Source (The Deacon's Bench): https://www.patheos.com/blogs/deaconsbench/2012/05/married-deacons-its-okay-you-can-have-sex-with-your-wives/
"I think we’ve exhausted the topic, and people are now
resorting to petty personal squabbling. Enough." - Deacon Greg
Kandra
Matter addressed ad infinitum in the early 2000s by an earlier generation of national deacon leaders. Thank you! Saltpepper still not needed.
Also, see Deacon David A. Lopez, Ph.D., for basic summary of old conversation (Sioux City Deacon Formation): https://siouxcitydeacon.blogspot.com/2011/01/diaconal-continence-and-canon-277.html
What's new since then (2012) is that theological and historical foundations which served as Dr. Peters's theological sources (+Stickler et al) have been rebutted, thanks to the East with a history of noncontinent married priesthood going to the Apostolic era.
The discipline of celibacy-continence, mandated beginning in the 4th Century, is no longer being expected for Latin Rite married clerics since Pius XII in the 20th Century.
______________________________________
Memorandum
To: All Bishops
From:
Most Reverend Robert J. Carlson Chairman, Committee on Clergy,
Consecrated Life and Vocations
Most Reverend Timothy P. Broglio Chairman, Committee on
Canonical Affairs and Church Governance
Date: January 31, 2012
Re: Married Permanent Deacons and the Canonical Obligation
to Observe Perfect and Perpetual Continence
Your Eminence/Excellency,
In recent months, published opinions have appeared in
scholarly journals and on Internet blogs that have raised questions about
the observance of diaconal continence by married permanent deacons in the
Latin Catholic Church. The opinions have suggested that the
clerical obligation to observe “perfect and perpetual continence for the
sake of the kingdom of heaven” (c. 277, §1 CIC) remains binding upon
married permanent deacons, despite the dispensation provided to them in
canon law from the obligation to observe celibacy (c. 1042, 1° CIC).
In response to repeated requests for an authoritative
clarification on this matter, the Committee on Clergy, Consecrated Life
and Vocations and the Committee on Canonical Affairs and Church Governance
requested the assistance of the USCCB President in seeking a clarification from
the Pontifical Council for Legislative Texts.
Earlier this week, we were informed that Cardinal-designate
Francesco Coccopalmerio, President of the Pontifical Council for
Legislative Texts, with Bishop Juan Ignacio Arrieta, Secretary, has
forwarded to Cardinal-designate Timothy M. Dolan the Pontifical
Council’s observations on the matter (Prot. N. 13095/2011). The
observations, which were formulated in consultation with the Congregation
for the Doctrine of the Faith, clarify that married
permanent deacons are not bound to observe perfect and perpetual
continence, as long as their marriage lasts.
Should you have any questions about this response, please
contact Reverend W. Shawn McKnight, Executive Director of the Secretariat
of Clergy, Consecrated Life, and Vocations. In addition, please feel free
to share this response with those within your diocesan curia who will find
it helpful.
_____________________________________
Pontificium Consilium De Legum Textibus Citta del Vaticano,
4 marzo 2011 N. 12959/2011
(Unofficial Translation) Pontifical Council for Legislative Texts
Dear Sir,
We have received a fax of your kind letter of February 20th, 2011. In it
you proposed a dubium with this reasoning: "However an issue has arisen
where an aspirant to the Permanent Deaconate who is a married man has declared
he will not practice 'perfect and perpetual continence' in accordance with
Canon 277. He says he has been told that men in the diocese have been given a
general dispensation from this requirement."
In regard to this matter I am happy to offer the following
clarifications:
The obligation of celibacy applies to all clerics, including permanent deacons
who are not married prior to ordination (cf. c. 1037).
Permanent deacons who are married prior to ordination do not have the
obli- gation of celibacy (and therefore of continence) during the marriage.
They have the obligation of celibacy in case of widowhood (cf. c. 1087).
This is why canon 277 is not included in the list in canon 288.
Finally, the dispensation from the impediment of canon 1087 does not
apply to the diocesan bishop. He can, instead, given the case in question,
transmit the request for a dispensation to the Holy See. The dispensation can
be requested only of the Holy See by a permanent married deacon who has been
widowed and will be eventually granted only if the petitioner admits one of
three reasons: the great and proven usefulness of the deacon's ministry to the
diocese to which he is attached; the presence of children of a tender age
requiring maternal care; the presence of elderly parents or in-laws requiring
assistance (cf. Congregation for Divine Worship & Discipline of the Sacraments,
Circular Letter of June 6, 1997).
+Francesco
Coccopalmerio
President