The
Society of St Pius X, without Vatican permission, proceeded with
consecrating new bishops on July 1st 2026. This was done under appeal
to a "state of necessity" as described in canon law as an
exception to normative ecclesial law.
KEY TAKEAWAY: VATICAN HAS TO ENGAGE CONCERNS
In their June
2026 Profession of Faith, the SSPX raised concerns about several
"modern errors" harming souls in the Church today, such as:
naturalism which attacks the necessity of grace, subjectivism,
immutability of dogma, false ecumenism, and liturgical attacks, to
name a few.
In moving forward with these bishop consecrations, the
SSPX frequently referenced the Code
of Canon law #1324, which states the penalty of violating a law
"must be diminished or a penance
substituted in it's place, if the offence was committed
by...one...who acted by reason of necessity. ...in the
circumstances mentioned, the offender is not bound by a latae
sententiae [i.e. automatic] penalty, but may have lesser
penalties or penances imposed for the purposes of repentance or
repair of scandal.”
That paragraph corresponds to the 1917
Code of Canon law, which says in paragraph 2205:
"Additionally, grave fear, even
if it is only relative, necessity, and even grave
inconvenience for the most part thoroughly toll a delict, if it
concerned a merely ecclesiastical law."
You see in each case the concept of "necessity" can be a
deal-breaker in part or entirely when violating a particular
ecclesial law.
Because this exceptional circumstance is described in Canon Law,
it is reasonable to expect those who opine on the current SSPX
situation to account for that exception, given that the SSPX is
appealing to it. A large number of commentators have not done so.
Pointing out the normative ecclesial laws is insufficient. An
analogous situation would be the obligation a child has to obey his
parent. This is normative lest the parent issues an immoral or
unfulfillable directive, for example. And pointing out the normative
law to honor one’s parents minus the existing context would be
insufficient to address such a situation.
Ultimately, the SSPX believes their role in preserving Church
Tradition and the Traditional Liturgy is one of serving souls. On
May
12, 2026, the SSPX explained how even in the current pontificate,
Cardinal Roche wrote that allowing the TLM was a "concession
that in no way envisioned its promotion." The SSPX lamented this
as one of the Church hierarchy's "modern errors" and
therefore it is:
"more necessary than ever to
allow the maximum number of souls to benefit from the treasures of
Tradition and, given its worldwide expansion, two bishops aged nearly
70 are no longer sufficient to meet the expectations of all the
faithful and seminarians."
The problem is neither the Vatican nor the Pope have confronted
this the SSPX argument that they are in a state of necessity to
proceed with the ordinations. The closest the Vatican has come to
addressing the SSPX's contention is an invitation to "dialogue"
about what the SSPX is required to believe – not, apparently, to
address the SSPX’s concerns about the state of the Church in lieu
of Vatican II or otherwise.
Some have criticized the SSPX because they are not the sole order
promoting the Traditions they seek to restore to commonplace. Other
societies or orders include the ICKSP or the Canons Regular. Yet,
given the SSPX’s desire to serve the “maximum number of souls”
with Traditional Rites and culture, this criticism falls short that
would require the SSPX to be the only such society in order to
justify consecrations.
SSPX-VATICAN RECENT TIMELINE
Let's look at a general timeline of key events.
A February 8, 2026 statement by the SSPX seminary director
stated:
"[O]ur Superior General requested
an audience with the Pope several months ago. But alas, this audience
has still not been granted. He has written several letters to the
Pope and, so far, the only response he has received from the
Dicastery for the Doctrine of the Faith is a negative one."
The SSPX requests for meeting with the Pope extend back several
years.
Finally, they were able to meet with Cardinal Víctor Manuel
Fernández, Prefect of the Dicastery for the Doctrine of the Faith.
Fernandez is known for a number of scandalous sexual writings in his
past and more recently his heretical
opinion endorsing the blessing of same-sex "couples" as
“couples” in his work Fiducia Supplicans and since.
On February 12, Fernandez met with the superior general of
the SSPX, Fr. Davide Pagliarani. After the meeting, Fernandez invited
the SSPX for further
"dialogue." Fernandez mentioned that they discussed
"certain points" that the SSPX had brought up as far back
as 2017, such as the "question of the divine will regarding the
plurality of religions." He said "the aim of this dialogue
is to highlight, in the topics under discussion, the minimum
requirements for full communion with the Catholic Church..."
Pagliarani responded within a week, rejecting this invitation to
"dialogue" on several grounds. Among them are that
Fernandez allegedly told them no text of the Vatican II council can
be corrected nor the legitimacy of the liturgical reform challenged.
Another reason Pagliarani gave is the Vatican’s desire to now
"dialogue" instead of approving the consecrations and still
offering dialogue. Pagliarani stated: "We have been waiting for
seven years... only when episcopal consecrations are mentioned that
an offer to resume dialogue is made, which thus seems dilatory and
conditional." He also mentioned that Fernandez included publicly
made "threats" of schism as part of his communication
inviting dialogue. Pagliarani also noted that what is the "minimum
requirement" to be believed has already been established in
Tradition and isn't something their dialogue can re-evaluate.
Later, Fernandez addressed the SSPX on May 13, 2026 in a
2-paragraph message
saying the SSPX "do not have the requisite papal mandate"
to ordain bishops.
The communication still lacked engagement with the SSPX's concerns
about the Vatican Council or otherwise; nothing about their claim to
"state of necessity" to ordain bishops; and no engagement
with the SSPX's larger concerns about the state of the Church or
"modern errors." Fernandez's statement merely says no, and
does not provide any theological satisfaction as to why. A sound
confrontation with grievances issued by the SSPX in a manner
transparent to the entire Church could have gone a long way. If the
Vatican had good reason to deny the episcopal consecrations, it would
have been edifying for the entire Church to see that laid out.
For his part, Pope Leo has been mostly silent. During an informal
media Q&A, the Pope said, "[The SSPX] refuse to accept
some fundamental elements of the Church, beginning with several
points of the Second Vatican Council." Yet, he offered no
specifics on what these “fundamental” points of the Second
Vatican Council are.
On June 29, two days prior to the consecrations, the Pope
issued a short
letter to the SSPX. He neither engaged with any of the SSPX's
concerns. He merely asked them to not commit a "schismatic act"
and to "please turn back."
EXCOMMUNICATION IMMEDIATE AFTERMATH
July 1 came and went and the Vatican quickly issued a statement
that the SSPX members were excommunicated and considered schismatic.
https://wherepeteris.com/decree-of-excommunication-for-the-sspx/
Even after Fernandez declared the SSPX excommunicated, he issued a
statement meant for any priests and lay faithful with the SSPX.
Fernandez's statement included the command to "accept the Second
Vatican Council." Many have observed: what exactly does that
even mean?
There has been no public communication from the Vatican as to why
the SSPX request to ordain bishops was denied, nor what these
mysterious fundamentals of the Second Vatican Council are that
apparently contradict the SSPX's June statement of faith?
It's also worth noting that then-Cardinal Ratzinger, prior to his
election as Pope
Benedict XVI, said of Vatican II:
"The truth is that this
particular Council defined no dogma at all, and deliberately chose to
remain on a modest level, as a merely pastoral council; and yet
many treat it as though it had made itself into a sort of
“super-dogma” which takes away the importance of all the rest."
What are we to do with that fact? If Vatican II defined no dogma,
then what "fundamental" "points" does it uniquely
contain that are apparently so important as to be held lest one risk
excommunication?
The SSPX issued a lengthy Profession of Faith in June. If parts of
that Profession contradicted Church teaching - whether articulated
through Vatican II or otherwise - what were those objectionable
parts, according to Fernandez? He never addresses the question.
The faithful are left with three main options here:
One, is to speculate what "points" in the documents of
the Second Vatican Council rise to the level of dogmatic requirement
of belief? - points that evidentally escaped the notice of Cardinal
Ratzinger/Pope Benedict XVI who said the council issued no dogmas?
Second, is to adopt a cynical belief and presume Fernandez (and
the Pope by permission) seek to stifle the ministry of a traditional
society to protect the very modernist path the SSPX says is poisoning
the Church.
Third, is to acknowledge the complexities of the whole scandal and
let the matter play out without drawing any consequential
conclusions.
DAMAGE TO VATICAN'S MORAL AUTHORITY
This lack of theological engagement by the Pope and Vatican
officials is significant, particularly when the last two pontificates
have so frequently pushed the concept of "synodality" and
"dialogue" with everyone on the planet, but not the SSPX.
It’s hard to accuse the SSPX of avoiding dialogue when they waited
unsuccessfully for several years for papal engagement, issued lengthy
detailed theological positions, and were met almost entirely with
silence or vague denials.
So the situation the Church is now in, with relation to the SSPX,
is that this order and it's members merit decrees of excommunication
and schism, but not bishops who promote "LGBT" or who even
call to "bless" same-sex "couples" as does
Cardinal Fernandez – the very man who is supposed to uphold the
doctrines of the Church. We are told the SSPX merits excommunication
but not the bishops in China who the rest of the world understands as
appointed by the state government. Even this past week a bishop
with heretical views on sexuality was appointed bishop of a new
ordinary in Germany.
Crisis Magazine Editor Eric
Sammons - in an article condemning the SSPX for breaking unity
with the Pope - still recognized the Vatican's hypocrisy:
"Popes meet with every heretical
Christian leader on the planet, with promoters of immorality, and
with degenerate Hollywood celebrities, but not with the head of a
thriving, growing community within its ranks. All because the
community supposedly doesn’t “accept Vatican II” (a sin the
Vatican will not actually define). If only the Vatican had been so
bold over the years in disciplining Catholics who rejected Vatican
II’s condemnation of birth control (Gaudium et Spes 51) or the
Council’s defense of the necessity of the Church for salvation
(Lumen Gentium 14)."
In their untoward treatment of the SSPX, or even other
traditionalists in recent years, while cozying up to numerous persons
or groups promoting immorality and outright heresy (like the recent
female in the Anglican Church pantomiming as a "bishop"),
Vatican officials have been sterilizing their moral authority.
Henceforth, some form of "why didn’t you treat the SSPX this
generously?" will accompany Vatican officials' future
collaborations with anti-Catholic parties.

This decree of schism and excommunication is particularly vexing
coming from Fernandez because in October 2025, Fernandez
censored the title of "Co-redemptrix" for Our Lady
because, according to him, "When an expression requires many,
repeated explanations to prevent it from straying from a correct
meaning, it does not serve the faith of the People of God and becomes
unhelpful." Yet, here is Fernandez's decree of schism and
excommunication, accompanied by zero explanation, no engagement with
the SSPX's concerns, leaving the faithful unclear as to what parts of
Vatican II rise to the level of dogma in contradistinction with the
SSPX's statement of faith, etc. Under this vague nebula, Fernandez
declared a religious order schismatic and excommunicated.
Remember, the only hint Fernandez provided as to why the SSPX is
excommunicated and schismatic is that they don’t “accept”
unspecified points of Vatican II. Yet, there are plenty of
statements from the documents of the Second Vatican Council that many
priests disobey, including the Vatican itself at times.
For example, Vatican II confirmed that salvation only exists
through the Catholic Church, yet in September 2024, Pope
Francis famously said, “Every religion is a way to arrive at
God.”
Sacrosanctum
Consilium #36 states: "the use of the Latin language is to
be preserved in the Latin rites." Yet the Vatican hasn't
remotely enforced this directive.
Nowhere does Vatican II call for ad
populum posture when the priest says mass facing the
congregation, instead of ad orientum as he had for centuries.
One criticism of the SSPX that some traditionalists are making is
the timing of the SSPX's consecrations. For example, Dr.
Taylor Marshal expressed reservations "about the prudence of
doing this this early in the pontificate of Pope Leo." Other
traditionalists hedged there criticism as well. In his Crisis
Magazine article, Eric Sammons said the SSPX should not have done the
consecrations because it set them against the Pope, the source of
unity in the Church, however, he said, "I think the pope should
have approved the episcopal consecrations in an act of mercy and
reconciliation."
What many of the faithful would like to have seen is the Pope or
his Vatican representative present a thorough engagement with the
SSPX's concerns, to handle the matter with full transparency, in a
manner easy to understand.
IS THE DECREE OF EXCOMMUNICATION AND SCHISM
AGAINST THE SSPX VALID?
There are at least 3 perspectives on this question.
The first argument is YES - that the decree of
excommunication and schism against the SSPX is valid because it
belongs to the office of the Papacy or his representative to wield
this jurisdiction. The Vatican holds this position and have declared
the SSPX excommunicated automatically for ordaining bishops without
papal permission and thus schismatic for disuniting with the Pope on
this matter.
This argument is also predicated on the Papacy as the source of
unity throughout the centuries. What complicates this position is
that the SSPX openly recognizes Pope Leo XIV. The question is whether
their disobedience constitutes disunity with the Pope in the sense it
has meant throughout the centuries.
The second argument is NO - that the decrees of
excommunication and schism against the SSPX are void because the SSPX
is said to be innocent of the crimes which they are accused of
doing. Prior to the declared excommunication/schism, Monsignor
Jaime Mercant Simo, professor and doctor in Thomistic Studes,
address the questions this way:
But the "latae sententiae"
excommunication will occur, that is, automatic and immediate, right?
— From a canonical perspective, yes, but, in my humble opinion,
such excommunication will be null; I believe there are sufficient
theological and legal-philosophical reasons to conclude this,
although I know that a large part of canonists will deny it to me
from a purely legalistic viewpoint. However, I think that, in
addition to the "state of necessity" being present as the
fundamental motive, the "formal reason" for which such a
penalty should effectively occur fails, given that there is no
objective intention of formal schism nor will a parallel jurisdiction
be created, I repeat.
Why isn't it formally [schism]?
— Because, for a "perfect schism" to occur, there must be
a clear intention to perform a schismatic act and to establish, with
the new bishops, a hierarchical jurisdiction parallel to the one
existing in the Roman Catholic Church. Now, in this case, neither one
nor the other will happen.
After Cardinal Fernandez issued his excommunication and schism
decree, a number of canon experts opined that the penalty lacks
force. Those holding this view include InfoVaticana
and Canon
of Shaftesbury - a judicial vicar in a major archdiocese.
The Canon of Shaftesbury amplifies what appears to be a relevant
canon in the penal process. Canon 1720 states that in a penal
process, the ordinary must "inform the accused of the accusation
and the proofs, giving an opportunity for self-defense..." It
seems neither of these requirements were met.
Fernandez, as we have mentioned several times above, has issued no
detailed rebuttal nor "proof" of what beliefs the SSPX hold
that are objectionable. The generic idea that they must "accept
the Second Vatican Council" is not-specific enough to be
understood and cannot qualify as a "proof" of impropriety.
It follows that the SSPX was not afforded an opportunity for
self-defense either.
Others, like EWTN canon
lawyer Fr. Gerald Murray, have observed that Pope Francis had
endorsed the SSPX's faculties to hear confessions and preside over
marriages. Cardinal Fernandez's decree claims to have revoked those
privileges. However, those faculties require papal reversal given
that they were issued by a prior Pope.
Related to this second argument is one posited by Bishop Athanasius Schneider, who observes that the Church even unto ancient times did not consider an episcopal consecration made without papal approval a schismatic act. Rather it was disobedience given a suspension.
The third argument is NO - that the decrees of
excommunication and schism against the SSPX are void because the one
issuing the decree - namely Cardinal Fernandez - is himself a heretic
and thus his faculties to issue such a degree were forfeited.
This argument would point to something like Fernandez's apparent
denial of an objective truth like the objective immorality of
same-sex behavior, which he denies in his encouragement to offer a
blessing over that objective immorality. Or it could be another of
his positions that are considered heretical.
This third argument also appeals to St.
Thomas Aquinas in the Summa 2.2.39, who stated:
"On the other hand, the power
of jurisdiction is that which is conferred by a mere human
appointment. Such a power as this does not adhere to the recipient
immovably: so that it does not remain in heretics and schismatics;
and consequently they neither absolve nor excommunicate, nor grant
indulgence, nor do anything of the kind, and if they do, it is
invalid."
This third argument would have difficulty if Pope Leo formalizes
the excommunications while no sound case of heresy was established of
him. In any case, it is implausible that the Pope would declare
Fernandez heretical at this point, and he would be the most fitting
one to do it. If this third argument were true, it would foremost
beheld in the eyes of God.
AN AVOIDABLE SCANDAL
This entire scandal could have been avoided on several fronts.
Obviously, the modernist tendencies of the Church have been
poisonous for several decades, from liturgical abuses to "cancelled"
priests to affronts to dogmatic sexual teaching to contradicting
Sacred Tradition. These matters are serious and are the impetus for
the SSPX's actions.
Of course, the SSPX, for their part, could have submitted to the
Pope's request to not consecrate the bishops, or they could have
given the Pope more time, etc. Certainly, the Vatican's failure to
give the SSPX a reasonable engagement with problems in the Church
today also contributed to any impatience of which the SSPX may be
guilty.
The Pope also could have simply approved the SSPX's request for
consecrating the bishops. Why was this denied? Because the SSPX had
grievances about the trajectory of the Church that were so untenable
to Fernandez as to remain unspecified? But that would not explain
why Fernandez wouldn't have declared the SSPX schismatic and
excommunicated prior to the consecrations. If the Pope (and
Fernandez) truly desired the dialogue they claimed to desire, this
could have been done just as easily if the SSPX had 4 more or less
bishops.
At worst, the Vatican through Fernandez have committed an
injustice against the SSPX and the Church throughout centuries of
Tradition. At best, the Vatican rightfully sanctioned the SSPX, but
their hypocritical in how they treat other clearly heretical clergy
is amplified.
Ultimately, the faithful are left with yet another scandal.