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Pope Leo X, Fifth Lateran Council, Session 8, ex cathedra: "And since truth cannot contradict truth, we define that every statement contrary to the enlightened truth of the faith is totally false and we strictly forbid teaching otherwise to be permitted. We decree that all those who cling to erroneous statements of this kind, thus sowing heresies which are wholly condemned, should be avoided in every way and punished as detestable and odious heretics and infidels who are undermining the Catholic faith."

Second, also notice how (as usual) the very quotation that the heretics use to prove their position, refutes them:

Canon 2261.2-3, 1917 Code of Canon Law: “But from an excommunicated vitandus or one against whom there is a declaratory or condemnatory sentence, the faithful may ONLY IN DANGER OF DEATH ask for sacramental absolution according to canons 882, 2252, and also for other sacraments and sacramentals in case there is no one else to administer them (c. 2261.3).”

So even if this canon was referring to heretical priests (the vitandus or shunned), which it is not, it would still mean that they could only be approached in danger of death! But the heretics doesn’t teach that heretics may only be approached for the Eucharist or Confession in danger of death, for they teach that they may be approached every time as long as they are not notorious.

Third, one needs to understand that excommunication can be incurred for many things. Historically, excommunications were distinguished by the terms major and minor. Major excommunications were incurred for heresy and schism (sins against the faith) and certain other major sins. Those who received major excommunication for heresy were not members of the Church (as we have just proven at length). Minor excommunication, however, did not remove one from the Church, but forbade one to participate in the Church's sacramental life. Pope Benedict XIV made note of the distinction.

Pope Benedict XIV, Ex Quo Primum (# 23), March 1, 1756: "Moreover heretics and schismatics are subject to the censure of major excommunication by the law of Can. de Ligu. 23, quest. 5, and Can. Nulli, 5, dist. 19."

Minor excommunication, on the other hand, was incurred for things such as violating a secret of the Holy Office, falsifying relics (c. 2326), violating a cloister (c. 2342), etc. These are all ecclesiastical or Church penalties. Such actions, though gravely sinful, did not separate a person from the Church. And though the terms major and minor excommunication are no longer used, it remains a fact that a person could incur an excommunication (for something other than heresy) which would not separate him from the Church, and he could incur an excommunication for heresy which would separate him from the Church. Therefore, a Catholic who receives an excommunication for heresy is no longer a Catholic because heretics are outside the Catholic Church (de fide, Pope Eugene IV). But a Catholic who receives an excommunication for something else is still a Catholic, though in a state of grave sin. Thus, it is clear that the 1917 Code of Canon Law is speaking about sinners and disobedient Catholics of different kinds, and not about heretics.

13. 
    MORE ON THE 1917 CODE OF CANON LAW
    

The 1917 Code was definitely not an ex cathedra (from the Chair of Peter) pronouncement because it does not bind the whole Church, but only the Latin Church (not the Eastern Rites), as stipulated in Canon 1 of the 1917 Code.

Canon 1, 1917 Code of Canon Law: “Although in the Code of canon law the discipline of the Oriental Church is frequently referenced, nevertheless, this [Code] applies only to the Latin Church and does not bind the Oriental, unless it treats of things that, by their nature, apply to the Oriental.”

A pope speaks infallibly from the Chair of Peter when his teaching on faith or morals binds the entire Church, which the 1917 Code doesn’t:

Pope Pius IX, Vatican Council I, 1870, Session 4, Chap. 4: “…the Roman Pontiff, when he speaks ex cathedra [from the Chair of Peter], that is, when carrying out the duty of the pastor and teacher of all Christians in accord with his supreme apostolic authority he explains a doctrine of faith or morals to be held by the universal Church... operates with that infallibility…”

The 1917 Code is not infallible Church discipline either, as proven by the fact that it contains a law which directly contradicts the infallible discipline of the Church since the beginning on a point tied to the Faith. The actual Bull promulgating the 1917 Code, Providentissima Mater Ecclesia, was not signed by Benedict XV, but by Cardinal Gasparri and Cardinal De Azevedo. Cardinal Gasparri, the Secretary of State, was the main author and compiler of the canons. Some theologians would argue that only disciplines which bind the whole Church – unlike the 1917 Code – are protected by the infallibility of the governing authority of the Church, an argument which seems to be supported in the following teaching of Pope Pius XII.

Pope Pius XII, Mystici Corporis Christi (# 66), June 29, 1943: “Certainly the loving Mother is spotless in the Sacraments, by which she gives birth to and nourishes her children; in the faith which she has always preserved inviolate; in her sacred laws imposed upon all; in the evangelical counsels which she recommends; in those heavenly gifts and extraordinary graces through which, with inexhaustible fecundity, she generates hosts of martyrs, virgins, and confessors.”

This would mean that a disciplinary law is not a law of the "Catholic" (i.e. universal) Church unless it binds the universal Church. It should also be remembered that it is of divine law that only the Popes are infallible when speaking ex cathedra (from the chair of Peter.) Thus, this proves that Pius XII was speaking about the infallible statements from the chair of Peter. Regardless, the 1917 Code doesn’t enjoy infallibility. This is further proven by the following canons.

1. 
   1) THE 1917 CODE OF CANON LAW TEACHES THAT CHRISTIAN BURIAL CAN BE GIVEN TO UNBAPTIZED CATECHUMENS
   

The 1917 Code teaches in canon 1239, that unbaptized catechumens can be given Christian burial. This contradicts the entire Tradition of the Catholic Church for 1900 years on whether unbaptized persons can be given Christian burial.

Canon 1239, 1917 Code: “1. Those who die without baptism are not to be accorded ecclesiastical burial. 2. Catechumens who through no fault of their own die without baptism are to be reckoned as baptized.”

Since the time of Jesus Christ and throughout all of history, the Catholic Church universally refused ecclesiastical burial to catechumens who died without the Sacrament of Baptism, as The Catholic Encyclopedia admits: