Canon lawyer Heribert Hallermann proposes a legal path for Vatican approval of lay preaching at Mass, citing theological rather than justice-based grounds.
Newsroom (26/03/2026 Gaudium Press ) Würzburg canon lawyer Heribert Hallermann believes that the German bishops’ bid to permit lay preaching during the Eucharist can only succeed in Rome through theological and canonical arguments, not appeals to justice or representation. In the April issue of Herder Correspondence, the emeritus professor of canon law articulates a route that could convince Vatican authorities of the German initiative.
According to Hallermann, Roman dicasteries are unlikely to be swayed by the Synodal Assembly’s emphasis on equity, inclusion, or increased participation of women in Church life. Instead, he insists, permission must rest on an internal logic of Church law and theology, not sociological or justice-based reasoning.
Baptismal Roots of Preaching
Hallermann’s central argument challenges the assumption that homiletic preaching is inseparably tied to the sacramental authority of the clergy. He notes that, within the Church’s current legal framework, preaching the Word of God is no longer defined as an exercise of the Church’s teaching office. Rather, it has become an “act of proclamation grounded in baptism,” in which all baptized members share.
This shift means that limiting preaching strictly to ordained ministers now demands justification, not the reverse. Hallermann calls the claim of a “necessary unity of Word and Sacrament” unconvincing, pointing out that if applied consistently, it would also bar deacons from delivering the homily. Furthermore, the post–Vatican II view, embraced by Pope John Paul II, which reserves every element of the Eucharistic liturgy to priests alone, contradicts the foundational principles of the Second Vatican Council’s 1963 Constitution Sacrosanctum Concilium.
Authority and the Role of Bishops
Hallermann, who taught canon law at the University of Würzburg from 2003 to 2016, stresses that the right to preach depends not on ordination but on episcopal authorization. In Germany, many pastoral and parish assistants already work under a missio canonica, empowering them to represent the Church officially in ministries of proclamation, even though they are not permitted to deliver homilies.
Such established structures, Hallermann argues, could form the theological and legal basis for a broader allowance of lay preaching—if validated through proper channels.
The Need for an Indult
Hallermann is critical of the path currently pursued by the German Bishops’ Conference (DBK), which seeks Vatican approval for new preaching norms enabling qualified laity, both women and men, to preach during Mass. He warns that the bishops’ attempt to introduce such norms autonomously cannot stand on existing legal foundations. Neither canon law nor papal authority grants them latitude to legislate independently in this area.
The only viable instrument, he contends, is to request an indult—a Vatican-issued exception to existing law that would temporarily suspend Canon 767 §1, which reserves the homily to priests and deacons. A complementary mandate would also be needed, allowing the bishops’ conference to set criteria for qualifying lay preachers.
Such an indult, Hallermann notes, could legalize longstanding practices in various dioceses where lay preaching already occurs. For example, since 1999, the Diocese of Rottenburg-Stuttgart has allowed laypersons to deliver homilies under diocesan guidelines approved by then-Bishop Walter Kasper. Hallermann calls this a pragmatic route toward “legal certainty” for bishops and lay ministers alike.
Vatican Resistance to Change
The Vatican has repeatedly signaled its opposition to lay preaching during the Eucharist. In March 2023, Cardinal Arthur Roche, Prefect of the Dicastery for Divine Worship, reaffirmed that homilies belong exclusively to clergy. In a letter to then-German Bishops’ Conference president Georg Bätzing, Roche stressed that restricting the homily to ordained ministers is not an exclusion of lay believers, but an affirmation of the priest’s unique liturgical role.
Roche warned that expanding lay preaching could foster “misunderstandings within the Christian community regarding the role and identity of the priest.” The Holy See has also rejected parallel proposals for laity to administer baptisms on a regular basis.
Seeking Balance Between Law and Reform
For Hallermann, the current impasse between German reformers and Vatican authorities is not a matter of ideology but of legal coherence. His proposal seeks to bridge fidelity to canon law with recognition of pastoral realities already practiced across Germany. Through an indult approved by Rome, the Church could reconcile canonical discipline with the post-conciliar understanding of the laity’s participation in the Church’s missionary call.
As the German Bishops’ Conference continues its efforts to implement the Synodal Path’s decisions, Hallermann’s intervention reframes the debate—not as a confrontation over justice or reform, but as a precise test of how canon law can evolve in service of the Church’s living tradition.
- Raju Hasmukh with files from katholisch.de
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