The distinguished, commonsensical canonist Ed Peters has a blistering bit today at his blog In the Light of the Law. Let’s see what he has to say, with my usual emphases and comments. I’ll cut in to the meat. You should also read his intro over there:
Three ways to not deal with Canon 915
Canon 915, however, as has been explained many times, forbids the distribution of holy Communion to those who “obstinately persevere in manifest grave sin” and, because ecclesiastical tradition is unanimous that divorced-and-remarried Catholics figure among those who “obstinately persevere in manifest grave sin” (CCC 2384), this law poses a major problem for the ‘pro-Amoris’ wing. To deal with that problem, three approaches to Canon 915 have, I think, emerged.
# 1. Ignore Canon 915. This is the approach followed in Amoris laetitia itself and by, say, the Buenos Aires plan. Passing over Canon 915 in silence offers two advantages: first, the Communion-admission debate can be steered almost exclusively toward prolix discussions of personal conscience (about which there is always one more thing to say); second, bishops and pastors who, faithful to the Catholic sacramental order, affirm that holy Communion must be withheld in these cases, can do so without directly running afoul of any clear assertion in Amoris. But see # 3 below.
# 2. Belittle Canon 915. This approach marks most essays by amateurs and appears variously as a patronizing tsk-tsking of any benighted enough to think that law has something to do with life, or nigh-on clueless comments about the canon, and occasionally old-fashioned ridicule of canon law. Belittling Canon 915 taps into the antinomianism now running through the Church and it appeals both to writers unequipped to discuss competently the complex matters at hand and to readers unequipped to recognize that emotion is being substituted for reason. [A good example of this approach is found in a loopy piece at Fishwrap (aka National Schismatic Reporter) by that unflagging promoter of the ordination of women Phyllis Zagano: “A few canon lawyers are waiving their law books, sputtering like motorboats, about all that. The naysayers are especially fond of Canon 915 — their ever-popular canon that denies Eucharist to people who “obstinately persevere in manifest grave sin.””]
# 3. Violate Canon 915.This is the approach recently approved by the bishops of Malta in stating that holy Communion cannot be withheld in these cases but, as noted here, their action does not run directly afoul of Amoris for the simple reason that Amoris said nothing about Canon 915. Precisely in that both # 1 and # 3 can be sustained by appeals to Amoris leads me to agree with the Four Cardinals that, on this point anyway, the ambiguity in Amoris is irresolvable and thus the document urgently requires official clarification.
That all three approaches to Canon 915 are unacceptable seems self-evident to me but I cannot reinvent my arguments for so holding every time a new name wades into this fray. I trust my writings thus far can be located by those who wish to be better informed.