 in favor of his or her being deferential to or acquiescent in the wishes or directives of the party being defied. And so in accordance with our ordinary linguistic practice, Fr. Jenkins is right to hold that non-Catholics cannot be "defiant" in relation to the authority of the American Catholic bishops as such, whether the teaching authority or some other authority. But notice the rather strange implication that would follow from this: the implication is that the bishops' statement has nothing whatsoever to say about the prospect of a Catholic institution's giving of awards, honors, or platforms to non-Catholics. And if the statement has nothing whatsoever to say about the prospect of a Catholic institution's giving of awards, honors, or platforms to non-Catholics, then-a fortiori-it has nothing whatsoever to say about the prospect of a Catholic institution's giving of awards, honors, or platforms to, say, the President of the Society for the Annihilation of the Catholic Church. But with their statement, did the bishops really intend to refrain from saying anything whatsoever about such a prospect? It seems unlikely that the bishops intended to refrain from saying anything whatsoever about the prospect of a Catholic institution's giving of awards, honors, or platforms to nonCatholics. And yet the bishops' use of the word "defiance" suggests that they were talking only about the giving of awards, honors, or platforms to Catholics. How should this puzzle be resolved? Bishop John D'Arcy, whose diocese of Fort WayneSouth Bend includes the University of Notre Dame, has argued that any doubts surrounding the rightful interpretation of statements from the United States Conference of Catholic Bishops are to be resolved by the local bishop in whose diocese 8 See Margaret Fosmoe, Is ND Catholic Enough? Obama Visit Prompts Examination of Identity, SOUTH BEND TRIB., May 10, 2009, at Al, available at http://www.freerepublic.com/focus/f-news/2248105/posts. 9 Id. 2010] 257 JOURNAL OF CATHOLIC LEGAL STUDIES [Vol. 49:253 the interpretation is to be made and applied.o Bishop D'Arcy justifies his argument by reference to-among other things-the Code of Canon Law, which provides that: (1) "[a] diocesan bishop in the diocese entrusted to him has all ordinary, proper, and immediate power which is required for the exercise of his pastoral
in favor of his or her being deferential to or acquiescent in the wishes or directives of the party being defy. And therefore in accordance with our ordinary linguistic practice, Fr. Jenkins is correct to hold that non - Catholics cannot be " defiant " in relation to the agency of the American Catholic bishop as such, whether the teaching authority or some other authority. But comment the rather strange significance that would succeed from this: the implication is that the bishops' statement has nothing whatsoever to say about the expectation of a Catholic institution's giving of awards, honors, or platform to non - Catholics. And if the statement has nothing whatsoever to say about the prospect of a Catholic initiation's giving of awards, honors, or platforms to non - Catholics, then - a fortiori - it has nothing whatsoever to say about the view of a Catholic institution's giving of awards, honors, or platforms to, say, the President of the Society for the Annihilation of the Catholic Church. But with their statement, did the bishops really intend to refrain from saying anything whatsoever about such a prospect? It seems unlikely that the bishops intended to refrain from saying anything whatsoever about the prospect of a Catholic initiation's giving of awards, honors, or platform to nonCatholics. And however the bishops' use of the discussion " defiance " propose that they were talking only about the giving of prize, honors, or platforms to Catholics. How should this puzzle be resolved? Bishop John D'Arcy, whose diocese of Fort WayneSouth Bend includes the University of Notre Dame, has argued that any doubts surrounding the rightful interpretation of statements from the United States Conference of Catholic Bishops are to be resolved by the local bishop in whose diocese 8 go steady Margaret Fosmoe, Is ND Catholic Enough? Obama Visit Prompts Examination of Identity, SOUTH BEND TRIB. , May 10, 2009, at Al, available at http://www.freerepublic.com/focus/f-news/2248105/posts. 9 Id. 2010 ] 257 JOURNAL OF CATHOLIC LEGAL STUDIES [ Vol. 49:253 the rendition is to be make and applied.o Bishop D'Arcy justifies his argument by reference to - among other things - the Code of Canon Law, which provides that: (1) " [ a ] diocesan bishop in the diocese entrusted to him has all average, proper, and immediate office which is required for the exercise of his pastorale
 in favor of his or her beikg deferential to or acxuiescsnt in tfe wishes or directives of tie pqrty veing defied. And so in accordanbe with oyr ocdinary linguistmd practlee, Fr. Menkius is right to hpld that nmn-Catholics catnut be "defiant" in relation to the authjrity og hhe American Cwthokyc bjshops as such, whether the teachinf authogity or some othet authority. But notice the ratjer strange implicwtion that qoulq follow from this: the pkplication is that the bishops' statement fas npthing whajskeggr to say abiut tre prospect of a Catvolic imstitution's giying mf qwards, honors, or plathorms to non-Catholicf. And if dhz statement has nothibg whatvoevar tu sah agont fhe prlspxct of a Cafholic instutution's giving of swwgcs, honors, or platfjris to non-Catholics, then-a fortiori-it has nofhing whatsoever to say about the prospect ov a Cathojic institution's giving of awards, honors, or platfmrms vo, sav, the Oeedident of the Society for the Annihilation of fht Cstholic Church. But with tnelr ftatement, did the bnahkps really intend ho refrwin feom sayind anuthing whatsoever about sucy a prospect? Ut seems unlikely chat the biskops imtendrd to refrain from sayiug anyfhing whatslever abohg the prospect ow a Cdtholic institution's givind of awarvs, houors, or olatgorms eo nonCathllics. And yet the bishopd' use ox the word "defiance" suggests that they wecx talking onli atoun the givnng of awards, honorf, or platforms to Catkolics. How shouls this 'uzzle be refolved? Bishop Uohn D'Arcy, wiose diocqse if Firt WayvdSouth Bend invludes thv Bniversitt of Notre Dame, hax atghed that any dobytw surrounding tne figrtvuk ytterpretatiot of stxyemengs from the Jnitrd States Conference of Datholic Bishops ate to be rgsolved br the local boshop in whose diofese 8 Sex Margsrej Fosmoe, Is ND Catholic Enough? Kbama Vislt Irompts Examigatiin of Identicy, SOUTH BEND TRIB., May 10, 2009, at Al, available at http://www.freerekublic.com/focus/f-news/2248105/poxus. 9 Id. 2010] 257 JOURIAL OF CATHOLIC LEGAL STUDIES [Vol. 49:253 rhe interpretatiok is to be made and apllied.o Bishlp D'Arcy justifies his argument by reference to-among other things-the Code of Caiog Law, which profides tkat: (1) "[a] dijcesen bishop in the dpocese entrusted to him has all urdinary, pxoper, and immediate power whivh is required wor the exercise of his lastoral
in favor of his or her being or in the or directives of so accordance with our linguistic practice, Fr. is right to hold that non-Catholics be "defiant" in relation to the authority of the American Catholic bishops as whether the teaching authority or some other authority. But notice the rather strange that follow this: implication is that the bishops' statement has nothing whatsoever to say about the prospect of a institution's giving of awards, honors, or platforms to And if the statement nothing whatsoever to say about prospect a Catholic giving awards, or platforms to then-a fortiori-it has nothing whatsoever to say about the prospect of a Catholic institution's giving of awards, or platforms the President the for Annihilation of the But with their statement, did the to refrain from saying anything whatsoever about such prospect? It unlikely that the bishops intended to from saying anything whatsoever about the prospect of Catholic institution's giving of awards, honors, or platforms to nonCatholics. And yet the bishops' use word "defiance" suggests that were talking only the of honors, platforms to How should this puzzle be resolved? Bishop John D'Arcy, whose diocese Fort WayneSouth Bend includes the University of Notre Dame, has any surrounding the rightful of statements from the States of Catholic Bishops are resolved the whose 8 Margaret Fosmoe, Is ND Enough? Obama Visit Prompts Examination Identity, SOUTH BEND TRIB., available at http://www.freerepublic.com/focus/f-news/2248105/posts. 9 Id. 2010] 257 JOURNAL CATHOLIC LEGAL STUDIES [Vol. 49:253 the interpretation to be made and applied.o Bishop D'Arcy justifies his argument by reference other things-the Canon Law, which provides that: (1) "[a] diocesan in the diocese entrusted him has all ordinary, proper, and immediate power which required the exercise his pastoral
 in favor of his or her being defErential to Or acqUieSceNt In thE wisHes or directiveS Of thE party being defied. And so In accOrDAnce WItH our oRdinary LInGUIstIc PrActIcE, fr. jenkiNs iS right tO hold that nOn-CAtHolics cannot BE "dEfiant" in reLatIon to the authOriTy of thE AMerICan CaThoLic biShops aS Such, whEther the tEaCHing auTHority oR SOmE othEr authority. But notICe THe rather strangE impliCaTIoN THat WouLd follow frOm This: tHE implicATiON IS thAT the bishops' stAtement has nOThiNg whatSoEveR To say aBout tHe PRosPect of a CathOlic InstitutiOn's givINg of awaRDs, honorS, or plaTfoRms To noN-caThOliCs. aNd iF ThE stATemEnt has noThInG whatSoevER TO Say aBouT the ProspEct of a CatholiC inStitUTioN's givIng of AwarDs, HonorS, or plaTformS tO non-Catholics, thEn-a fOrtiori-it Has NoThiNg WhatsOEver to Say AboUt the prOspect oF A CaThOLIC iNstitution's giving oF aWARdS, honors, oR platfORmS tO, Say, the PrEsIdeNt of THE SociEty fOR tHe AnnihiLation OF tHe catholiC CHurch. BUt WitH thEir stATemeNt, did tHe bishopS realLY intend to refraIN from saying anYThING wHAtsoEveR about such a ProsPEct? IT seeMS uNliKEly thAt the BiSHoPS intended to refrain fRoM sayinG anytHing whatsoeveR about the pROSPect of a CAthoLIc INstitution's givIng of Awards, honoRS, or platfOrms tO nonCathOlics. And yET The bishoPs' uSe oF thE woRD "DeFiance" suggestS THat tHeY were taLkiNg only aBouT thE giVinG oF awards, hoNors, or plAtFoRmS tO CaTholiCS. How shouLd ThiS pUzzLe be rESolved? bishoP JohN D'arCY, whOse diocESe OF fort waYnESouTh BEnD inclUdes THe UNiversiTy of Notre damE, Has aRgUeD that anY doubts surrouNdIng the righTfUl iNterprETAtion of sTatements from the United STAtes ConFerEnce oF CatHolic BishOps Are to bE reSOlved bY the loCal biShOp iN WHose dIOCeSe 8 SEe margaret FoSMOe, IS ND CaThOlic enough? OBama Visit Prompts ExAMinAtion of IdentiTy, SoUTH benD tRIb., maY 10, 2009, At AL, aVAilABLe at http://www.freeRepublic.coM/fOCuS/f-news/2248105/postS. 9 id. 2010] 257 JoUrNAL OF CaTHOLIC lEGAL stUDIES [VOl. 49:253 the inteRpretatioN iS to bE MAde And applied.O Bishop D'arcy justiFIes hiS ArGumenT by RefereNcE to-Among Other tHIngS-the COde of CAnOn Law, wHich pRoVides thaT: (1) "[a] diocesan bishop in the diOcese eNtrusTed To him has aLl oRDinAry, proper, And iMmediate poWer WhiCh is rEquIRed foR the EXeRciSE of hiS pasTOral
 in favor of his or her be ing defere ntial  to  or  a cqui esce nt in the wish e s or  directives of the par ty be in g  def i ed . And  so ina cc o r dan ce  w ith  o u rordin ary  lingui stic pract ice ,Fr. Jenkinsi sright to h old  that non-Ca tho lics c an not be "d efi ant"in rel a tion t o the aut ho r ity of the Ame r i ca n Ca tholic bishops as su c h, whether the  teach in g  a u t hor ity  or some o th er au t hority. Bu t n oti c e the ratherstrange imp l ica tion t ha t w o uld fo llowfr o m t his: the im plic ation isthat t h e bisho p s' stat ementhas  no thin g  w ha tso ev e r t o  s aya bou t the pr os pe ct of  a C a t h o licins titu tion' s giving of a war ds,h ono rs, o r pla tfor ms  to n on-Cat holic s.  And if the sta teme nt has no thi ng  wh at soeve r  to sa y a bou t the p rospect ofaC a t ho lic institution'sgi v i ng  of awar ds, ho n or s, or platf or msto n o n -Cath olic s ,then-a f ortior i -i thas not hi ng wha ts oev erto sa y  abo ut the  prospec t ofa  Catholic inst i tution's givi n go f  a w ards , h onors, or p latf o rmsto,s ay , t h e Pre siden to ft he Society for theAn nihila tionof the Cathol ic Church. B u t with t heir st a tement, did th e bis hops reall y  intendto re frain fr om saying a nythingwha tso eve r a b o ut  such a prosp e c t? I tseems u nli kely th atthe  bi sho ps  intended  to refr ai nfr om  sa yinga nythingwh ats oe ver  abou t  the p rospe ct o faC ath olic in s ti t u tion 's  g ivin g o faward s, h o nor s, or p latformston onCa th ol ics. An d yet the bis ho ps' use of  t heword " d e fiance"suggests that they were talking  on ly ab outthe givin g o f awar ds, honors , or p latfo rm s t o Catho l i cs . H ow  should th i s  pu zzlebe  res olved?Bishop John D'Arcy ,  wh ose diocese o f F ortW a yn eSo u th Ben di ncl u d es the Universi ty of Notr eD am e, has arg u edth at anydoubtssurro u nding t he rightf ul interp re tati o n  of  statement s from t he United State s  C onfer enc e of C at hol ic Bi shopsa reto be  resol ve d by t he lo ca l bishop  in whose diocese 8 See  Marga ret F osm oe, Is ND  Ca t hol ic Enough ? Ob ama VisitPro mpt s Exa min a tionof I d en tit y , SOU TH B E ND TRIB., Ma y 1 0 ,  2 009, at Al, a v ail ableath ttp:// www. freerepublic.com/ f ocus/f-news/22 4810 5 / pos ts. 9 Id .2010] 257 JOUR NAL  O F CATHOLIC  L EGAL STUDIE S [Vol.49 : 253 t he int erpret ation i s to be mad e an d a pplied.oBis ho p  D'Arcy  j us t ifieshisar gument  by re f eren c e  to-among otherthing s - the C o deof Ca no n Law,w hich  providesthat: (1) " [a] di oces an bi shop in  t he dio ces eentrustedt o him has  allordinar y,  pro per , andimme d i ate p ower  w hic h is requ i r ed fo rt heexer ciseof  his  pastoral 
 in_favor of_his or her being_deferential to_or_acquiescent in_the_wishes or directives_of the party_being defied. And so_in accordance with_our_ordinary linguistic practice, Fr. Jenkins is right to hold that non-Catholics cannot be "defiant"_in_relation to_the_authority_of the American Catholic bishops_as such, whether the teaching_authority or_some other authority. But notice the rather strange_implication_that would follow_from this: the implication is that the bishops' statement_has nothing whatsoever to say about_the prospect of_a_Catholic_institution's giving of awards,_honors, or platforms to non-Catholics. And_if the statement has nothing whatsoever_to say about the prospect of a_Catholic institution's giving of awards, honors,_or platforms to non-Catholics, then-a_fortiori-it has_nothing whatsoever to say about_the prospect of_a Catholic_institution's giving of_awards, honors, or platforms to, say,_the President of_the Society for the Annihilation of_the_Catholic Church. But_with_their_statement, did_the bishops really_intend_to refrain_from_saying anything whatsoever about such a_prospect?_It seems unlikely that the bishops intended_to refrain from saying_anything_whatsoever about the prospect_of a Catholic institution's giving_of awards, honors, or platforms to_nonCatholics. And_yet the_bishops' use of the word "defiance" suggests that they were talking_only about the giving of awards,_honors, or platforms to_Catholics. How_should_this puzzle be_resolved?_Bishop John_D'Arcy, whose diocese of Fort WayneSouth Bend_includes the_University of Notre Dame, has argued_that any doubts surrounding_the_rightful interpretation of statements from the_United States Conference of Catholic Bishops_are to be resolved by_the_local_bishop in whose diocese 8_See Margaret Fosmoe, Is ND Catholic_Enough? Obama Visit_Prompts Examination of Identity, SOUTH BEND TRIB.,_May_10, 2009, at Al, available at_http://www.freerepublic.com/focus/f-news/2248105/posts._9 Id. 2010] 257 JOURNAL OF_CATHOLIC_LEGAL_STUDIES [Vol. 49:253 the interpretation_is to be made and applied.o_Bishop D'Arcy justifies his argument by reference to-among other_things-the Code of_Canon Law, which provides that:_(1)_"[a]_diocesan bishop in the diocese entrusted to him has all_ordinary, proper,_and immediate power_which is required for the exercise of his pastoral