In recent weeks, two significant events highlighted the significant progress made in Catholic-Lutheran dialogue over the last fifty years.

On 31 October, Reformation Day, the U.S. Catholic-Lutheran dialogue published a consensus statement, Declaration on the Way: Church, Ministry, and Eucharist. The Declaration draws on the fifty years of official dialogues to produce a litany of 32 consensus statements – a list of doctrinal agreements on the related topics of the Church, ministry, and the Eucharist – that are the direct results of dialogue, and which are no longer church-dividing issues.

The Conference of Bishops of the Evangelical Lutheran Church in America (ELCA) has unanimously affirmed the document and has forwarded it to the 2016 Churchwide Assembly and the Lutheran World Federation for consideration. On the Catholic side, the Committee on Ecumenical and Interreligious Affairs of the United States Conference of Catholic Bishops (USCCB) also affirmed the consensus unanimously. They have sent it on to the Pontifical Council for Promoting Christian Unity for consideration.

Two key points from the conclusion of From Conflict to Communion guided the work. [Called to Communion is the 2013 document published by the international Catholic-Lutheran dialogue, in preparation for the 500^th anniversary of the beginning of the Reformations, in 2017]:

          1)      Catholics and Lutherans should always begin from the perspective of unity and not from the point of view of division in order to strengthen what is held in common even though the differences are more easily seen and experienced.

2)      Lutherans and Catholics must let themselves continuously be transformed by the encounter with each other and by mutual witness of faith.

Too frequently, we hear the complaint, “What has been achieved with all this dialogue?” as if to expect that the answer is nothing. It is easier for those of us too young to remember the time before the Council to think this way, growing up in an age when it was taken for granted that we should be ecumenically engaged, and little seems to have changed since the 1980s. The purpose of this document is to respond to the question, and to lay the groundwork for the next steps in the dialogue.

With the Joint Declaration on the Doctrine of Justification (1999) the days when one could simplistically summarize the disparity on Catholic and Lutheran teaching on justification as “Protestants believe you are saved by faith alone, and Catholics that you are saved by faith and works” are thankfully long gone. The Declaration on the Way offers a longer list of doctrines that we clearly share in common.

The summary form makes it easy for preachers to integrate into their preaching, and catechists to integrate into their teaching. While wading through volumes of dialogue statements and notes might make a daunting task for the typical parish pastoral minister or Sunday school teacher, this entire document is about 100 pages and easily navigated.

This concern is “Ecumenical Reception”. It is one thing for the Churches, through their official dialogues, to agree on an article of faith, but it is quite another for that to really sink in at the grassroots level. It has to be adopted, and adapted, at the local level – both in terms of local culture and pastoral practice, and at the level of individual faith and the understanding. What good is an agreement on justification or ecclesiology if the Sunday school teachers, the pulpit preachers, and the popular bloggers are still using outdated information and spreading stereotypes based on the misunderstandings and attitudes of the past, as if no dialogue had ever happened?

Catholics and Lutherans agree on the Church’s foundation in God’s saving work, in Scripture and the means of Grace, the Church as communion (koinonia) with visible and invisible elements, the communion of saints and the eschatological nature of the Church and its mission. We agree on ordained ministry as an essential element of the Church, the universal priesthood, the divine origin of ministry, the nature of ministerial authority, much of the nature of ordination, the unity of the orders of ministry, and the need for a ministry of worldwide unity. So too are there agreements on the Trinitarian and Christological dimension of the Eucharist, the Eucharist as a sacrificial memorial, the eschatological and ecclesiological dimensions of the Eucharist, and even on the Real Presence in the Eucharist.

Where work remains to be done is on some aspects of the nature of ordination and who may be ordained, and the question of what intermediate sacramental steps might be taken to help lead to reconciliation an full communion among the separated Christian communities. Before offering ‘next steps on the way’ the document suggests that “The possibility of occasional admission of members of our churches to Eucharistic communion with the other side (communicatio in sacris) could be offered more clearly and regulated more compassionately.”

Bishop Dennis Madden, USCCB and Presiding Bishop Elizabeth A. Eaton, ELCA

Almost as if in response to the document, Pope Francis visited Rome’s Evangelical Lutheran Church just a couple weeks later, on 15 November, and responded to a question about Eucharistic hospitality that suggested that Lutherans might receive communion as a matter of conscience. We take it as a given that this assumes the normal conditions being met and in appropriate circumstances.

At first blush, this seems little more than an affirmation of the long-standing practice of the Church articulated in the 1983 Code of Canon Law, which was virtually unchanged from the pre-Vatican II conditions.

According to the Code, for members of the churches and ecclesial communions born out of the Reformation (i.e., Anglicans and Protestants) to receive communion during a Catholic Eucharist, they must:

1. Be baptized
2. Be properly disposed
3. Manifest Catholic faith in the sacrament (=Real Presence)
4. Not have access to a minister of their own church or communion
5. Approach the sacrament on their own accord
6. Be motivated by “grave pastoral need”, such as danger of death; other situations to be determined (generally, not case-by-case) by the episcopal conference or diocesan bishop. (CIC §844.4)

[Eastern Orthodox, Oriental Orthodox, Assyrian Church of the East, and Old Catholic Christians are allowed to participate in Catholic sacramental life at any time, with respect to the rules of their own traditions, essentially only needing baptism, disposition, and belief in the Real Presence, which are all assumed in these cases as well. This is dealt with in CIC §844.3]

In application, Lutherans always fulfill condition 1: we have long recognized their baptism as valid. Whenever a communicant approaches during the communion procession, it is assumed they fulfill conditions 2 and 5, unless there is some grave public reason to know otherwise. This is, even for Catholics, generally a matter of conscience (guided by their spiritual advisor, confessor, etc.).

As the consensus statement above highlights, Catholics and Lutherans have long articulated agreement on the Real Presence, so being Lutheran is enough to fulfill condition 3.

This condition does not mean, as some have suggested, that only those in full communion with the Catholic Church can receive communion; it means you must agree with the Catholic theology of the Real Presence; most Christians do. Neither does it mean that you must use the word “transubstantiation” – even within the Catholic communion, many of the Eastern Churches do not. In Mysterium Fidei (1965), and Paul VI reminded us that it is helpful, even necessary, to find “fresh ways of expressing [the Real Presence], even by using new words” – it is the meaning of the doctrine, not its formulation, which is always imperfect and in need of reform, that is essential.

Where there is remains some discussion, and frequent confusion, are the following two questions:

• what does it mean not to have access to a minister of their own church?
• and what constitutes a grave pastoral need?

The 1993 Directory on the Application of Principals and Norms on Ecumenism offers an interpretive lens and some clarifications, noting that, “in certain circumstances, by way of exception, and under certain conditions, access to these sacraments may be permitted, or even commended, for Christians of other Churches and ecclesial Communities.” (§130)

Pope John Paul II similarly softened the language of condition 6 from “danger of death or other grave necessity” to simply “grave spiritual need”. He reduced the requirements to this spiritual need and baptism, proper disposition, and who freely approach the sacrament – eliminating the “lack of access to a minister of their own faith” as a condition. (Ecclesia de Eucharistia §34-46, esp. 45). Where bishops and bishops conferences have attended to their duty in this regard, ‘mixed’ marriage and family life is the most common example of a situation that meets these conditions.

Unfortunately, as with a great many of the Polish pope’s great achievements, he lead by example and larger-than-life theatrical symbols, and never changed the law itself to correspond with his actions or apparent intentions. One could hope that among the myriad reforms that the Church needs would be an updating of the Code to account for the developments in ecumenical dialogue over the last five decades.

Both John Paul II and the Directory take care to point out that this concerns individuals, not interim concelebration or general table fellowship, and that the purpose is always for the spiritual care of the individual and the motivation for full communion, with care that it not lead to indifferentism. Triumphalism about Catholic Eucharistic theology or practice – that is, to suggest erroneously that only Catholics celebrate the Eucharist or “have the Real Presence” – is not part of the equation. In fact, it could be argued that if that is your attitude, you are not properly disposed to receive, owing to a sin of pride!

In other words, it is not possible for any informed Catholic to say, “Non-Catholics may never receive communion at a Catholic Eucharist”. This truth has been encased in law since at least 1983. This is a “dumbing-down” of a complex discipline of the faith to the point of error.

Understanding of the conditions under which access to the sacrament is allowed has developed even in the thirty years since the Code was published. These legitimate developments have to be considered as well, not just the Code itself. It is already Church teaching and practice, explicitly in many jurisdictions and implicitly in others, that the Lutheran spouse of a Catholic could receive communion during the Catholic Eucharist, at least in some situations.

Pope Francis is merely reiterating this. What he does, and has every right to do, as supreme pontiff and universal pastor, in light of real progress made by the Lutheran-Catholic dialogue on the Eucharist, is to frame it in a more positive way. He could, in fact, change the Code itself to allow more frequent opportunities, or to spell out more clearly a longer list of situations, like an interchurch marriage, where the exceptions apply. He is, after all, the supreme legislator.

We already know that there are certain circumstances that a Lutheran can receive; Pope Francis is suggesting that it is a matter of conscience by the individual to determine when those conditions are fulfilled. This is, practically, just acknowledging the current practice of the Church: it is the conscience of the person that determines if they are properly disposed, whether there is spiritual need (and what constitutes ‘grave’), and motivates them to approach the sacrament.

The bishop of Rome also reminds us, as did Vatican II, that communion is not only the goal and sign of ecclesial communion achieved, but also a viaticum (food for the journey) for walking together on the way to that unity. If witness to the unity of the Church generally restricts Eucharistic sharing, the grace to be had from it sometimes commends the practice. (UR §8). Under the right, carefully proscribed circumstances, the Church has taught for fifty years, certain occasions of Eucharistic hospitality is good for the soul, and for the ultimate goal of full communion.

The real progress made by dialogue necessitates a real change in discipline and practice, and we can see this in the (rather conservative) shifts from the Code to the Directory to John Paul II to Francis.

Anyone “confused” by the pope’s comments has probably not kept up with the development of Church teaching in and since the Council, and is unaware of the even previously existing conditions (e.g., danger of death) that allowed a non-Catholic to receive communion from a Catholic minister.

What has changed with Pope Francis is that the ‘norm’ is now to take a more generous reading of the law – one in which the hermeneutic is mercy and the care of souls – rather than a rigorously constrained reading or a hermeneutic of triumphalism. This is possible without even offering a change in the law itself.