Those arguing for or against the excommunication of Governor Cuomo seem largely to be missing the point. A bishop’s duty is to safeguard the souls of his flock; he must always judge any proposed ecclesiastic discipline by this question: Will the penalty make the punished more likely to make it to heaven, or less? Wider political considerations, the ‘message’ an action ‘will send’ to others, are scarcely relevant, therefore, to the grave question of whether a bishop should excommunicate someone.
Now, it is entirely clear that Cardinal Dolan is a good man who is entirely orthodox. Therefore, he surely thinks that a) abortion and the abetting thereof are gravely sinful b) hell exists c) those persisting in grave sin are at risk of going there.
Therefore, I would humbly suggest that his Eminence’s decision as to how to proceed in the Cuomo case should be determined by just two questions. First, might penalties lesser than excommunication make Cuomo desist in his error? and, if not, might excommunication? Given the governor’s hitherto blatant contempt for the Magisterium, it seems likely that he will continue to hold it in contempt unless given the one punishment—excommunication—that gives one cause seriously to doubt the safety of one’s soul. Moreover, only excommunication would show him that the Church really means what it says about abortion; other options would be unconvincing precisely because so many American prelates have been so slow to rebuke Catholic politicians’ public declarations of heterodox views the matter. Now, it is probably true, as many say, that even excommunication is unlikely to correct Cuomo; my point is just that it surely has a greater chance of correcting him than any other.
Second: is excommunication a canonically legitimate sanction in this case? His Eminence seems to think not; canon lawyers, he says, claim it isn’t, since it is only the having or procuring of an abortion that is canonically an excommunication offence. Now, the Cardinal has grave responsibilities, and it is not for me to criticise his decisions, which he doubtless makes on the basis of careful and prayerful thought. But, if I may offer my own feeling, I do think that the Archbishop seems here to manifest the very worst, and by no means ubiquitous, facet of the (largely admirable) American national character: that of deferring slavishly to those with qualifications in the subject at hand—who themselves can’t see the wood for the trees—to the extent of forfeiting all common sense and independent thought. Cuomo hasn’t had an abortion, but he is clearly promoting serious heresy, for which excommunication is an entirely valid sanction.
The case for excommunication then, seems clear. Not to mention the life of St Ambrose, I would urge Cardinal Dolan to recall a letter recounted in Newman’s Apologia pro Vita Sua. As an Anglican, Newman had once complained to a Catholic friend that the Catholic Church had undermined Anglican-Catholic conferences by converting Anglican delegates thereto. But as he later seemed to realise, this only showed that the Church placed the salvation of each soul above all political considerations.
Therefore, I would say to the archbishop: forget such considerations. Forget how it will look. Live up to that grave name ‘Bishop’. One of your sheep has stayed. Act to save him.