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Chaldean Catholic patriarch suspends 10 priests, including 1 from El Cajon
Patriarch says moves to the US were never approved

SAN DIEGO - The head of the Chaldean Catholic Church has suspended 10 priests, including one from El Cajon.

Chaldean Catholic Patriarch Louis Sako issued a decree a month ago, demanding the priests return to Iraq or be suspended. Wednesday was the deadline.

The priests, though, are refusing to leave and are now waiting on Pope Francis to tell them what to do next.

Dozens of devout Chaldean Catholics attended an emergency mass Wednesday at St. Peter Chaldean Catholic Church in Rancho San Diego, to pray for the 10 priests who have now been suspended by Sako.

He claims Father Noel Gorgis of El Cajon and other priests who he demanded return never had their moves to the United States approved when most of them fled Iraq around the time of the Gulf War to start churches and now must return to correct their status.

"To tell me go back to Iraq … it really is to make to tell me go and have suicide," said Gorgis.

It is because of the presence of ISIS militants. Right now, no Christian or American is safe.

The Chaldean Catholic Diocese, though, says according to Catholic law, an appeal suspends the execution of a sentence, meaning the priests will be able to continue practicing here unless the pope says otherwise.

"What if the pope says you need to return to Iraq?" asked 10News reporter Preston Phillips.

"That way, I will consider I will go back to Iraq, but really, he will not tell me to go kill yourself," said Gorgis.

If the priests did leave, the diocese says it would lead to a pastoral catastrophe and force the closure of basically half of the diocese.

There are only 14 priests serving the 140,000 Chaldean Catholics on the West Coast. Half of those they are serving live in San Diego County.

Chaldean patriarch suspends 12 monks, priests

Catholic World News - October 23, 2014

The head of the Chaldean Catholic Church has published a decree suspending six monks and six priests.

In September, Patriarch Louis Raphaël I Sako had demanded that all priests and religious who had left Iraq without permission return within 30 days or face sanctions.

Noting that the priests left Iraq for Australia, Canada, Sweden, and the United States, the patriarch said that “the objective of our decree is to end the illegal exit of the priests from their eparchies.”

He added that the suspensions would be reviewed if the monks returned to their monasteries and the priests returned to Iraq.

Iraqi priests sanctioned for seeking asylum without superiors' consent

By Carol Glatz
Catholic News Service

VATICAN CITY (CNS) -- Twelve Chaldean religious men and priests living in the United States, Canada, Australia and Sweden have been suspended from exercising their priestly ministry for not receiving permission from their superiors before emigrating from Iraq.

At least three of those suspended had been serving the Chaldean diaspora in the Eparchy of St. Peter the Apostle of San Diego since leaving Iraq.

The sanctions went into effect Oct. 22 following repeated, but "unfortunately unfruitful ultimatums" from the men's religious orders or bishops, said a written decree signed by Chaldean Catholic Patriarch Louis Sako of Baghdad. The decree was translated into English from Arabic and is published on the patriarchate's official web site, saint-adday.com.

The decree thanked Father Paulus Khuzeran, a religious who had been living in the United States, and Father Yousif Lazghin, a priest who had been living in Australia, for deciding to obey their superiors and return to their assigned place of ministry.

After informing the Vatican Congregation for Eastern Churches, and consulting with the permanent Synod of the Chaldean Church and the men's superiors, Patriarch Sako had announced last month that there would be canonical penalties for those who did not speak with their bishop or the superior of their religious community about either returning to their community or working out a potential transfer.

Those who failed to take those steps before Oct. 22 were to be suspended from the priesthood.

Before a priest is ordained, the decree said, he "announces the offering of his whole life to God and the church."

Among their vows and duties is the promise to obey their superior, "serving where the church sends the priest, not where he wishes to serve." The values of unity and communion should be held high above personal self-interest, the decree said.

The escalating turmoil and violence in Iraq since the U.S.-led invasion in 2003 have triggered hundreds of thousands of Iraq's Christian minorities to flee their nation.

Religious men and women and priests have often stood out as prime targets of kidnappers and killings, while churches and other religious places of worship have been singled out for bombings and attacks for years.

The decree, in fact, highlighted the "eloquent faith lessons" recent religious have given when they "shed their blood for the sake of the flock;" stayed on in their country after being abducted and then released; and "journeyed with their flock" as entire villages and communities were expelled by extremists or violence.

"I remind you, brothers, of Jesus' saying, 'Whoever loves his life loses it, and whoever hates his life in this world will preserve it for eternal life,'" the patriarch wrote, citing the Gospel of John (12:25).

Now that the sanctions have been imposed, if any of the diocesan priests "return, their status will be reviewed. For the monks, there is no other option but to return to their monastery and canonically correct their status," the statement said.

Patriarch Sako urged all bishops to "adhere to canon law and enforce order" by helping the men comply.

The decree is meant "to end the illegal exit of the priests from their eparchies," he said, not try to hurt or oppose the eparchies where the priests were currently residing: in the United States, Canada, Australia and Sweden.

The church, as mother and teacher, the patriarch said in the decree, "loves her children, but does not spoil them," guiding and correcting "the path of her children with responsibility."

Patriarch Sako said it was his hope the decree, which included the names of the twelve priests suspended from ministry, would be published where the priests reside, "revealing the truth to all."

He said some documents being published online, presumably authorizing the priest's ministry outside his eparchy, were not the same official documents they have from the men's bishops.

"I personally forgive all the insulting words that have been directed to myself from some of them. May the merciful God forgive them. Right at the end will prevail," he wrote.

The decree listed the following six monks and six priests as being "suspended from practicing priestly ministry: Father Noel Gorgis; Father Andraws Gorgis Toma; Father Awraha Mansoor; Father Patros Solaqa; Father Fadi Isho Hanna; Father Ayob Shawkat Adwar; Father Fareed Kena; Father Faris Yaqo Maroghi; Father Peter Lawrence; Father Remon Hameed; Father Hurmiz Petros Haddad; and -- Father Yousif Lazgeen Abdulahad.

See the PDF of the translated decree at laStampa:
http://vaticaninsider.lastampa.it/f...anslation__of_the_Patriarchal_Decree.pdf

Statement from the Chaldean Catholic Eparchy of Saint Peter the Apostle

Lots of photographs of both bishops and the suspended priests celebrating Liturgy and Qurbana:
http://www.kaldu.org/joomla/index.p...holic-eparchy-of-saint-peter-the-apostle


The clergy and faithful of St. Peter Diocese gatehered at St. Peter Cathedral today in order to hear the statement issued by the Eparch regarding the Patriarchal decree released earlier today. After praying Ramsha together and attending Mass, His Excellency, Mar Bawai Soro, read the statement. The text is available below, along with the audio.

On Wednesday, October 22, 2014, His Beatitude, Patriarch Louis Sako, issued a decree stating that: “the following monks and priests shall be suspended from practicing priestly ministry.” This refers to nine of the priests of St. Peter Diocese. We want the faithful of our Diocese to know that we have made an official Appeal to the Holy Father, Pope Francis, so that the faithful are not deprived from the priestly channel of grace to which they are entitled, in accordance with Canon 16 of the Eastern Code, which states: “The Christian faithful have the right to receive assistance from the pastors of the Church from the spiritual goods of the Church, especially the Word of God and the Sacraments.”

Our Diocese has the moral and pastoral obligation do its best to protect her priests and provide priestly services to the faithful in order to avoid a pastoral catastrophe as a consequence of losing more than half of her active priests. Examples of such pastoral tragedies would be: (1) Closing 5 Parishes and 3 Missions, basically half of the Diocese. (2) Depriving half of our faithful of sacramental graces: Eucharist, Baptism, Confirmation, Confession, Matrimony, Anointing of the Sick, as well as funerals, counseling, visiting families, etc. (3) Causing the remaining functioning priests to collapse as a result of unfulfilled pastoral demands given to them from those missions and parishes deprived of their priests. (4) Scandalizing the faithful of the Church as they see their priests without their priestly faculties.

Therefore, according to Eastern Canon 1319, which states “An appeal suspends the execution of a sentence,” these nine priests are not suspended and will continue exercising their priestly ministry fully, legitimately, and honorably, with the rest of the Diocesan clergy. We ask all the faithful to pray for the whole Chaldean Catholic Church, as we await the pastoral directive of the Holy Father, in total obedience and unity.

In full communion with the Bishop of Rome and in full Unity with the Chaldean Church, our Diocese, striving to become a leaven for the Chaldean Church, with her Eparch, Clergy, all institutions and faithful, is fully committed to the Ecclesiology of the Catholic Church, in all of its structure and details, especially in regard to Eastern Rite and Diocesan organization.

According to the Eastern Code Canon Law of the Church, the Holy Father is the visible head of the whole Church:

Canon 43 - The bishop of the Church of Rome, in whom resides the office given in special way by the Lord to Peter, first of the Apostles and to be transmitted to his successors, is head of the college of bishops, the Vicar of Christ and Pastor of the entire Church on earth; therefore, in virtue of his office he enjoys supreme, full, immediate and universal ordinary power in the Church which he can always freely exercise.

The Patriarch is the spiritual Father of his flock in the way determined by Canon 78:

Canon 78 - §2. “The power of the patriarch is exercised validly only inside the territorial boundaries of the patriarchal Church unless the nature of the matter or the common or particular law approved by the Roman Pontiff establishes otherwise.”

Outside the Patriarchal Territories, the Patriarch has authority over liturgical matters approved by the Holy See:

Canon 150 - §2. Laws enacted by the synod of bishops of the patriarchal Church and promulgated by the patriarch, if they are liturgical, have the force of law everywhere in the world; if, however, they are disciplinary laws or concern other decisions of the synod, they have the force of law inside the territorial boundaries of the patriarchal Church.

The Bishop of the Diocese is the Shepherd of his Diocese as described by Canon 178:

Canon 178 - The eparchial bishop, as a vicar and legate of Christ, governs in his own name the eparchy entrusted to him for shepherding. This power, which he exercises personally in the name of Christ, is proper, ordinary, and immediate, although its exercise is ultimately regulated by the Supreme Authority of the Church and can be defined with certain limits should the usefulness of the Church or the Christian faithful require it.

Have any priests been ordained for St. Peter Diocese in the United States?

The first article says at least some of these priests came to the US as early as the Gulf War (i.e. 1990?)?

That was 20+ years ago.

I can sympathize with both sides but it is sad to see a very Latinized CCEO used to curtail the power of the Patriarch. Canonically speaking it seems theses priests never received excardination from their Iraqi eparchies so the Patriarch is within his rights to suspend them and Canon 78 doesn't apply. That said I sympathize with the priests and given that so many Chaldeans have left Iraq for the U.S. they certainly seem needed. Also, since these priests have been here since 1990 and two previous patriarchs took no canonical action it maybe that incardination into the US eparchies could have been presumed and the current patriarch cannot now call them back against their will.

Yes, and there is a Seminary training future Chaldean priests in San Diego.

Deacon Ordinations [kaldu.org]

The seeming insensitivity to the reality of those Eastern Catholics now established in America brings back memories of stories about similar insensitivities directed toward others in early 20th century America....

Just to stave off any undue blame on the papacy, this is not a matter of some tension between the Pope's authority and the Patriarch's authority.

That a bishop (not a local priest) has appealed to the Pope means everything is being done by the canons (even per the standard of the ancient canons). The authority of the Canons is the deciding factor here, so whoever the Pope decides in favor of should not be seen as an [u]intrusion[/i] of the Pope of Rome into the affairs of the Chaldean Church, since a legitimate appeal has been made to the Pope of Rome by a bishop.

And people should not think that some latinized canonical principle is being applied here. The principle to which Mar Soro is appealing - that an appeal suspends the action that is being appealed - is a sure norm of ancient canon law. It is, for example, applied in the canons of Sardica, whereby an appeal to the Pope by a deposed bishop automatically suspends the acquisition of the see by the incumbent.

If the priests on their own appealed to the Pope without dismissory letters from their bishop, and the Pope intervened, THEN it would be an issue of the papal authority versus patriarchal authority. But everything so far is being done according to the canons. Hence, to repeat, the authority of the canons, not papal vs patriarchal authority, is the relevant principle in this matter.

The issue is complicated. Though a prior patriarch seems to have permitted the stay of the priests in the diaspora, excardination MIGHT be assumed. However, the Patriarch's letter states that there have been attempts by the originating monastery and diocese (who are the ordinary authorities of those monks and priests, respectively) to get those monks and priests to return. Apparently, the Patriarch is acting because the monasteries and bishops finally appealed to him. It's possible that the prior Patriarch did not act simply because no appeal was made to him by the immediate superiors of those monks and priests.

If this is the case, the Patriarch would simply have to produce proof of the prior attempts by the monks' and priests' superiors to have them return.

It's a sensitive issue. It seems the diocese does need its priests. At the same time, it's obvious that Iraq also needs its priests.

Blessings

Mardukm,

What you are failing to recognize is this in an interpatriarchate matter. The Orthodox will see this as another example of Eastern catholics not having true autonomy. An appeal to the Pope should not be possible in this case. It also doesn't help that the U.S. bishop cites the most odious canon of the CCEO, that patriarchs want done away with, that which restricts their authority to the homeland when the majority of faithful are now in the Americas and Australia.

Not that I'm questioning motives here, but Mar Bawai Soro is an extremely intelligent bishop. Remember he was originally ordained a bishop of the Church of the East, he was involved in ecumenical talks with Rome and got the Chaldean and Assyrian Holy Synods to sign an agreement where the two would merge into one church. Unfortunately, only he and some 30 priests and 4000 laypersons went through with it at the end of the prescribed time.

Having said this, perhaps Mar Bawai is just the right canonist, at the right time, in the right circumstance, under the right Pope.. to extend the jurisdiction of the Patriarchs/Catholicoi in the diaspora for good. It is quite interesting that Mar Bawai is the spokesman here, not the Eparch Mar Sarhad Yawip.

As to Orthodox sentiment, I would think the Orthodox would remember their own troubles with these matters - the recent on that comes to mind, ex-Bishop Basil, wasn't that long ago..

Dearest Fr. Deacon Lance,

I disagree. The bishop is explicitly appealing to the Pope of Rome as head bishop of the Church unviersal, not as the Patriarch of the Latin Church in the diaspora. I believe Adam Deville's proposal is instructive - we need to distinguish between the patriarchal role of the Pope of Rome from his role as head bishop of the Church universal.

I agree that the Orthodox will see it that way. But on the face of it, I don't see what grounds they would have. This is simply a bishop appealing to the Pope of Rome. That in itself is not indicative of a lack of autonomy, but merely a bishop's prerogative to appeal to Rome. A bishop with just cause can appeal to a superior authority, and that is not indicative of a lack of autonomy any more than a bishop in a metropolitan see appealing to the patriarichal archbishop in one of the Eastern patriarchates is indicative that the metropolitan see lacks autonomy.

I agree. Even the canon to which Mar Bawai Soro appeals explicitly states that a Patriarch has jurisdictional competence outside the Patriarchate on matters that are within his authority "according to the nature of the case." This matter is clearly within the jurisdictional competence of the Patriarch, and the Pope of Rome should not be brought into the picture.

I agree that the citation of the Canons does not really help Mar Bawai Soro's case, particularly Canon 78, which can actually supports the jurisdiction of the Patriarch in the matter, and Canon 150, which has no relevance to the case. The principle being applied here - that Patriarchs have ordinary jurisdiction (regardless of whether its territorial or personal) over their priests is from ancient canon law, not current synodal laws. Hence, Canon 150 is irrelevant.

But I disagree on the "odious" comment. The canon is not so odious when one considers that:
(1) It was the standard in the early Church that patriarchal authority did not extend beyond their territorial jurisdiction. How can the preservation of an ancient Tradition be considered odious?
(2) Most of the Western world was evangelized by the Latins and they established bishoprics in most of the New World before any Church of the Eastern or Oriental Tradition set foot there.
(3) The fact that Eastern and Oriental Catholic patriarchs do not have territorial jurisdiction outside their Traditional territories is no impediment to the fact that they nevertheless have personal jurisdiction over their flock outside those Traditional territories. Personal jurisdiction is a true episcopal jurisdiction, even though it is not territorial.

I admit that as an Oriental, I don't understand the insistence on territorial jurisdiction. It is obviously not working that well in the diaspora for the Eastern Orthodox anyway On the other hand the principle of personal jurisdictions within existing territorial jurisdictions is working quite well for the Catholic and Oriental Orthodox Churches. Please forgive me if this sounds condescending (for I do not intend that in the least), but I believe the EO can take a lesson from the CC and OOC on this matter. Oikonomia must be exercised in order to meet the evolving needs of the Church. A strict insistence on the concept of territorial jurisdiction, even when it is demonstrating itself to not live up to the ideals of Christian unity in the diaspora, is not healthy, imo.

Humbly,
Marduk

Odious because it is disingenuous that for all the ancient canons the Latins disregard the one the want to insist on is a defined territory for Eastern Patriarchates. They of course have the run of the globe.

Perhaps Mar Bawai is more clever than he's getting credit for. This may spell the end of territorial limitations of the Patriarchate.

Yikes! I certainly want to support the Patriarch ... but to say that they must return to Iraq under penalty of suspension.