Men, in a church or outside a church, while they are assisting at sacred rites, shall be bare-headed, unless the approved mores of the people or peculiar circumstances of things determine otherwise; women, however, shall have a covered head and be modestly dressed, especially when they approach the table of the Lord. (Canon 1262.2)
Viri in ecclesia vel extra ecclesiam, dum sacris ritibus assistunt, nudo capite sint, nisi aliud ferant probati populorum mores aut peculiaria rerum adiuncta; mulieres autem, capite cooperto et modeste vestitae, maxime cum ad mensam Dominicam accedunt.
Why bring up this canon from the old Codex? Don’t we have a new Code of Canon Law in force today? Yes, we do, but a difficulty arises from this peculiar fact: the new Code does not contain this Canon from the 1917 Code. The New Code of Canon Law simply does not mention the veiling of women. So does this mean the law of the veil has been abrogated? We turn now to examine what the New Code says regarding old laws that are not carried over into the new law code. The New Code begins in this way:
A law is established when it is promulgated. (Canon 7)
The first building block of our argument, then, is this: the law of the veil was established when it was promulgated, in 1917.
A later law abrogates, or derogates from, an earlier law if it states so expressly, is directly contrary to it, or completely reorders the entire matter of the earlier law. A universal law, however, in no way derogates from a particular or special law unless the law expressly provides otherwise. (Canon 20,)
This is the second piece of the puzzle: an old law is not revoked unless the new law “states so expressly,” or is “directly contrary to it,” or “completely reorders the entire matter of the earlier law.” The New Code of Canon Law does not even mention the veil, and thus it does not expressly revoke the law; the New Code does not legislate that women must not wear a veil, and so it is not “directly contrary” to the old Code; finally, since the New Code does not even raise the issue, it can hardly be argued that it revokes the old law by “completely [reordering] the entire matter.”
Still, someone may say, because the New Code does not mention the old law of the veil, can we not conclude that it is being implicitly revoked, or at least no longer being enforced? On the contrary, the next canon says:
In a case of doubt, the revocation of a pre-existing law is not presumed, but later laws must be related to the earlier ones and, insofar as possible, must be harmonized with them. (Canon 21,)
It would be incorrect, then, and contrary to Canon Law, to “presume” that the “pre-existing law” has been revoked. So far there is nothing in the New Code that would lead us to believe that veils have been abolished, and in fact, the law expressly states that old laws are not to be presumed to be revoked.