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Viaticum November 3, 2003 Q: In the current situation of the severely handicapped woman, Terri Schiavo, in Florida, her husband would not allow a priest to give her Viaticum (a single grain of consecrated host) on her tongue. This was after the husband had her stomach feeding tube ordered removed and she was in the stages of dying. The husband's attorney referred to the court order that did not allow anything to be placed in her mouth without the husband's permission. The priest was advised that he would be arrested if he attempted to minister the Viaticum. Could the court actually forbid this normal religious rite from being performed upon Mrs. Schiavo? A: No. First, I am no attorney but I think we all have a basic understanding of our constitutional rights as stated in the Bill of Rights of the US Constitution. The U.S. Constitution First Amendment text: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." We have the constitutional right and protection to freely practice our religion. This right applies to both Mrs. Schiavo receiving Viaticum and the right (and duty) of the priest to deliver the Viaticum sacrament to her. The government (in this case represented by an order of a Florida Probate Judge) cannot infringe upon this first amendment right unless there is some greater government interest at stake. The people (through the government of the State of Florida) certainly have no compelling interest or necessity in interfering with Mrs. Schiavo receiving Viaticum from her priest. "Viaticum • The administration of the Holy Eucharist to those about to die."1 "The Christian faithful who are in danger of death, arising from any cause (my emphasis), are to be nourished by Holy Communion in the form of Viaticum."2 "The following functions are especially entrusted to the pastor: #3 - the administration of Viaticum and the anointing of the sick."3 "The pastor and parochial vicars, chaplains and, for all who live in the house, the superior of the community in clerical religious institutes or societies of apostolic life have the right and the duty to bring the Most Holy Eucharist to the sick in the form of Viaticum. In case of necessity or with at least the presumed permission of the pastor, chaplain, or superior, who should later be notified, any priest or other minister of Holy Communion must do this."4 This mandate of Holy Church requires that Mrs. Schiavo receive Viaticum as she was dying. "In addition to the Anointing of the Sick, the Church offers those who are about to leave this life the Eucharist as viaticum. Communion in the body and blood of Christ, received at this moment of 'passing over' to the Father, has a particular significance and importance. The sacrament of Christ once dead and now risen, the Eucharist is here the sacrament of passing over from death to life, from this world to the Father."5 "As the sacrament of Christ's Passover the Eucharist should always be the last sacrament of the earthly journey, the 'viaticum' for 'passing over' to eternal life."6 The above stated quotes from various church teaching documents make it clear that a dying Catholic is required to receive viaticum from her priest or even from a lay minister. This sacrament is a normal religious rite afforded to the dying from Holy Church. The government cannot infringe upon this rite and right nor can the spouse infringe upon it unless Mrs. Schiavo had clearly stated she did not want this sacrament at some point in the past. This has never been claimed by Mr. Schiavo or anyone else. 1 Our Sunday Visitor's Catholic Encyclopedia, (1998), Rev. Fr. Peter M.J. Stravinska, Ph.D, S.T.D., - Editor, Our Sunday Visitor, Inc., Huntington, IN, P. 990 2 Code of Canon Law, (1983) Canon Law Society of America, Washington, DC, Canon 921.1, P. 343 3 Code of Canon Law, (1983) Canon Law Society of America, Washington, DC, Canon 530.3, P. 203 4 Code of Canon Law, (1983) Canon Law Society of America, Washington, DC, Canon 911.1, .2, P. 341 5 Catechism of the Catholic Church, (1994), Apostolate for Family Consecration, Bloomingdale, OH, Paragraph 1524, P. 381 6 Catechism of the Catholic Church, (1994), Apostolate for Family Consecration, Bloomingdale, OH, Paragraph 1517, P. 379 Back to the top