A reader dropped me an e-mail, wondering if an ex-priest who was married could become a permanent deacon.
I told him I’d never heard of such a thing happening, and thought it highly unlikely.
Curious, I dragged down my copy of the Code of Canon Law and found this, at Can. 1041:
The following are irregular for receiving orders:3. A person who has attempted marriage, even only civilly, while either impeded personally from entering marriage by a matrimonial bond, sacred orders, or a public perpetual vow of chastity, or with a woman bound by a valid marriage or restricted by the same type of vow…
Well, that seems to settle it. And, of course, a priest, no matter what his state in life, is also already a deacon. But if his faculties have been suspended, he’s pretty much of the running for the permanent diaconate — or so it seems to me.
I suspect exceptions are possible, but Rome would have the final word. And I don’t imagine it would be positive.
Any other thoughts out there?



posted February 23, 2008 at 1:33 pm
During the darker days of the communist regime in Czechoslovakia, a few married RC Chech men were ordained priests for the underground…When freedom came and they came out from the underground these men were given the option of “Transferring to the Eastern Rite” or serving as deacons.That is the only time I can think of that option being put on the table…And no, id did not make much sense to me either.
posted February 24, 2008 at 12:18 am
The difference of that situation is that men, who were married, became priests, not priests, who became married, were re-instated to duty and ministry.This is, according to the tradition, frowned upon. Usually, once one is removed from the Holy Orders, that is it. There have been allowances for a breach of norm that a cleric be permitted, but demoted in office, which would be this case. But in terms of being married after tonsure, this is something that transgresses the diaconal order in addition to the presbyterate. A celibate deacon can only become married if he be dismissed from Orders. As for the Law you cited, many men are dispensed from their vow of celibacy so that they may remain in the Church after their marriage. But, to re-instate them into office. This is contrary to the norm of tradition and history, and stands opposed to the notion of true consequences to grave matters.Though the Church permits it and it is in not a sin to be dismissed from Orders for the intention to marry, it is still a grave matter.May God bless you.Holy Mary protect you.-Christopher
posted February 24, 2008 at 12:28 pm
Greg,Dad’s ND college roommate, who became a priest and later got married tried and failed. His parish was in desparate need since it was sharing one priest over three parishes (I think). DF tried to get Rome to allow him to act as a parish deacon to take some of the strain off of the one priest, but was flatly denied. It, of course, seemed like a desparate need situation with someone willing and able to step in and help, but no exception was made in this case.Mike
posted February 24, 2008 at 9:20 pm
We should remember that among the Eastern Orthodox and Catholic Churches where married priests are allowed, if a priest who has vowed to remain celibate wants to nenege on the vow, he is not allowed to.And this is the crux of the problem if Rome should suddenly allow married men to be ordained priests–those who left the priesthood to marry would still be vow breakers and untrustworthy.
posted March 3, 2009 at 1:08 pm
Hi there. another question. If a priest is thinking of leaving the priesthood to get married is there anyway for them to become a deacon and marry. They have not yet left the priesthood.
posted January 21, 2010 at 8:48 pm
The excellent English/Irish Commentary on Canon Law, “The Canon Law: Letter and Spirit”, states clearly referring to canon 1041.3 which you bring up:
“if the previous marriage was invalid and was subsequently so declared by an ecclesiastical decree of nullity, the irregularity does not arise”
An “Irregularity” that would prohibit the reception of orders or constitute them invalid after receiving them, which the impediments of Canon 1041 are referring to, are by nature perpetual. They have to somehow remain in existence.
Thus, for example, take the case of a deacon who married his current wife first civilly, as she was then a divorcee who was still in an existing ‘seemingly valid’ marriage bond with her former spouse, but which was later annulled by ecclesiastical authority. As such the irregularity ceased to exist once that same civil marriage was validated. Later he sought orders. He would not have been irregular to receive them.
This would not be the case, however, if that previous marriage was truly valid and the deacon later divorced before seeking orders.
posted January 21, 2010 at 9:09 pm
To Hope,
about the priest seeking to leave the priesthood and get married.
A priest can be dismissed from his clerical state and vow of celibacy by special dispensation of the Apostolic See. He must have a very good reason to ask and receive this.
Or he may even be able to prove in ecclesiastical court that his reception of orders was null based on some defect in their reception, and thus be free of the clerical state with its rights and obligations. In this later case the man still remains a priest but without faculties to exercise any ministry.
In either case I have heard of no instance where the Apostolic See has then, in turn, permitted the same to exercise ministry again while married.
There may come a day when the Roman Catholic Church will allow married men to become priests. The Eastern Catholics have always had this discipline of married priests. It is just not the discipline of the Roman Catholic Church in this age.
However, on an interesting side note, when Anglican priests, already married, now convert to the Catholic Church, they are ordained as Catholic priests… having wives and even children. So it is within the powers of the Church to grant this. Yet there will always be a celibate priesthood for those who are called to that in the Roman Catholic Church and the Eastern Catholic Churches…
T
posted January 21, 2010 at 9:15 pm
Oops!
In the case above, about a priest who proves that his reception of orders was null. He no longer remains a priest, never was one.
Rather it is the former case that I meant when whom I said remains a priest but without faculties to exercise any ministry.
A priest who requests and is granted a dispensation from his clerical state and vows of celibacy will remain “a priest forever.” In fact, in the case of someone dying and seeking confession with no priest available, it is just and only at such a time that the dispensed priest is able to hear that dying person’s confession and give a valid absolution.
posted January 31, 2012 at 9:47 pm
Enjoyed every bit of your article post.Much thanks again. Really Cool.