As Democrats continue to invoke Ted Kennedy as a martyr in the health care wars and the Kennedy family prepares to bury the last of three larger than life brothers who indelibly impacted the American political landscape over the past 50 years, the Catholic Church has sent mixed signals on the legacy of Teddy Kennedy.
On the one hand, his funeral will be administered by a Catholic priest in a Catholic church in Boston. On the other, neither the Pope nor the Vatican have issued so much as a statement regarding the death of one of America’s most prominent Catholics. At issue is whether Kennedy should be labeled a heretic for his support of abortions.
This morning, Time Magazine reported on the Pope’s silence on Kennedy and the implications of his strained relationship with the Catholic Church.
In the eyes of the traditionalist wing of the Church, however, Kennedy should have been asking the Pope for forgiveness. The Vatican’s official newspaperL’Osservatore Romano reported Kennedy’s death, praising his work on civil rights and fighting poverty, but noted that his record was marred by his stance on abortion.
Saint Thomas defined heresy as “a species of infidelity in men who, having professed the faith of Christ, corrupt its dogmas”. (From the Catholic Encyclopedia.)
Over the course of his career in politics, Senator Ted Kennedy received a perfect score from NARAL Pro-Choice America for his support of abortion and a score of “zero” from the National Right to Life Foundation. In 2004, a memorandum by then-Cardinal Ratzinger (now Pope Benedict XVI) - titled Worthiness to Receive Holy Communion: General Principles - directed Catholic priests to deny Communion to politicians who support abortions. [Text of the Ratzinger memo follows at the bottom of this post.]
When the Pope visited the United States in April 2008, Kennedy refrained from setting up what many anticipated as a papal scandal by not lining up to receive Communion - which could be viewed as a self-awareness of his unworthiness to receive the sacrament.

Yet, it may be this awareness and subsequent repentance that permitted the Catholic funeral to take place.
Mark Leibovich of the New York Times notes that, among things, “The Rev. Mark Hession, the priest at the Kennedys’ parish on the Cape, made regular visits to the Kennedy home this summer and held a private family Mass in the living room every Sunday. Even in his final days, Mr. Kennedy led the family in prayer after the death of his sister Eunice . . . [and when] the senator’s condition took a turn Tuesday night a priest, the Rev. Patrick Tarrant of Our Lady of Victory Church in Centerville, was called to his bedside.”
Folks, my reading of the canonical tradition behind Canon 1184 says that those actions suffice as “some signs of repentance”, making Ted Kennedy eligible for a Catholic funeral. Of course I wish that Teddy’s repentance, if that is what it was, had been more explicit, for the scandal the man left was enormous and demanded great atonement in this life (or more dreadfully in the next). But on the narrow question as to whether Edward Kennedy is eligible for a Catholic funeral, the information before me suggests that he is, and that a bishop who permits such rites can find support in the Code of Canon Law for his decision.
(From In Light of the Law by Canon lawyer Ed Peters.)
Regardless of what Kennedy may or may not have sought forgiveness for in his final days, many pro-life Catholics aren’t buying it. On Thursday, the president of the American Life League called on Boston’s Cardinal O’Malley to deny Kennedy a Catholic funeral.
We are aware of the impending disaster that is about to take place at Our Lady of Perpetual Help Basilica in your Archdiocese. We are positive that you are aware that Senator Edward Kennedy spent the past 30 years doing all he could to advocate and support the act of procured abortion, and yet he continued to call himself Catholic.
We are therefore astounded that you are permitting a funeral Mass for this man at the Basilica, and that you have obviously approved the appearance of President Barack Obama, the United States president who has done more to facilitate the direct killing of innocent children before birth than any president in the history of this nation.
The abortion issue promises to cloud Democrat attempts to invoke Kennedy’s memory in hopes of breathing new life into a health care reform debate they appear to be losing. Approximately 60% of Americans believe taxpayers will be forced to fund abortions under Democrat reform proposals and poorly hidden abortion mandates in the House and Senate reform proposals have left many Catholics - including those in Congress itself - torn on the issue.
Worthiness to Receive Holy Communnion: General Principles.
by Joseph Ratzinger
1. Presenting oneself to receive Holy Communion should be a conscious decision, based on a reasoned judgement regarding one’s worthiness to do so, according to the Church’s objective criteria, asking such questions as: “Am I in full communion with the Catholic Church? Am I guilty of grave sin? Have I incurred a penalty (e.g. excommunication, interdict) that forbids me to receive Holy Communion? Have I prepared myself by fasting for at least an hour?” The practice of indiscriminately presenting oneself to receive Holy Communion, merely as a consequence of being present at Mass, is an abuse that must be corrected (cf. Instruction “Redemptionis Sacramentum,” nos. 81, 83).
2. The Church teaches that abortion or euthanasia is a grave sin. The Encyclical Letter Evangelium vitae, with reference to judicial decisions or civil laws that authorise or promote abortion or euthanasia, states that there is a “grave and clear obligation to oppose them by conscientious objection. [...] In the case of an intrinsically unjust law, such as a law permitting abortion or euthanasia, it is therefore never licit to obey it, or to ‘take part in a propaganda campaign in favour of such a law or vote for it’” (no. 73). Christians have a “grave obligation of conscience not to cooperate formally in practices which, even if permitted by civil legislation, are contrary to God’s law. Indeed, from the moral standpoint, it is never licit to cooperate formally in evil. [...] This cooperation can never be justified either by invoking respect for the freedom of others or by appealing to the fact that civil law permits it or requires it” (no. 74).
3. Not all moral issues have the same moral weight as abortion and euthanasia. For example, if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia.
4. Apart from an individuals’s judgement about his worthiness to present himself to receive the Holy Eucharist, the minister of Holy Communion may find himself in the situation where he must refuse to distribute Holy Communion to someone, such as in cases of a declared excommunication, a declared interdict, or an obstinate persistence in manifest grave sin (cf. can. 915).
5. Regarding the grave sin of abortion or euthanasia, when a person’s formal cooperation becomes manifest (understood, in the case of a Catholic politician, as his consistently campaigning and voting for permissive abortion and euthanasia laws), his Pastor should meet with him, instructing him about the Church’s teaching, informing him that he is not to present himself for Holy Communion until he brings to an end the objective situation of sin, and warning him that he will otherwise be denied the Eucharist.
6. When “these precautionary measures have not had their effect or in which they were not possible,” and the person in question, with obstinate persistence, still presents himself to receive the Holy Eucharist, “the minister of Holy Communion must refuse to distribute it” (cf. Pontifical Council for Legislative Texts Declaration “Holy Communion and Divorced, Civilly Remarried Catholics” [2002], nos. 3-4). This decision, properly speaking, is not a sanction or a penalty. Nor is the minister of Holy Communion passing judgement on the person’s subjective guilt, but rather is reacting to the person’s public unworthiness to receive Holy Communion due to an objective situation of sin.
[N.B. A Catholic would be guilty of formal cooperation in evil, and so unworthy to present himself for Holy Communion, if he were to deliberately vote for a candidate precisely because of the candidate’s permissive stand on abortion and/or euthanasia. When a Catholic does not share a candidate’s stand in favour of abortion and/or euthanasia, but votes for that candidate for other reasons, it is considered remote material cooperation, which can be permitted in the presence of proportionate reasons.]