Canonist Ed Peters Comments on the Balestrieri Letter

Obviously, and despite some pretty dramatic press descriptions to the contrary, Cole’s excellent letter is not and plainly does not purport to be an official statement by the Congregation of the Doctrine of the Faith, let alone is it an authentic interpretation (1983 CIC 16 § 1) of the canons in question (incl. 1983 CIC 750, 1321, 1331, 1364, and 1398) or an endorsement of the canonical case prompting the letter. Cole's letter is several steps removed from any kind of official Vatican decision in this case.

Cole’s theological analysis does, however, move us closer to the central canonical question raised in this matter, namely: whether advocacy of abortion, by a knowledgeable Catholic, in and of itself, is heresy. Now, for the reasons ably outlined by Cole, obstinate doubt or denial of Church teaching on abortion may well be regarded as heresy. But our concern is different: is disregard of Church teaching on abortion, perhaps even chronic contempt for it, necessarily heretical? Consider: If I deny the Real Presence of Christ in the Eucharist, I commit heresy. But if I throw the Eucharist in the gutter, I commit the crime of sacrilege (1983 CIC 1367), not heresy (1983 CIC 1364).

Full article here.