From:
scripturecatholic.com/tradissues_qa.html#scripture-I
Should women wear veils?
**Patron: **John, I have a question regarding head coverings. Do women need to wear them in church? I searched and found an article on the EWTN website, as well as an article on Apologetics Int’l, refuting the EWTN “expert.” There is a lot of talk about whether it is still the law of the Church. Can you address this? I guess I need to pray for wisdom, and use my head for something other than a veil “rack.” Please let me know your thoughts. Blessings.
**J. Salza: **Hello. St. Paul says that a woman must cover her head when she prays or prophesies, which would obviously include covering up in church (1 Cor. 11:5-6,10). Head covering is an immemorial custom of the Church, with a 1940 year history. Canon law says that an immemorial custom not only has the force of law, but that canon law can’t even abrogate it. We would need a papal or magisterial statement abrogating the head covering requirement because it is an immemorial custom. But the Church has made no such statement.
Those who argue against head coverings say that the 1983 code “abrogated” the 1917 code (the 1917 code expressly required head coverings in canon 1262, and the 1983 code is silent about the issue). There are problems with this argument. First, when we say the 1983 code abrogated the 1917 code, that only means that the 1917 has no jurisdiction; it cannot be relied upon as legal authority. But this does not mean that everything that came out of the 1917 code is abrogated. Quite the contrary. This is why the 1983 code says that if a previous law is not expressly revoked (paraphrasing), then it is still in force. The 1983 code did not expressly revoke head coverings, which means the head covering requirement is still in force. Of course, the 1983 code would not have such a law if it trumped every thing in previous law.
This shows the wisdom of the Church. We can’t throw away immemorial customs at will, just because the culture wants to push them into disuse. All the previous legislators (the popes themselves) before Paul VI and John Paul II enforced the head covering rule. Paul VI and John Paul II have not changed this.
Patron: John, I received your book in the mail today… It must feel good to hold this in your hands! Thanks for your response on head coverings. After reading it I sent it to my advisor, Dr. Robert Fastiggi, and asked for his thoughts. I thought you might like to read them (below.) I know Dr. Fastiggi to be a holy man of God, who tends to be conservative and consistent in his theology – always trying to "think with the Church”:
**Dr. Fastiggi: **Thank you very much for your good question. As I see it, a Catholic woman can still wear a head covering to Mass if she so chooses. In many respects, this could be a valuable sign of devotion and humility. Since what was prescribed in canon 1262.2 of the 1917 Code is not repeated in the 1983 Code, I don’t believe we can maintain, as some do, that this requirement still exists. It is up to the Magisterium to interpret and enforce canon law not individual Catholics.
By way of comparison, we can note that the 1983 Code did not repeat the specific prohibition of membership in the Masons. Soon after the publication of the 1983 Code, however, the Congregation of the Doctrine of the Faith made it clear that membership in the Masons is still forbidden to Catholics. I don’t know of any similar ruling by the Holy See with respect to the requirement for head coverings for women at Mass.
In Fr. T. Lincoln Bouscaren’s 1957 Commentary on the 1917 Code, he notes that “popular customs may modify this provision [of canon 1262] as the text indicates” (p. 691). This shows that even before Vatican II, there was recognition that canon 1262.2 dealt with liturgical law not divine law. According to no. 83 of the Catechism of the Catholic Church, we should distinguish unchanging Tradition from “the various theological, disciplinary, liturgical, or devotional traditions, born in the local churches over time…In light of the great Tradition, these traditions can be retained, modified or even abandoned under the guidance of the Church’s magisterium.”
Do St. Paul’s instructions on women covering their heads in 1 Cor. 11:2-16 constitute unchanging Tradition? It is important to realize that in 1 Cor. 7:10-12 – on the subject of marriage and divorce – St. Paul distinguishes between his own instruction and that of the Lord. Perhaps a similar distinction applies to 1 Cor. 11:2-16. In this regard, I agree with the interpretation provided in the March, 1984 edition of the Homiletic and Pastoral Review, viz., that St. Paul’s main point in this passage is that “women should not attend the assembly in attire that would be considered improper in other public places” (pp. 67-68). This principle still applies.
If you wish further instruction on this matter, perhaps you should contact the Bishops Committee on Liturgy of the USCCB; this office could give you a more authoritative response than I can. I hope my brief thoughts are helpful as a start. Please let me know if more is needed.