Pontifical Council for Legislative Texts (2011): "Permanent deacons who are married prior to ordination do not have the obligation of celibacy (and therefore of continence) during the marriage. They have the obligation of celibacy in case of widowhood (cf. c. 1087);" USCCB (2012): "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."

 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 obligation 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