Cardinal Gerhard Müller appears to have contradicted an explanatory note issued by Cardinal Víctor Manuel Fernández on the canonical status of the sacraments administered by the Priestly Society of Saint Pius X. 

In an interview with K-TV on 6 July, Cardinal Müller was asked whether confessions heard by priests of the Society of Saint Pius X were valid or invalid. His response differed from the position set out in Cardinal Fernández’s explanatory note, published on 2 July.

“The confessions are valid, but illicit,” Cardinal Müller said. “The power to forgive or retain sins is conferred through the sacrament of Holy Orders. Its exercise can only be restricted by the bishop or the Pope, as provided by canon law.”

His remarks stand in contrast to the explanatory note issued by Cardinal Fernández, which stated in its third point: “Finally, the holy People of God are hereby warned that the sacred ministers of the Priestly Fraternity of St. Pius X administer the sacraments unlawfully and that the sacrament of penance administered by them and the marriages they officiate are invalid.”

The suggestion that faculties for the sacrament of confession and the witnessing of marriages could be removed by means of an explanatory note has led some canonists to question the legal nature of the document. Fr Gerald Murray, a canon lawyer and consultant for EWTN, speaking on Raymond Arroyo’s show, argued that the faculties granted by Pope Francis for hearing confessions and witnessing marriages in SSPX chapels had not been validly withdrawn. As a result, he maintained that those sacraments continue to be administered validly.

According to Fr Murray, the Church’s legal order requires precision when imposing canonical penalties. Fr Murray argued that penal laws, especially those concerning the grave offence of schism and the penalty of excommunication, must clearly identify both the offence committed and the doctrine allegedly denied. Without such clarity, he suggested, a canonical penalty cannot be presumed. At the same time, Fr Murray maintained that the Society’s bishops remain under excommunication.

Aside from the question of confession, Cardinal Müller’s interview also addressed the relationship between the SSPX and the Catholic Church, and questions on the liturgy, ecclesial unity and the legacy of Pope Benedict XVI’s efforts at reconciliation.

Cardinal Müller acknowledged that the implementation of the post-conciliar liturgical reforms had often been marred by serious shortcomings. “The implementation of the liturgical reform was marked by many abuses because many failed to grasp the spirit of the renewed liturgy and neglected its essential elements: the worship of God, the communication of salvation, and reverence before God,” the former Prefect of the Dicastery for the Doctrine of the Faith said.

The German cardinal also rejected the suggestion that the Traditional Latin Mass had been abolished, reaffirming Summorum Pontificum and rejecting the viewpoint held by Cardinal Roche: “The so-called old rite is not forbidden. Rather, it is permitted to a certain extent and under certain conditions, and it is, of course, valid.”

The cardinal also pointed to Pope Benedict XVI’s decision to allow broader use of the older liturgy, describing it as a prudent attempt to overcome longstanding divisions. “Pope Benedict XVI made the wise decision that the same Latin liturgy could be celebrated in both its ordinary and extraordinary forms,” Cardinal Müller said, adding that “the faithful always have the opportunity to attend the Holy Mass celebrated according to the older form.”

Cardinal Müller also recognised that some Catholics are drawn towards the Society because they believe it safeguards Catholic doctrine and traditional liturgical practice. “Many people may have sympathies for the Priestly Fraternity of Saint Pius X because they believe that the Catholic faith and the liturgy are being preserved there against many of the abuses found in modernist circles. But that is not a justification,” he said.

While acknowledging those concerns, Müller insisted that ecclesial communion ultimately depends upon union with the Roman Pontiff rather than agreement over liturgical preferences. “There may be some errors in the Church, but there is no Catholic unity apart from the Pope,” he said.

He likewise defended the legitimacy of Pope Leo XIV, warning against questioning the authority of the reigning pontiff. “One cannot remedy an abuse by using false means. That Pope Leo exists and is the true, legitimate Pope is something no one can really call into question without calling his own Catholic faith into question.”

His comments also revisited Pope Benedict XVI’s efforts to restore full communion with the Society after decades of strained relations. His Eminence said: “Benedict XVI was very generous and hoped that this would remove the deadlock and lead to full reconciliation.”

Cardinal Müller added, while emphasising that the enduring guarantees of the Church’s unity belong not to any individual priestly fraternity but to the bishops in communion with the Pope: “Christ did not promise the FSSPX the Church’s indestructibility, and infallibility. These belong to the College of Bishops with the Pope at its head.”