Changing Church Fasting Laws: A Dynamic Approach?

Fasting and abstinence are penitential practices observed by various Christian denominations, including the Catholic Church, the Eastern Orthodox Church, the Coptic Orthodox Church, the Church of Jesus Christ of Latter-day Saints (Mormons), and Reformed Christians. While the specific regulations and interpretations may vary, the underlying purpose of fasting remains consistent: to express love and devotion to God, to repent and seek forgiveness for sins, and to draw closer to God spiritually. Over time, the specific laws and requirements for fasting within these churches have evolved, reflecting a balance between tradition and adaptation to modern contexts.

The Catholic Church's authority to change canon law

The canon law of the Catholic Church, or "ius canonicum" in Latin, refers to the system of laws and ecclesiastical legal principles that govern the external organization and activities of the Church and its members. It is the oldest continuously functioning legal system in the West. The Church's canon law has all the elements of a mature legal system, including laws, courts, lawyers, and judges. The actual subject matter of the canons is not just doctrinal or moral but encompasses all aspects of the human condition.

The Code of Canon Law, currently consisting of 1,752 canons, is subject to change over time as the Church sees fit. For example, the requirement for women to wear a veil at Mass was removed from the newer code. However, it is important to distinguish between essential doctrines and laws that are unchangeable and those that are accidental or disciplinary and can be adapted according to circumstances. The Church has no authority to alter the natural moral laws established by God, such as the Ten Commandments.

The Church's canon law is primarily derived from the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and Pastor Bonus. Other sources include apostolic constitutions, particular law, and custom, with the approbation of the competent legislator. The supreme legislator, or supreme pontiff (the Pope), possesses total legislative, executive, and judicial power. The College of Bishops can also promulgate universal laws in communion with the Pope.

The Church's ability to change fast laws

The Catholic Church's ability to change fast laws is a complex issue that has been a source of debate and contemplation among its followers. While Catholics are taught that the essential laws for salvation have remained unchanged since Christ, they also acknowledge that the Church has introduced changes to certain practices and laws over time. This dynamic nature of Church laws has been a cause for concern among some Catholics, who view it as a contradiction to the unity and consistency they associate with their religion.

The Church's authority to modify fast laws stems from its interpretation of Christ's command to "do penance." The Church holds the discretion to determine the form of penance for its followers and can adjust these decisions as circumstances evolve. This flexibility has led to changes in the laws concerning fasting and abstinence, including those related to Holy Communion.

The Catholic Church categorizes its laws into three types: those that are immutable, those that are unlikely to change, and those that can be adapted to the circumstances of a particular period. This third category includes laws and regulations that the Church can modify as needed, such as those governing fast and abstinence practices.

However, it is important to distinguish between the Church's ability to change fast laws and the government's role in regulating churches and religious organizations. While churches possess autonomy in managing their internal affairs, they are not entirely exempt from government laws and regulations. For instance, churches generally comply with laws prohibiting fraud in the sale of securities and acknowledge the importance of adhering to regulations that safeguard the public's life, health, and safety. Nonetheless, questions arise regarding the extent of government intervention in church affairs, particularly concerning issues like anti-discrimination requirements and the solicitation of funds.

To maintain compliance, churches may periodically review and update their bylaws to align with changing operational practices. This proactive approach helps prevent conflicts between a church's current practices and its established bylaws, which courts have occasionally overturned due to inconsistencies. By keeping their bylaws current and adaptable, churches can ensure they remain compliant while also effectively serving their congregations.

Government regulation of church activities

The relationship between church and state is a complex one, with the increasing amount of legislation imposed by federal, state, and local governments, questions have arisen regarding the application of these laws to religious organizations. Churches are protected by the First Amendment guarantee of religious freedom, and similar provisions are outlined in state constitutions. However, the willingness of religious organizations to comply with some regulations is not usually disputed. For instance, few would argue against the application of laws prohibiting fraud in the sale of securities.

The government also protects copyright owners against infringement, which is relevant to churches. Most churches agree that religion should not be used as a means to avoid laws and regulations designed to protect the public, or impose fair and reasonable obligations on church activities that are not intrinsically religious. However, the line between church and state is a fine one, and the question of government authority over church affairs is a delicate issue. For example, should the government have the power to regulate a church's solicitation of funds, or apply anti-discrimination requirements?

In the United States, the Internal Revenue Service (IRS) enforces a ban on political campaign activity by charities and churches, reminding these organizations of this restriction during each election cycle. This ban was created by Congress more than 50 years ago and has been strengthened over time. The IRS division responsible for overseeing churches and charities is the Tax Exempt and Government Entities Division (TEGE).

Courts uphold laws affecting churches if they are neutral and of general applicability, avoid excessive government entanglement with religion, are the least restrictive means of accomplishing the intended result, and require no judicial determination of the validity of religious belief. For example, courts have upheld regulations on church securities offerings, employment practices, construction projects, fundraising schemes, childcare and nursing care facilities, and private schools.

Churches may also adopt bylaws that change over time as their practices evolve. To avoid the cumbersome process of formal amendment procedures, churches can use the legal concept of "incorporation by reference," where a document is brought into another by simply referring to it. This allows churches to keep their bylaws focused on essential governance matters while ensuring other important details can be updated as needed.

Changes to church bylaws

Church bylaws are a legal framework that details a church's mission, vision, governance, and operational activities. They are an internal contract between the congregation and its members, outlining the rules for how the church operates. Bylaws are essential for effective governance, providing stability and structure, and helping the church accomplish its mission.

As a church's practices evolve over time, it is important to keep the bylaws up-to-date to avoid conflicts with current practices. Changes to church bylaws should be deliberate and implemented according to the process described in the bylaws. Most bylaws require a provision for amendment, allowing them to adapt to the church's changing needs. Amendments typically require a congregational meeting and a vote, with a certain majority needed to approve the changes.

To simplify the amendment process, churches can utilize the concept of "incorporated by reference." This involves creating separate documents, such as a membership handbook or a policies and procedures manual, that are incorporated into the bylaws by reference. Changes to specific areas, such as membership requirements or church policies, can then be made in these external documents without amending the bylaws directly.

When making changes to church bylaws, it is important to seek legal advice to ensure compliance with state and federal laws. Thoughtful and appropriately tailored bylaws that are visibly connected to the church's mission and values help prevent internal disputes and legal challenges. It is also crucial to involve the congregation in the process, seeking their input and advice to craft bylaws that specifically serve the needs of the church.

The Church's interpretation of natural moral laws

The Catholic Church's interpretation of natural moral law is that it is the basis for legitimate human or positive law. The Church teaches that human beings are capable of knowing the natural moral law by unaided reason. This is because the Church believes in the power of our rational faculties. The natural moral law is written and engraved in the soul of each and every man, because it is human reason ordaining him to do good and forbidding him to sin. It is the voice and interpreter of a higher reason to which our spirit and freedom must be submitted.

The natural law is called "natural" because the reason that decrees it properly belongs to human beings. It is not in reference to the nature of irrational beings. The natural law provides revealed law and grace with a foundation prepared by God and in accordance with the work of the Spirit. It is the original moral sense that enables man to discern by reason the good and the evil, the truth and the lie. It is the first and essential precept that governs moral life.

The natural law is based on the belief that human beings have a desire for God and submission to Him, as the source and judge of all that is good. It also hinges on the sense that another person is one's equal. The natural law states that it is morally wrong always and everywhere to intentionally kill an innocent person. It is also the reason why governments issue statutes that prohibit murder, theft, assault, and child abandonment.

The Catholic Church has no authority over the natural law other than to manifest how clearly they stand out in human nature and reiterate them. The Church has never changed its stance on any matter pertaining to the natural law. However, the Church has the authority to change, and has changed, laws concerning fast and abstinence, and those pertaining to the kind of fast that is necessary before the reception of Holy Communion.

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