If they did, how many men would be applying of the Diaconate?
Obviously those with the cooperation of their wives. The other half of their marriages and their permanent faithful and fruitful partners.
The law provided was that: "we have fallen out of the habit of observing Canon 277 in the Church"
You should read that article again.
It is supported by;
Fr. John Boyle,
Canon Lawyer Ed Peters,
Deacon Greg Kandra,
Deacon Keith Fournier,
Deacon William Ditewig,
Deacon David Lopez, and
Phill Lawler.
who all agree:
"The argument is air-tight. There are... simply no loop-holes to be found."
"After all, the obligation to abstain from sexual activity
elevates the dignity of orders, and increases the sign value represented by observing continence for the sake of God’s Kingdom. This is something that all unmarried priests (and transitional deacons) are already bound to observe. Including permanent deacons and married priests among those who are bound to observe continence matches the reality that all these men described above share fundamentally in the same sacred reality: holy orders. There are not “two ways” of being a cleric in the Roman Catholic Church, instead, one sacrament unites them all, and carries the same obligations for all who are ordained as clerics."
the Church was writing the law with the mindset that they were refering to priests and brothers.
Deacons are indeed taken into consideration in canon law and differentiated when the laws pertain specifically and singularly to them. Otherwise, they are included under the term of cleric.
The word deacon is specifically mentioned all through the code of canon law as it specifically does or does not apply to deacons. For example:
Can. 276
§1. In leading their lives, clerics are bound in a special way to pursue holiness since, having been consecrated to God by a new title in the reception of orders, they are dispensers of the mysteries of God in the service of His people.
§2. In order to be able to pursue this perfection:
1/ they are first of all to fulfill faithfully and tirelessly the duties of the pastoral ministry;
2/ they are to nourish their spiritual life from the two-fold table of sacred scripture and the Eucharist; therefore, priests are earnestly invited to offer the eucharistic sacrifice daily and
deacons to participate in its offering daily;
3/ priests and
deacons aspiring to the presbyterate are obliged to carry out the liturgy of the hours daily according to the proper and approved liturgical books; permanent
deacons, however, are to carry out the same to the extent defined by the conference of bishops;
4/ they are equally bound to make time for spiritual retreats according to the prescripts of particular law;
5/ they are urged to engage in mental prayer regularly, to approach the sacrament of penance frequently, to honor the Virgin Mother of God with particular veneration, and to use other common and particular means of sanctification.
Can. 277
§1. Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of heaven and therefore are bound to celibacy which is a special gift of God by which sacred ministers can adhere more easily to Christ with an undivided heart and are able to dedicate themselves more freely to the service of God and humanity.
In fact, canon 288 states:
Can. 288
The prescripts of cann.
⇒ 284,
⇒ 285, §§3 and 4,
⇒ 286, and
⇒ 287, §2 do not bind permanent
deacons unless particular law establishes otherwise.
Which makes absolutely no mention of canon 277, which if it did, and canon 277 did not apply to
deacons, would be listed here in canon 288 as well as the others.
It would seem that making such a sacrifice for the sake of the kingdom of heaven, as Fr Boyle an English canonist... who explain
[the] argument step-by-step and is quoted in the article as saying:
"If the future deacon were to become bound by the obligation to observe perfect and perpetual continence, this would involve the renunciation by the wife of her marital rights. It would be unjust for her to be deprived of these rights by her husband’s ordination, but she could willingly renounce these rights for the sake of the kingdom of heaven."
would bear a very substantial fruit indeed.
The notion that canon law is out of date or needs to be adjusted to suit a transgression or that it doesn't take deacons into consideration would seem spurious.