It is not to be thought that what is set down in Encyclical letters does not demand assent in itself, because in this the popes do not exercise the supreme power of their magisterium. For these matters are taught by the ordinary magisterium, regarding which the following is pertinent: “He who heareth you, heareth Me.” (Luke 10:16); and usually what is set forth and inculcated in Encyclical Letters, already pertains to Catholic doctrine. But if the Supreme Pontiffs in their acts, after due consideration, express an opinion on a hitherto controversial matter, it is clear to all that this matter, according to the mind and will of the same Pontiffs, cannot any longer be considered a question of free discussion among theologians.
—Humani Generis
“But if the Supreme Pontiffs in their acts, after due consideration, express an opinion on a hitherto controversial matter, it is clear to all that this matter, according to the mind and will of the same Pontiffs, cannot any longer be considered a question of free discussion among theologians.”
I am assuming that the declarations of Humanae Vitae are therefore in some position less than dogma but more than theologoumenna. Or are these declarations simply disciplinary in nature, like disciplinary canons?
Obviously, in Orthodoxy there is no such theological creature, but then again, not even an Ecumenical council, let alone any single hierarch, can make a canon, dogmatic or disciplinary, valid and binding unless the People of God approve by living out that canon. By Orthodox standards, the overwhelming rejection of the ban on artificial birth control by the laity would have by now resulted in its abrogation. In fact, continued insistence on the ban after that rejection would likely be condemned by the hierarchs for causing a scandal among the faithful and holding the Church up to ridicule and driving people from The Church.
I assure you that I understand that Rome doesn’t see it that way. This huge difference in the ecclesiology between the Eastern and Latin Churches poses real challenges for those who look for a reunion of the Latin Church with Orthodoxy and it is important that we recognize this.