The issue arises periodically. I have no intention to discuss its merits or treatment in Paul, but only to make observations related to the law of the Church.
By the way that several canons were used above, a misleading impression of Church law was given, and that was done, I have to assume, by inadvertence only. We must always take care to present the laws of the Church accurately and and not just selectively. Hence the reason for these observations.
The principles for the correct interpretation of the code require that we cite canon 6 of the present code.
§1. When this Code takes force, the following are abrogated: 1º the Code of Canon Law promulgated in 1917; 2º other universal or particular laws contrary to the prescripts of this Code unless other provision is expressly made for particular laws; 3º any universal or particular penal laws whatsoever issued by the Apostolic See, unless they are contained in this Code; 4º other universal disciplinary laws regarding matter which this Code completely reorders. §2. Insofar as they repeat former law, the canons of this Code must be assessed also in accord with canonical tradition.
Canon 1262 on head covering, which was found in the 1917 code, was not repeated in the 1983 code nor was its subject matter treated.
Accordingly, canon 6 §1, 1º effected the express abrogation mentioned in canon 20.
Consequently the case of doubt mentioned in canon 21 did not arise. Canons 27 and 28 are irrelevant since the former law in question was positive law as mentioned, to be found in canon 1262.
The mind of the legislator in lifting the discipline of the 1917 code has continued to be manifested as well by the continued silence of the Holy See on the matter. I must note that when various abuses are identified in Redemptionis Sacramentum, that a failure to cover the head is not among them. I do not believe it is treated in either of the GIRM’s or the other earlier instructions. Perhaps someone else can produce a citation that it was. If not, it would seem to be a settled issue from the Holy See’s point of view.
Freemasonry was treated by way of declaration with the promulgation of the 1983 code as being contained in canon 1374, and is irrelevant as supportive illustration. CDF (November 26, 1983) responded in part that “This Sacred Congregation is in a position to reply that this circumstance in due to an editorial criterion which was followed also in the case of other associations likewise unmentioned inasmuch as they are contained in wider categories.” So the comparison is faulty.
Now if it is possible to find a similar declaration on head -covering, that would have some persuasive weight. Perhaps someone else can discover a recent declaration of the Holy See on the matter or a current liturgical norm and to offer citations, but I am not able to.