personal opinion, but with two core non-negotiable Articles of Faith. The Response, therefore, is "official" and binding in that it simply restates infallible teachings of the Ordinary and Universal Magisterium, already stated unequivocally by Cardinals Joseph Ratzinger, prefect of the CDF, and Tarcisio Bertone, then secretary of the CDF, in their own commentaries to the Professio Fidei of 1998. Hence the Response's rapid and forceful content.

The Response goes even further in specifying that any baptized Catholic who publicly states, "I'm personally opposed, but I support a woman's right to choose," is in fact presumed by Canon Law to be guilty of heresy, with the burden of proving that he is not shifted to the violating politician. A Catholic who publicly professes the right to choose heresy is automatically excommunicated, not by any declaration of the Church per se, but by the acts committed by the individual, and thus being in a state of mortal sin is ineligible to receive any of the Sacraments of the Church, including reception of the Eucharist, marriage, absolution from sin, and even Christian burial until the error is recanted and excommunication is lifted.

The often cited "Cuomo" defense, "I am personally opposed but I support the right to choose" has now been cut in half: A pro-choice Catholic politician who says that he is "personally opposed" to the ACT of abortion itself still commits Heresy by publicly supporting the civil RIGHT to choose abortion.

The fact that the Response was provided to a layman at the request of the Undersecretary, in writing, and in only eleven days is considered unique by numerous Bishops familiar with the matter. The extensive detail of the response, decisively clarifying the matter was unexpected. Normally, only a bishop may request such clarification of doctrine from the CDF and receive an official reply. Such responses usually take a much longer time to be received, and they are rarely made public.

Balestrieri also announced that the Denunciation for Heresy, a kind of lawsuit under the Catholic Church's Canon Law, filed against Senator Kerry is now pending before Kerry's bishop, Archbishop Sean O'Malley of Boston, according to the head of the Tribunal of the Archdiocese of Boston whom Balestrieri met with in person at the offices of the Metropolitan Tribunal at the end of July. The judge told him explicitly twice that the case had not been rejected, and that it was "now in the hands of the Archbishop." At the same time, Balestrieri was informed that the Tribunal simply did not have enough time to properly handle the sheer number (thousands upon thousands) of Denunciations and Complaints from ordinary Catholics that have poured in by certified mail. He also clarified that the Archbishop had not yet decided whether to instruct the Promoter of Justice, whose job is similar to that of a prosecutor, to formally charge Kerry with Heresy or any of the five other ecclesiastical violations Balestrieri had denounced him for.

Balestrieri is asking all individuals and groups seeking to join his canonical actions, as a result of the Tribunal's hesitation in handling the cases, for all future denunciations and complaints to be sent to Archbishop Sean O'Malley directly, in accordance with instructions which he will be sending out over the next few days, as posted on the DeFide.com website and sent to the thousands of supporters by e-mail.

With account taken of the developments and advice received while in Rome, Balestrieri has now decided he is able to broaden the actions he has filed to include other notoriously pro-abortion Catholic politicians of both the Republican and Democrat parties. Apart from amending his Denunciation and Complaint against Sen. Kerry to include the Response, four additional Denunciations and Complaints have been filed against Sen. Ted Kennedy (D) of Massachusetts; Sen. Tom Harkin (D) of Iowa; Mr. Mario Cuomo (D), former Governor of New York; and Sen. Susan Collins (R) of Maine. They have been filed today in the five Ecclesiastical Courts of the five separate Dioceses of Boston (MA), Fall River (MA), Des Moines (IA), New York (NY), and Portland (ME). Balestrieri said the four have been chosen based on their consistent, extensive, and public pro-abortion records.

Balestrieri has appealed for the thousands of joinders to be vigilant for procedural updates and specific canonical instructions which he is sending out this week.

Rev Austin Miles


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1 posted on 10/19/2004 6:29:44 AM PDT by justme346
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To: justme346

Sent this out to my family a while ago. My comment:

For a devout Catholic, THIS could be a real emotional bind! What if Theresa were in need of calling on the Church for Extreme Unction for her husband?


2 posted on 10/19/2004 6:32:43 AM PDT by Grendel9
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To: justme346

During the last presidential election, Joe LIEberman was also excommunicated. Made no difference at all to him or his so called orthodox supporters.


3 posted on 10/19/2004 6:37:35 AM PDT by OldFriend (It's the soldier, not the reporter who has given US freedom of the press)
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To: Grendel9

Great next maybe the Church will "Excommunicate" all the priests who were diddling the little boys?


4 posted on 10/19/2004 6:38:59 AM PDT by blaquebyrd
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To: justme346
I contacted a Catholic acquaintance (since I am not Catholic, and am very curious as to whether this is on the level)...comment emailed back to me.

three things about it are unusual:............ first, it's too fast a response for a 'dubium' or a doubt posed to a bishop.......... two, it's not signed twice as is vatican format, as a document of this........... severity surely would get all its i's dotted. the fallout would be so vast. half the catholic dnc is pro-choice......... third, the congregation for the doctrine wouldn't knowingly give someone an unofficial response... to anything.

5 posted on 10/19/2004 6:39:35 AM PDT by Mamzelle (Fast Eddie and Big Betty--let them sue McDonald's and leave us alone)
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To: justme346

This is beginning to move up the media food chain. We'll see how far up this go.


6 posted on 10/19/2004 6:39:46 AM PDT by sitetest (Why does everyone get so uptight about toasted heretics??)
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To: justme346

Surprise! Kerry did not expect that! Nobody expects the Catholic Excommunication!

7 posted on 10/19/2004 6:40:57 AM PDT by isthisnickcool (Only dummies play poker with George W. Bush.)
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To: sitetest

The media chain will keep it anchored at the bottom of the journlistic sea.


8 posted on 10/19/2004 6:43:41 AM PDT by sarasota
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To: isthisnickcool

BTTT!!!!!!!!!!


9 posted on 10/19/2004 6:44:25 AM PDT by ConservativeMan55 (http://www.osurepublicans.com)
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To: Christians4Bush

ping


10 posted on 10/19/2004 6:44:35 AM PDT by stainlessbanner (For Liberty!)
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To: isthisnickcool

Since the "Catholic Church" denies the established doctrine that outside the Faith there is no salvation, the church itself is in heresy. Since both John Kerry and the "Catholic Church" are both in heresy due to their actions, neither one can be considered Catholic.


11 posted on 10/19/2004 6:47:01 AM PDT by fortitude
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To: justme346
As I said last night, this is extremely important for Catholics to be aware of. I went through Catholic schools as did my children. If this becomes common knowledge with Catholics it has a definite possiblity to sway their votes. Excommunication from the Church is not a slap on the wrist..it is the ultimate rebuke. Please post this on Catholic web sites, it already is on Drudge.
12 posted on 10/19/2004 6:47:07 AM PDT by rockathon
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To: Salvation; NYer

ping


13 posted on 10/19/2004 6:49:52 AM PDT by Jaded ((Clothes make the man. Naked people have little or no influence on society. - Mark Twain))
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In 2003 The Vatican made its case against what we call "Sunday Catholics", people who are only Catholic while at church, and then their faith dissipates once they leave mass.

This decree was leveled specifically at politicians worldwide who call themselves Catholic, yet publicly support non catholic positions. The case against Kerry has been ongoing for a year, but, I'm fairly certain that the election is what prompted the rather quick response.

Whatever the reason, this should be food for thought, especially when one considers the number of Catholics in the northern 'swing-states'
14 posted on 10/19/2004 6:50:40 AM PDT by miskie
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To: justme346
See how long they stand by that. Get a few French bishops in there to clue them in, and see what they say, then. It's not in the present character of the institutional church to say this. They don't really even have The Mass, any more. And that speaks VOLUMES!

Besides, isn't this a case of - apostacy? And how many bishops and priests, for other reasons, are similarly auto-excommunicated? Practicing without a license, in other words, might be the real scandal.

Kerry, like those priests and bishops, like those lay 'experts' and helpful parishioners, wants God to play by Kerry's rulebook, and by theirs. It's an old story. But it was wrong then. And it's wrong today.

They used to say there's a right way, a wrong way, and the Army way. Well there's a right way - by God and His Church. Many churchmen oppose that. Maybe most do. And there's a wrong. And it seems so easy. And we all need Confession. But we don't all confess it or excuse it as the right way, just because we can't help ourselves by our own power, exclusively.

15 posted on 10/19/2004 6:52:06 AM PDT by sevry
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To: blaquebyrd

That could happen if those priests publicly proclaimed their actions were not sinful. Let me know when that happens.


16 posted on 10/19/2004 6:55:09 AM PDT by Petronski (I'm not always cranky.)
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To: justme346
Kerry's response to the Vatican!


17 posted on 10/19/2004 6:56:07 AM PDT by Grampa Dave (When will ABCNNBCBS & the MSM fishwraps stop Rathering to America? Answer: NEVER!)
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To: Buggman

Ping!


18 posted on 10/19/2004 6:57:24 AM PDT by Homo_homini_lupus (The man who reads nothing at all is better educated than the man who reads nothing but newspapers.)
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To: fortitude
You should learn something about the Church before you attempt to look intelligent (you failed). This thread is not for the purpose of bashing people of faith, but to expose those who have knowingly gone against the teachings of their faith. Please keep your personal bigotry to yourself.
19 posted on 10/19/2004 6:59:15 AM PDT by phil1750 (Love like you've never been hurt;Dance like nobody's watching;PRAY like it's your last prayer)
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To: miskie

The one good thing that might occur as a result of this is that maybe the Pretender will stop referring to himself as a "Catholic" all over the place. I resent his USING my faith as a vote-grabber.


20 posted on 10/19/2004 7:03:41 AM PDT by adc
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