Upon the publication of any document emanating from the Holy See, most canonists are often overcome with questions from well-meaning individuals. The decree issued from the Dicastery of the Faith (Prot. N. 99/2009) and the accompanying Nota Explicativa, issued on 2 July 2026, is no exception. A few comments are apposite.
The Holy Father, Leo XIV, is himself a doctorally-qualified canonist. It seems fair to say that His Holiness is not only a true scholar of the law, but also well-acquainted with the strategic implications of the canons relating to the hierarchical constitution of the Church, and the impact they have upon how authority is exercised in the Church. Perhaps His Holiness’ refusal to meet with the Society of St. Pius X, as well as allowing such a decision to be made by a lower level of the Roman Curia than himself, could potentially allow the Society to benefit from the principle of hierarchical recourse and due process.
Whether this above-captioned decree will be followed by any authoritative declaration from the Holy Father himself remains to be seen as of this writing. As such, at the present moment, those impacted by this decree retain the right of recourse according to the norms of canon 1732-1739 as well as the Regolamento Generale della Curia Romana, particularly art. 135. It would be imperative that the canonical time limits be respected; in this case, ten (10) canonical days. This would have suspensive effect on the entirety of the decree and the Nota Explicativa. Canonist Charles Scicluna states: “In those matters in which hierarchical recourse suspends the execution of a decree, the request for revocation also has the same effect (can. 1736, § 1). These cases include ... infliction or declaration of a penalty (can. 1453).”1
All that would be needed to initiate the process, within the requisite time-frame, would be a simple letter stating, for example: “In submission to the Sovereign Pontiff we wish to indicate our loyalty to him, and humbly and respectfully request that the above-captioned decision of the Dicastery of the Doctrine of the Faith be rescinded by the Holy Father according to the norms of law.”
Such would undoubtedly reassure the minds and hearts of many Christifideles who have recourse to the Society of St. Pius X for ministry, and would likewise emphasize the respect and loyalty due to the Holy Father which is undoubtedly found within the minds and hearts of those in the Society.
It also bears mentioning that the Formula Adhæsionis which is found as Appendix B to the same Dicastery's "Prassi per La Riconciliazione Di Alcuni Sacerdoti/Laici Provenienti Dalla Fraternitá Sacerdotale San Pio X" is essentially that of the accord between then-Joseph Cardinal Ratzinger and Archbishop Marcel Lefebvre, signed 5 May 1988. These essential points were already personally stated by Archbishop Lefebvre himself in his letter to Pope St. John Paul II dated 8 March 1980. In said letter, Archbishop Lefebvre indicates how he has had to reprimand the sedevacantist thesis within the community. He expresses agreement with Pope St. John Paul II "that the Council must be understood in the light of the whole of holy Tradition, and on the basis of the unvarying Magisterium of Holy Mother Church." Lefebvre also states that although reservations must be shown toward the Novus Ordo Missae, in se, it is neither invalid nor heretical. Clearly, the Dicastery for the Doctrine of the Faith is asking simply for the faithful attached to the Society to hold merely to the explicit positions of Archbishop Lefebvre himself!
Setting aside the question of members of the Third Order of the Society of St. Pius X, it remains unclear what it would mean for a lay person who "participates habitually in the celebrations of the Society of St. Pius X and shares formally their doctrinal positions." What doctrinal positions held by the Society of St. Pius X are explicitly opposed to the Magisterium or the Roman Pontiff? A clarification would be helpful in this regard. In a spirit of benignity, statements made by members of the Society of St. Pius X, which at times are intended in a polemic sense, should not be necessarily taken as scientifically-stated declarations of doctrine.
It is this canonist's prayer and hope that an irenic spirit of truth and charity - the Holy Ghost - will prevail in all further relations between the Holy See and Menzingen.
