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Diocesan Statement
Priest who allowed non-Catholic clergyman to concelebrate Eucharist apologizes, requests early retirement
On Tuesday, June 20, 2006, Bishop Thomas J. Olmsted accepted Fr. John Cunningham’s apology for allowing a non-Catholic clergyman to concelebrate the Eucharist at a wedding in April 2004. Fr. Cunningham’s apology, at right, includes a request for early retirement as a priest in good standing.
Bishop Olmsted wrote to Fr. Cunningham, “It is my desire that you be reinstated as a priest in good standing.” He also granted Fr. Cunningham’s request for early retirement.
In April 2004 Bishop Olmsted received a report that Fr. Cunningham allowed an Anglican priest to concelebrate a nuptial Mass at St. Anne’s Church in Gilbert. It is possible for a non-Catholic minister to participate in a wedding. However a non-Catholic clergyman is not allowed to concelebrate the Eucharist at a wedding or Mass on any occasion.
After an initial investigation, the bishop suspended Fr. Cunningham pending referral of the case to the Congregation for the Doctrine of the Faith at the Vatican. Bishop Angelo Amato’s response from the Congregation instructed Bishop Olmsted to initiate a process that would decide whether or not Fr. Cunningham allowed this to happen and, if so, what penalties should be imposed on him.
Bishop Olmsted appointed two priests to conduct this process: the Rev. Msgr. Brian Ferme, JCD, Dean of the School of Canon Law, The Catholic University of America, and Rev. Msgr. Ronny Jenkins, JCD, Professor of Canon Law at Catholic University and Associate General Secretary of the U.S. Catholic Conference of Bishops. They were appointed to determine whether Fr. Cunningham violated Church law, namely Canon 908.
Canon 908 reads, “It is forbidden for Catholic priests to concelebrate the Eucharist with priests or ministers of churches… which are not in full communion with the Catholic Church.”
Msgrs. Ferme and Jenkins concluded “The Anglican minister concelebrated not only formally, but also materially. This is most evident and indisputable….” They also wrote “There is absolutely no doubt that Fr. Cunningham knew the Rev. (Robert) Haux was an Anglican minister….”
From a video of this wedding Mass that they viewed, Msgrs. Ferme and Jenkins cite fifteen specific violations as evidence that Fr. Cunningham allowed the Anglican minister to concelebrate the Mass. For example, the Anglican minister was wearing a chasuble, extended his hands over the gifts of bread and wine immediately before the consecration (at the Epiclesis), extended one hand at the consecration of the bread and spoke the words of consecration, lifted one of the chalices at the consecration of the wine and at the same time spoke the words of consecration, joined in saying the eucharistic prayer, spoke alone part of the eucharistic prayer, and received communion at the altar as if a celebrant.
Msgrs. Ferme and Jenkins conclude that Fr. Cunningham violated Church law, canon 908. They wrote, “Fr. Cunningham is guilty of the delict as determined in canon 908 and in the view of the Assessors is also guilty of the most grave delict as determined in Art. 1.2, 3 of Sacramentorum Sanctitatis Tutela.”
Given the seriousness of this violation, Msgrs. Ferme and Jenkins recommended the following sanctions be applied to Fr. Cunningham: Removal from his position as pastor; suspension for a period of time to be determined by the bishop; a period of retreat; and public retraction of what he has done.
Bishop Olmsted, aware of how difficult it has been for Fr. Cunningham to be removed as pastor and to be suspended for over two years, agreed that these two sanctions had already been fulfilled. With the apology published in The Catholic Sun and a recent retreat, Fr. Cunningham has completely responded to the four requirements of the assessors.
Bishop Olmsted recently wrote to Fr. Cunningham, “I am encouraged by your unconditional acceptance of the assessment made by Msgrs. Ferme and Jenkins. It is my hope we can reach a resolution of your case in the near future.”
As of June 20 Fr. Cunningham has been reinstated as a priest in good standing in the Diocese of Phoenix. He asked Bishop Olmsted for permission for early retirement and the bishop has granted that request.
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Text of Fr. Cunningham's apology
June 20, 2006
Most Rev. Thomas J. Olmsted
Bishop of Phoenix
400 E. Monroe Street
Phoenix, AZ 85004
Dear Bishop Olmsted,
More than two years ago, while I was pastor at St. Mary Magdalene in Gilbert, an engaged couple and parishioners of St. Mary Magdalene asked me to conduct a nuptial Mass and preside over the exchange of their wedding vows. They also asked if an Anglican priest, who was a long-time friend of the bride, could participate in the nuptial Mass and the wedding celebration. Since St. Mary Magdalene did not have a church, the wedding was to be conducted at St. Anne’s in Gilbert.
On April 24, 2004, their wedding occurred and the Anglican priest participated in portions of the nuptial Mass. I allowed the Anglican priest to participate in such a way that his conduct was judged by canonical assessors as a concelebration of the Eucharist and a violation of Canon 908, which prohibits such activities by a priest or minister not in full communion with the Roman Catholic Church. I was administratively suspended as a priest by you on April 28, 2004. I apologize unconditionally for conduct on my part which was a violation of Canon 908.
I apologize to Fr. Doug Lorig, pastor of St. Anne’s Catholic Church for using his church to celebrate the nuptial Mass. I also apologize to Jean Estes-Gonzales and Amy Jacobs, employees of St. Anne’s, for litigation I filed against them for defamation and which has been dismissed.
Thirty years of work and service to the people that I put in as a priest for the Diocese of Phoenix were the high points of my life. I ask you to reinstate me as a priest in good standing and for early retirement from the Diocese of Phoenix.
Sincerely yours,
John Cunningham
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