A reader writes:
Recently I fell into grave sin. I had sex with a woman who I am not married to. Soon after that I repented and went to confession. I confessed having contraceptive sex with a woman I was not married to. We used a condom, but she was also on the pill at the time. Since condoms don’t always work, and the pill could potentially cause an abortion, or fail completely, she could have potentially conceived, and the baby could have been killed. The thought of this happening crossed my mind before going through with it. Also, I doubt the woman is pro-life at all, and if the baby was conceived and survived, she could have gone and had an abortion without me even knowing.
Since I knew that this sin could potentially cause an abortion, am I now excommunicated? I hadn’t thought of this until recently, and it’s really affecting me. Do I need to go to confession again and explain this aspect of it? Thank you.
First, I want to offer thanksgiving that you cooperated with God’s grace and were willing to recognize the moral character of this course of action and to repent of it and seek reconciliation. This is a cause for rejoicing, and Jesus was clear on the joy that there is in heaven when someone returns to God from a state of sin. We should share in that joy.
Regarding the excommunication that canon law provides for procured abortion ("A
person who procures a completed abortion incurs a latae sententiae
excommunication," can. 1398), I am pleased to say that you have not incurred it. There are several reasons for this:
1) Canon law presupposes that the fact of the abortion is verifiable, or at least knowable. In the case of her suffering an early miscarriage following a double-contraceptive failure, this would happen at such an early stage of pregnancy (a week after conception) that it would be completely unverifiable and unknowable. It also is very unlikely to occur. In these circumstances, you cannot be said to have procured an abortion in the sense envisioned by canon 1398. As a canon that establishes a penalty, 1398 is subject to the interpretive norm of canon 18, which is that "Laws which
establish a penalty . . . are subject to strict interpretation." 1398 is simply not intended to apply to unverifiable, unknowable abortions that are unlikely to occur in the first place.
2) In addition, your actions do not fall under 1398 because you did not intend to procure an abortion. You may have foreseen that an abortion would result spontaneously, but that is not the same thing as deliberately procuring one. What you intended was to have sexual relations with the woman. That was the object of your action–what you were intending to do. To procure an abortion the abortion has to be sought as a means or an end, and this is not what was happening here. Once again, canon 18’s requirement of strict interpretation applies.
There are other reasons why you are not excommunicated as well, but the reasons why get rather technical and go beyond what can reasonably be done in a blog post. The bottom line, though, is that you simply aren’t excommunicated. 1398 is simply not intended to cover the kind of situation that you describe concerning an unknowable, unintended early miscarriage following double contraceptive failure.
1398 is designed, however, to cover abortions procured by going to an abortionist, so we have to consider that case. What would the effects be for you if she did–against high odds–become pregnant and then decide to go to an abortionist without your knowing?
You would not be affected canonically. You do not support her action. You have to be more than just the father of a baby that someone else chooses to abort (can. 18). Specifically, you would have to cooperate directly in the procurement of the abortion itself, which would mean something like driving her down to the abortion clinic or giving her the money for the abortion. Just being the father isn’t enough.
As to what should be done in confession, there is an argument that what you have already said is sufficient, but to be safe I would do the following: The next time you go to confession, simply say "I have previously confessed that I had sex with a woman I am not married to, but I neglected to mention that before I did so the thought that the act might lead to an abortion crossed my mind and I did it anyway. I wish to confess this circumstance as well for the additional moral coloring it gave to the act."
And that (or an approximation of it) is all you need to say.
Let’s pray that an abortion does not result from this (and it’s the vast likelihood that it will not). Let’s also not forget to pray for the woman in question. And let us rejoice that you have cooperated with God’s grace and been reconciled with him.
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It seems to me that it is not *necessary* to add the “moral coloring” of the fact that the possibility of an abortion was foreseen. The penitent has already confessed the mortal sin of fornication.
The additional circumstance is “free matter” and not strictly necessary.
I don’t think we want to encourage scrupulosity. On the other hand, it would likely be an occasion of tremendous grace and insight to reflect and possibly confess (as free matter) that an abortion was forseen but the sin was committed anyways.
Why does the penitent “need” to confess the circumstance?
Maybe I should email you about this, but there may be questions about someone actually procuring an abortion which excommunicates her. How one can be brought back into the church? Does confession and penance bring one back? Or do they need to do more? Or have you covered this in a previous post?
Hello Suzanne,
I believe this has been discussed in the past. From what I recall, the authority to lift the excommunication has been delegated (don’t know the church term) to parish priests in the US, at least, after the sin is confessed in confession. Maybe Jimmy will add some authoritative clarification.
“From what I recall, the authority to lift the excommunication has been delegated (don’t know the church term) to parish priests in the US, at least, after the sin is confessed in confession.”
Given that Catholic women in the United States have abortions at roughly the same rate than non-Catholic women do, it seems unlikely that anything resembling excommunication happens after a women confesses to having an abortion. This sort of thing never seems to be mentioned in public, although if the priest has the authority to lift the confession that seems to imply that no actual excommunication procedures ever take place. In that case, there doesn’t seem to be a distinction between not being in a state of grace and being excommunicated. It’s essentially the same thing.
Respectable behavior.
Glad you repented. That stuff haunts you when you don’t. Our Lady bless you.
I just think it’s sad that Abortion is the sin that dare not speak it’s name but the death penalty is a-okay, and the church constantly endorses candidates overtly or covertly who support “lock ’em up and throw away the key” failed policies of justice that therefore lead to overcrowding of prisons and inhumane treatment of persons for whom incarceration would only exacerbate their issues and their threat to the community upon release. Yet, these things never get mentioned – they’re not sexy. It’s always abortion, loose women having abortions. What about the guys who they have it with? Where is their culpability in the matter? Where is the Catholic moral teaching on standing with the girl you knock up? Guys have it so easy as catholics.
Agree or disagree with abortion, but i don’t think its a great issue of shame. Pregnancy Happens, abortion happens, Biology happens. It is simply one response to biology.
If anything I think the real shame is the for the guy. People who can’t take responsability are lame. Having the abortion or having the baby, both responsable choices in my mind, but walking out is just dumb.
As Bishop Sheen used to ask: “So what’s your sin?”
“Pregnancy Happens…” No, it is the result of an action.
“…abortion happens…” No, it is the result of an action.
“It is simply one response to biology.” So is punching your lights out. Does that mean you want somebody to do it?
“Having the abortion or having the baby, both responsable(sic) choices in my mind…” Do you really think that God agrees with you?
“…but walking out is just dumb.” I’m with you on that one, although I think “evil” would be a more accurate word than “dumb”.
Remember God’s Mercy. Seek it and Him. He forgives *all* repented sins, even the sin of abortion. But you must seek his Mercy; He will not force it on you.
“…the church constantly endorses candidates…” The Church does not endorse candidates. Not even “covertly”.
“…’lock ’em up and throw away the key’ failed policies of justice…” Guess that depends on what you mean by “failed”. Such policies certainly protect law-abiding citizens from career criminals who would prey on them. But, to support such a policy, one must have a desire to protect the sheep from the wolves.
bill912, Professional Sheepdog