Experts in Canon Law consulted by CNA – including some from Paraguay who preferred to remain anonymous - have confirmed that from the standpoint of the Code of Canon Law former Bishop Fernando Lugo is in a state of rebellion against the Catholic Church. Lugo, who is running for his country’s presidency, is also constitutionally impeded from participating in politics according to the experts.
The background
In 2005, Bishop Fernando Lugo resigned as ordinary of the Diocese of San Pedro, and assumed the title of Bishop Emeritus. On March 29th the former bishop launched himself into the political realm by leading a protest in Asuncion and was soon after asked by Pedro Fadul Niella, leader of the “Patria Querida” (Beloved Homeland) political party, to lead a national unity coalition with the goal of promoting Lugo as the single presidential candidate during the 2008 elections.
As he began to take a greater role in Patria Querida’s politics the bishop began preparing a letter requesting his release from the clerical state. That letter, asking the Vatican to officially announce that he would no longer be considered a bishop or priest was eventually sent on December 18, 2006. At the same time that the was writing the letter, however, the bishop was still participating liturgical events, such as the diocesan celebration of the Feast of Our Lady of Caacupe on December 8.
On December 21st , Bishop Lugo received a private letter from Cardinal Giovanni Battista Re, Prefect of the Congregation for Bishops, asking him not to accept the a nomination to run for the Presidency of Paraguay and warning him that if he went ahead he would be subject, “as a first step, to the canonical penalty of suspension, which prohibits sacred ministers from exercising all or some of the acts of the power of order and of the power of governance, as outlined in canon 1333, § 1.”
Ignoring this warning, Bishop Lugo publicly announced on December 25th 2006, his intentions to enter the political arena, whether in an insignificant role or “as a candidate for President of the Republic.”
On January 4th, Cardinal Re officially responded to the letter sent by Bishop Lugo on December 18th. The Cardinal said that the Holy See did not accept his reasons and that “the Holy Father does not deem it possible to accept the request for release from the clerical state presented by Your Excellency.” Re’s letter invited him to remain faithful to his divine vocation and to his apostolic mission.
Since that time Bishop Lugo continued to be actively involved in politics, thus bringing about a statement from the Congregation for Bishops, which on January 20th 2007, decreed his suspension from public ministry and notified him that “with this penal sanction you remain in the clerical state and are still obligated by the duties inherit therein, although you are suspended from the exercise of the sacred ministry.”
The Bishops’ Conference of Paraguay issued a statement of supporting the decree of the Congregation for Bishops without further commentary.
Answers from the Vatican
Canonists note that Canon 287 of the Code of Canon Law states that clerics “are not to have an active part in political parties and in governing labor unions unless, in the jud
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