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Burke to head Vatican's supreme court

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By JOHN L. ALLEN JR.

Pope Benedict XVI has named an American archbishop known as a legal conservative, particularly on the hot-button issue of giving communion to pro-choice politicians, as the new head of the Vatican’s highest court.

The Vatican announced today that Archbishop Raymond Burke of St. Louis has been named the new Prefect of the Apostolic Signatura. The appointment puts Burke, who turns 60 on June 30, in line to become a cardinal.

Burke is expected to relocate to Rome in August to take up his new duties.

The nomination comes as little surprise to church-watchers, who have long speculated that Burke might return to Rome at some point. Burke received a doctorate in canon law from Rome’s Gregorian University in 1984, and from 1989 to 1994 he served as the Defender of the Bond in the Apostolic Signatura, a position equivalent to the top defense attorney in the Vatican’s legal system.

In July 2006, Benedict XVI named Burke a member of the Apostolic Signatura, a move that some observers at the time interpreted as grooming him to eventually take over the top spot on the court.

In the Vatican, there are three courts: the Roman Rota, which is an appeals court that deals largely with cases involving requests for annulment of a marriage; the Apostolic Signatura, more or less the “Supreme Court” of the church; and the Apostolic Penitentiary, which handles cases involving the “internal forum,” meaning especially delicate matters that can’t be resolved through the normal legal process.

In Catholic circles, Burke has long been considered one of the most precise legal minds at the senior levels of the church, with an encyclopedic knowledge of the Code of Canon Law, the legal system of the Catholic church, as well as the tradition of case law stemming from that code.

Among other things, Burke’s appointment is another sign of Benedict XVI’s affection for American Catholicism. Three important Vatican offices are now led by Americans: the Congregation for the Doctrine of the Faith, headed by Cardinal William Levada; the Apostolic Penitentiary, led by Cardinal Francis Stafford; and the Signatura, with Burke now in the top position.

Since taking over in St. Louis in 2003, Burke earned a reputation as a strong conservative and prelate willing to draw lines in the sand in order to defend church teaching. In 2004, for example, Burke argued publicly that Democratic presidential candidate John Kerry should not receive the Eucharist because of his pro-choice voting record. Catholic who voted for Kerry, Burke likewise argued, should also not receive communion until they had received the Sacrament of Confession.

Burke's hard-line position on the communion issue has long been controversial, even among his fellow bishops. One year ago, Burke lost a race within the U.S. bishops' conference to become head of the Committee on Canonical Affairs, drawing just over 40 percent of the vote.

While few bishops question the need to defend church teaching, many draw the line at publicly refusing someone communion, seeing it as a form of "politicizing" what is supposed to be the church's supreme moment of unity.

The communion issue has not been the only flashpoint during Burke's tenure in St. Louis.

In 2007, Burke resigned from the board of directors of a children’s hospital to protest a benefit concert featuring singer Sheryl Crow, who holds a pro-choice position; in 2008, Burke urged St. Louis University to take action against basketball coach Rick Majerus, who had announced his support for abortion rights and embryonic stem cell research at a campaign event for U.S. Senator Hillary Clinton.

Church-watchers note that in his new position, Burke will no longer play quite so public a role. As prefect of the Signatura, Burke’s job will be to apply church law to questions which are put to the court.

Generally speaking, the following sorts of cases are heard by the Signatura:

• Conflicts between two Vatican offices;
• Appeals against decisions by diocesan bishops and Vatican offices;
• Appeals against decisions by the Roman Rota.

Two other Americans are members of the Apostolic Signatura: Cardinal Edward Egan of New Yor, and Bishop Thomas Doran of Rockford, Illinois.

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    This should actually read

    This should actually read in full: "Rome1964MarriedPriest". However, I am Thomas R. Marlier, priest, duly ordained in St. Peter's Basilica in Rome in 1964, while spending 4 years studying Theology at the Gregorian University. Anyone in their right minds should see that Canon Law is exactly the "Law" of the Pharisees and Saducees , which Jesus, the Christ, himself condemned and violated. How anyone can apply this Canon Law without any sympathy or consideration of the "flock" he was anointed and appointed TO SERVE, and and as a prince lording it over "the Church", I cannot understand. Yet from his actions (Arch)Bishop Burke forced upon the Churches of LaCrosse and then St. Louis, an unknowing and un-caring application of a Canon Lawyer, not a "Pastor" in any way. He was appointed by Roman personnel, including the Bishop of Rome and Successor of Peter, in truly an act of arrogance by Rome, which leads to the "climbing the ladder" which occurs in the "Monarchical Church" today.
    I was studying in Rome for 2 years of Pope John XXIII and 3 years of the Second Vatican Council. As Pope John XXIII stated, he called the Council to "open the windows" and allow the "aggiorniamento" ("updating") of the "Church. Unfortunately, Pope John Paul I only lived 30 days, He wanted to implement Vatican II and "to be a poor Pope of a poor Church". Then we had the misfortune of Pope John Paul II and (possibly to a lesser extent), Benedict XVI, whose goal has been to have the power of the Pharisees and the Saducees concentrated in Rome and not in "local Churches" where Christians gather together to celebrate once again the Passion, Death and Resurrection of Jesus, the Christ, and to share in One Body, One Blood of this same Jesus. This "Church" is to "be served" by those called to Orders: Deacons, Priests and Bishops. Unfortunately (Arch)Bishop Burke never could understand this concept. He ruled as a "King", expecting obedience to himself and to Canon Law. He was in no way "a pastor tending the flock". He seems to me to have been a person who had no idea of a "true pastor" serving the Churches of LaCrosse and of St. Louis. A genius in Canon Law, he could see no further.
    At a meeting of several of my classmates in about 1973, he and I almost came to blows. He was then a priest in LaCrosse and vocation director of that diocese. My classsmates separated us. Despite the closing of parishes and the amount of priests leaving in the late 1960's and early 70's, he insisted that there was no shortage of priests, something that was clearly happening.
    I had been directed to get a Masters in English to teach at St. Francis Minor Seminary (High School). It closed shortly after I began these studies. The present amount of Priests being ordained throughout the United States is way down, leaving Priests who are older and ready to retire. This is mainly due to the the "Promise" (not a "Vow") of Celibacy required. It may be the (Arch)Bishop Burke had many seminarians and priests, but they would have come out of an atmosphere of Law, not Pastoral Care.
    I say that St. Louis is fortunate that he is gone. Maybe a Pastoral Bishop will be appointed, but do not hold your breath. As my Spiritual Director told me: "Tom, you'll never leave the Church. You're too Catholic". Wisdom he had, but that does not mean that I cannot work to change the Church into something which Jesus, the Christ, would recognize as His Church.

    Rated 4 by one user. see individual ratings

    Dear Rome ~ A facinating

    Dear Rome ~ A facinating posting. Thanks. I have a question. One reads the conspirator theorists and the novelists who portray clerical opportunists and dedicated laddder climbers as men who place ambition before God, and some who are in fact godless who see the church as their particular institution to express their ego and ambition regardless. While sceptical of any particular case, I tend to think that it happens more often than we would like to think. I would appreciate your take on this thought. Thanks again.

    Not yet rated.

    Rome, I absolutely agree. It

    Rome, I absolutely agree. It took the Jewish faith about 2000 years to get to Jesus (reckoning Abraham about 1800 bc) who found it wanting in love and compassion. It has taken the christian church 2000 years to get to our present state, which is also lacking greatly in love and compassion........wonder what Jesus thinks of how the institutional church has perverted his message?

    Rated 4 by 4 users. see individual ratings

    Having Bishop Burke named

    Having Bishop Burke named Archbishop of St. Louis was a clear example of the Peter Principle. … One rises to a level of incompetence because of their presumed competence in lower levels of importance.
    Now, let us pray that his elevation to Prefect of the Apostolic Signatura is a great example of "Kicking-Upstairs". … A person who is judged incompetent in a position of authority is given a promotion upwards to a spot of prominence within his talents and at the same time preventing that person from doing more damage whence he came.
    The damage was grievous. In this case, living upto my NCR name should bring me an abundance of absolution.
    ... the greatest of these ...

    Rated 3 by 3 users. see individual ratings

    This guy is a real charmer,

    This guy is a real charmer, isn't he?

    This is a link to Tom Roberts article in the current NCR: Contentious prelate leaving St. Louis for Rome appointment

    He may be a top canon lawyer but he uses it (canon law) like a club to whack people with.

    Rated 4 by 3 users. see individual ratings

    Episcopalian observer Dear

    Episcopalian observer

    Dear John Allen, Your characterization of Raymond Burke as "[a] prelate willing to draw lines in the sand" rang up the one New Testament reference to drawing lines in the sand, John 8, but Jesus' sand-writing had an entirely different effect: "Let the one without sin cast the first stone ... Has no one condemned you? Neither will I." Christ the Merciful, Spare your Church from injudicious judgment. Joseph Hickey-Tiernan

    Rated 4 by 5 users. see individual ratings

    The comment that most

    The comment that most mirrors my own thoughts is the one contrasting the religion of authority and the religion of the spirit. It's interesting to read the various reactions, for and against this former Bishop Burke. It's too bad that Catholics are not united in their beliefs...some have decided to go the way of the Pharisees with their adherence to the law, and the others, the ones that are following Jesus, are being excommunicated by the Pharisees. What was it about this woman that caused Burke to react so violently against her? I'm afraid that this man was really bad for public relations; I remember the John Kerry incident and the feeling accompanying it....horror that any church leader would be so dictatorial and politically meddlesome.
    I wonder if Burke and Scalia are friends? The most positive move the Church could make in this century would be to forgo the age old gender bias against women and allow them to become ministers.

    Rated 4 by 7 users. see individual ratings

    I try to follow the maxim to

    I try to follow the maxim to keep silent if I can't say something good about another. I don't always succeed. But I think I can succeed in the case of Bishop Burke. I knew him in his activity with the National Catholic Rural Life Conference, and I attended several events where he spoke; but I didn't suspect the personality that surfaced in St. Louis.

    Rated 3.5 by 2 users. see individual ratings

    We’ll not get leadership

    We’ll not get leadership from the clergy. They only ordain people who are celibate and pious and can’t lead anything. We could really use some bishops who embody the tradition of Catholicism. That could be a beginning. …. Dutch theologian, Eric Borgman

    The problem of clericalism is composed of several problems. It is the problem of a caste that arrogates to itself undue authority, that makes unwarranted claims to wisdom, even to having a monopoly on understanding the mind of God. The consequence is the great weakening of the Church by denigrating or excluding the many gifts of the Spirit present in the people who are the Church. The problem of clericalism arises when "the church" acts in indifference, or even contempt, toward the people who are the Church….. Richard J. Neuhaus, June 1989 (before he sold his soul for a Roman collar)

    You don't lead by hitting people over the head-that's assault, not leadership…..Dwight D. Eisernhower

    Vigorous minds will not suffer compulsion. To exercise compulsion is typical of tyrants; to suffer it, typical of asses…..Erasmus

    Rated 4 by 6 users. see individual ratings

    MMBitz It is so sad that

    MMBitz

    It is so sad that some members of the hierarchy of the church behave in ways that Jesus condemned in his time. Jesus held to the values of the Godhead without condemning anyone except those who were arrogant about what they understood the teachings of Judaism to be. Jesus himself disregarded many of the legalities of his time, eg. walking through the wheat fields and eating the heads.

    Rated 4 by 6 users. see individual ratings

    yet another Un-Christlike

    yet another Un-Christlike leader gets promoted!
    At least he's away from the USA.

    Love, John

    See my website: Sacred Quest at www.torchlake.com/poetman

    Rated 4 by 5 users. see individual ratings

    Huzzah for Archbishop Burke!

    Huzzah for Archbishop Burke! It's nice to see an American Bishop who knows what it means to be Catholic-- then get the recognition in Rome for his work!

    *****
    http://www.WhollyRoaminCatholic.com

    Rated 1.75 by 8 users. see individual ratings

    I disagree with you when you

    I disagree with you when you say: "an American Bishop who knows what it means to be Catholic". Burke has no clue what it means to care for a flock. He has a brilliant mind, but he is legalistic to a fault, lacks anything even remotely resembling compassion and empathy. He has no understanding of what it is to live day to day as a catholic laity, let alone try to survive and raise a family in this economy.

    A better reward for him would have been a temporary defrockment (a temporary reassignment to be a civilian with loss of all rank and privileges for the term of the reassignment), make him live and work as laity for a few years (3 should be enough), then return him to his original rank.

    I am certain that Bishop Burke had some positive accomplishments while he held office. To that end I did an internet search yesterday to find out what they were. The irony, I spent a half hour, and other than the articles he wrote about himself I couldnt find anything I considered positive.

    I am grateful he got promoted. At the rate he was going, if he had been left in his position in St Louis for another year, he might have been the only catholic left in St Louis who had not been excommunicated.

    Rated 4 by 6 users. see individual ratings

    What exactly did the man

    What exactly did the man accomplish? He defrocked a few. He excommunicated a few. Lived in a mansion for a few years and generally discouraged everyone.

    Rated 3.625 by 8 users. see individual ratings

    Progressive how? What

    Progressive how? What treatment of women does the previous writer object to? It amazes me how mindless some of the so-called "progressive" comments are. Here are people who don't appear too fond of clericalism in favor of clericizing women! I can't understand this type of thinking. Anyway, hurray for the archbishop!

    Rated 1.625 by 8 users. see individual ratings

    Actually, I think His

    Actually, I think His Excellency done a superb job in the St. Louis diocese. He has stayed true to Catholic doctrine, and the results show. His diocese has more ordinations than any other in the country because he is traditional. And I think we may safely say that full seminaries are a sign of God's good graces.

    Rated 2.5714 by 7 users. see individual ratings

    Unfortunately, considering

    Unfortunately, considering the "talent" that exists to replace The Wicked W**ch of St. Louis, his successor will most likely be of the similar ilk.

    Even some of the more centrist bishops, when confronted with neocon monied hostility, lose their backbone and cave in.

    Rated 2.8889 by 9 users. see individual ratings

    How many other bishops are

    How many other bishops are members of the Apostolic Signatura? Having three Americans on it (unless there are like thirty members) seems a little American-heavy.

    Rated 4 by 4 users. see individual ratings

    Jack I admire you for

    Jack I admire you for finding something Positive about his appointment to the Vatican’s highest court.
    I hope he remembers that Christ taught us to show mercy in our personal lives. And leave all judgment to God. May God Guide Archbishop Burke in merciful and wise decisions that unifies rather than divides the diversity of the church under the Unity of the Spirit of God.

    The religions of authority can only divide men and set them in conscientious array against each other; the religion of the spirit will progressively draw men together and cause them to become understandingly sympathetic with one another. The religions of authority require of men uniformity in belief, but this is impossible of realization in the present state of the world. The religion of the spirit requires only unity of experience—uniformity of destiny—making full allowance for diversity of belief. The religion of the spirit requires only uniformity of insight, not uniformity of viewpoint and outlook. The religion of the spirit does not demand uniformity of intellectual views, only unity of spirit feeling. The religions of authority crystallize into lifeless creeds; the religion of the spirit grows into the increasing joy and liberty of ennobling deeds of loving service and merciful ministration.

    The more we discover how much we are Loved by God, the more we want to do God's Will

    Rated 4 by 9 users. see individual ratings

    God bless Archbishop Burke!

    God bless Archbishop Burke! He understands canon law inside out and isn't afraid to apply it for the sake of the spiritual health of his flock. I'm sad for St. Louis, which will find his shoes hard to fill, but rejoice that his faithful leadership will be exercised now on a wider (if possibly less immediately visible) stage.

    As for the GLBT faithful, sometimes a true Father has to say things that his sons won't like. If you search for "Eric Hess" and the Archbishop's name, you'll see the true compassion he showed to one outspoken gay activist.

    Rated 1.2 by 5 users. see individual ratings

    Sheepcat, you are absolutely

    Sheepcat, you are absolutely correct, AB Burke showed compassion to ONE gay activitist.

    It would really have been a nice touch if he had shown the same compassion to St. Stanislaus, Sr. Louise, the parishes where he placed known pedophile priests, and who knows how many other "examples of spiritual health" he left behind that just havent surfaced yet.

    AB Burkes scorecard:
    --- compassion - 1
    --- decimation - 1000+

    Yes, he did show compassion to ONE gay activist.
    Yes, his shoes will be hard to fill ... thank God!

    Rated 4 by one user. see individual ratings

    "Alienation of the GLBT

    "Alienation of the GLBT faithful and the treatment of women by the hierarcy..." What exactly do you want to discuss regarding GLBT relationships and the treatment of women by the hierarcy, Jack? GLBT sexual relationships are not consistent with the teaching of Christ, The Word Made Flesh, and thus are not consistent with the Catholic Faith. What would you like to discuss regarding the treatment of women by the hierarchy?

    Rated 2.1667 by 6 users. see individual ratings

    Let us also remember

    Let us also remember Archbishop Burke for his most famous action:

    --- Excommunicating the entire parish of St. Stanislaus.

    Let us bless him in his new position, and give thanks to God for removing him from his position of authority in St. Louis.

    Rated 2.75 by 8 users. see individual ratings

    He excommunicated the priest

    He excommunicated the priest and the members of the board, one since has had his excommunication lifted, as he repented after the excommunications were upheld by the Apostolic Signatura (hmmm).

    ++++++
    nightwalker on Catholic Answers

    Rated 1.6667 by 3 users. see individual ratings

    And why am I not surprised

    And why am I not surprised that the excommunication was upheld?

    In 1945, after Archibship Stepinac was convicted of war crimes, with a MOUNTAIN of evidence. Pius XII excommunicated everyone who was involved in the prosecution, testimony and trial. Those excommunications also were upheld. Stepinac was later canonized.

    The Apostolic Signatura does whatever the Holy See tells them to do. Morality, evidence, appropriateness are totally irrelevant in that system. Remember, if they dont obey the pope, they can be excommunicated for disobedience to papal authority.

    BTW, that was "ONE" board member, and only one. The question that should be asked here, is what kind of a "deal" was made with that board member? How many pieces of silver changed hands and for what services?

    Rated 4 by 4 users. see individual ratings

    Yeowtch! Col55, let's not

    Yeowtch! Col55, let's not just toss accusations like that around. From NCR's own reporting, that one guy had been having second thoughts for some time and broke with St. Stanislas months before meeting with Burke.

    Still, your point is taken. It was quite predictable that the excommunication would be upheld. However, I think that within two years, if bishops from the Polish National Catholic Church and the Old Catholic Church see that the congregation really supports him, they'll probably ordain him a bishop. Then, instead of him going "from ordination to excommunication in three short years”, he'll have gone from ordination to bishop in five! (Hardly a record, but funny nonetheless.) If that happens, I hope they're not electing another Carfor.

    Rated 3 by one user. see individual ratings

    Jack Hereford: Archbishop

    Jack Hereford: Archbishop Burke has been a vigorous defender of the truth of irreformable Catholic doctrine. His responses have not been hysterical; they have been thorough, tireless and courageous. So-called "progressive initiatives" are often distortians and departures from the truth of Catholic faith. What does "alienation of the GLBT faithful" mean? That the Church should approve of homosexual acts and same-sex unions? Not gonna happen because the Church's doctrines about those matters are infallibly taught. What does "treatment of women by the hierarchy" mean? That the Church should consent to the priestly ordination of females? Not gonna happen because the Church's doctrine on that matter is also infallibly taught. You hide behind euphemisms and code words, but your agenda of dismantling the Catholic faith is clear. No wonder you have such hatred for a man who effectively defended the Church by standing in the way of people like you who want to replace grace with sin and truth with falsehood.

    Rated 1.625 by 8 users. see individual ratings

    Let us pray that Peace and

    Let us pray that Peace and Justice can return to the St. Louis Archdiocese. I just hope that Burke's successor isn't a carbon copy of him.

    Rated 3.25 by 8 users. see individual ratings

    Archbishop Burke has been

    Archbishop Burke has been aggressively hostile to all progressive initiatives in the St. Louis Archdiocese. With his departure, Peace and Justice will hopefully again be central issues for our community. Alienation of the GLBT faithful and treatment of women by the hierarchy can be publicly discussed without hysterical response from 'The Roundhouse'.

    Rated 3.25 by 16 users. see individual ratings