ANSWER by Mr. Jacob L. Slavek on May 24, 2004

Dear Catherine, Not to my knowledge. I have never ever heard that bishops may make this change, everytime I read about laypersons giving homilies it is always NO NO NO. It is an abuse, but since the bishop seems to think he can allow it I'm afraid there isn't much you can do other than voice your opinion. Thanks, Mr. Slavek [QA Manager's Note] I looked this up. There are times that laity can "preach" in Church, but the Homily is reserved to the Clergy. This form of preaching, according to Canon Law 767, is reserved. On lay preaching the 1997 Instruction by the Congreation on the Clergy stated, "In some areas, circumstances can arise in which a shortage of sacred ministers and permanent, objectively verifiable situations of need or advantage exist that would recommend the admission of the nonordained faithful to preaching." This language comes from Canon 766 on Lay Preaching, but the Canon excludes the one type of preaching called the Homily in Mass. There are rare exceptions for the homily, such as when the priest is infirmed and unable to give the homily. The lay person, however, READS the homily that has been prepared by the priest. Other instances might include several shortages of clergy, but in any event, this is an extraordinary practice, not a norm, and accomplished only in necessity and with permission. The ON CERTAIN QUESTIONS REGARDING THE COLLABORATION OF THE NON-ORDAINED FAITHFUL IN THE SACRED MINISTRY OF PRIEST explains: § 3. To ensure the effectiveness of the collaboration mentioned in § 2 above, it is necessary to note some conditions relating to the operation of this same collaboration. Canon 766 of the Codex Iuris Canonici establishes the conditions under which competent authority may admit the non-ordained faithful to preach in ecclesia vel oratorio. The use of the expression admitti possunt makes clear that in no instance is this a right such as that which is specific and proper to the Bishop or a faculty such as enjoyed by priests and deacons. The terms in which these conditions are expressed — "If in certain circumstances it is necessary..., ...if in particular cases it would be useful..." in canon 766, make clear the exceptional nature of such cases as well as the fact that such must always be done iuxta Episcoporum conferentiae praescripta. In this final clause, this Canon establishes the primary source for correct discernment with regard to necessity or useful in specific cases. The prescriptions of the Conference of Bishops in this matter, which must receive the "recognitio" of the Apostolic See, are obliged to lay down those opportune criteria which may assist the diocesan Bishop in making appropriate pastoral decisions, proper to the nature of the same episcopal office. § 4. In some areas, circumstances can arise in which a shortage of sacred ministers and permanent, objectively verifiable, situations of need or advantage exist that would recommend the admission of the non-ordained faithful to preaching. Preaching in churches or oratories by the non-ordained faithful can be permitted only as a supply for sacred ministers or for those particular reasons foreseen by the universal law of the Church or by Conferences of Bishops. It cannot, however, be regarded as an ordinary occurrence nor as an authentic promotion of the laity. § 5. Above all in the preparation for the sacraments, catechists take care to instruct those being catechized on the role and figure of the priest as the sole dispenser of the mysteries for which they are preparing. A special note should be made about common practice (excuse) of liberals to allow laity to preach a homily as long as it is not called a homily is disingenuous. This is called "semantic legerdemain" and is an dishonorable attempt to surcomvent the law. The question then becomes whether the Bishop can dispense from this disciplinary rule to allow laity to preach a homily? The Council on Interpretation of Legal Texts co-signed with the Congregation on the Clergy on August 15, 1997, states that "the diocesan bishop cannot dispense from the canonical norm since this is not merely a disciplinary law but one which touches upon the closely connected functions of teaching and sanctifying." I hope this helps a little.