<http://catholicexchange.com/2008/05/22/112642/>Holy 
Days<http://catholicexchange.com/2008/05/22/112642/> of Obligation

May 22nd, 2008 by 
<http://catholicexchange.com/author/cathy-caridi-jcl/>Cathy 
Caridi, <http://catholicexchange.com/author/cathy-caridi-jcl/>J.C.L.

  Q: Last year we were on vacation overseas on 
the feast of the Assumption, which is a holy day 
of obligation. We went to Mass and hardly anybody 
was there. It seemed like it was an ordinary 
weekday Mass to everybody there but us. Is it 
possible that it wasn't a holy day of obligation 
there? Or do you think maybe people in that 
country were just ignoring the obligation?  –Thomas

A: The obligation to attend Mass is addressed in 
canon 1246.1. First of all, the Sunday obligation 
is stressed, as Sunday is the day on which 
traditionally the Easter mystery is celebrated. 
But the canon also lists those dates which, in 
addition to all Sundays, are holy days of 
obligation. Catholic Americans may find parts of the list surprising:
The Nativity of Our Lord Jesus Christ (December 
25) The Epiphany (January 6) The Ascension (40 
days after Easter Sunday) Corpus Christi 
(Thursday after Trinity Sunday) Mary the Mother 
of God (January 1) The Immaculate Conception 
(December 8 ) The Assumption (August 15) Saint 
Joseph (March 19) The Apostles Saints Peter and 
Paul (June 29) All Saints (November 1)

On this list there are clearly some holy days of 
obligation that we Catholics in the U.S. have never heard of. What’s going on?

The answer is found in canon 1246.2. With 
permission from Rome, the Bishops’ Conference may 
transfer some holy days of obligation to a 
Sunday, or suppress them altogether. The United 
States Conference of Catholic Bishops (USCCB) 
declared that the feasts of Epiphany and Corpus 
Christi were to be transferred to Sundays. This 
is why the date of Epiphany varies from year to 
year, while in much of the world it is always 
celebrated on January 6, regardless of what day 
of the week that happens to be. Similarly, many 
countries will hold public Corpus Christi 
processions on the traditional Thursday date, 
while we celebrate the feast on the following Sunday.

In the United States, the feasts of Saint Joseph 
and of Saints Peter and Paul are not holy days of 
obligation at all, because our bishops have seen 
fit to suppress them. This is entirely in accord 
with canon 1246.2. In contrast, the Immaculate 
Conception has always been maintained as a holy 
day of obligation in the U.S. This feast has 
particular importance in our country, since the 
U.S. was historically dedicated to Our Lady under 
that title. As it does not have such 
historical/cultural importance in other countries 
(Canada is an example), their bishops have in 
some cases chosen to suppress the obligation on this feast.

American bishops have also determined that in 
years when the solemnities of Mary, the Mother of 
God, the Assumption, and All Saints happen to 
fall on a Saturday or a Monday, they are not held 
to be holy days of obligation. Again, this is 
entirely their prerogative, as per canon 1246.2. 
In contrast, it may be of interest to our readers 
to note that in England and Wales, when the 
Epiphany, the Assumption, Saints Peter and Paul, 
and All Saints fall on a Saturday or Monday, the 
solemnity is observed on the Sunday instead. 
Thus, depending on the country in which you 
happen to be on a holy day, you may very well 
find that the Catholic Church there is 
celebrating the day differently. While Thomas has 
not mentioned the country to which he traveled 
last year, this is presumably the reason for the 
apparent discrepancy: the bishops of that country 
had declared that the Assumption is either to be 
celebrated on a Sunday, or suppressed altogether as a holy day of obligation.

So what is a Catholic American required to do, 
when visiting a country where their holy days of 
obligation do not accord with our own? Are we 
obliged to attend Mass if the natives are not?

The answer is found in canon 12.3, one of the 
very first canons of the code and one which 
establishes a general principle. It states that 
laws enacted for a particular territory bind 
those for whom they were enacted and who have a 
domicile or quasi-domicile in that territory and are actually residing in it.

This terminology is a bit intimidating, so let’s 
unpack it. Laws enacted for a particular 
territory bind those for whom they were 
enacted-so those laws which the US Conference of 
Catholic Bishops has passed regarding holy days 
of obligation are binding on Catholics in the United States. So far, so good.

But what does “domicile” or “quasi-domicile” 
mean? The definition of the first term is found 
in canon 102.1: one’s domicile is acquired by 
residence in a territory that is either connected 
to the intention of remaining there permanently, 
or in fact protracted for a full five years. In 
other words, if you move to the United States 
with the intention of living here indefinitely, 
the U.S. then becomes your place of domicile, and 
you are bound to observe the U.S. Bishops’ laws 
regarding holy days of obligation. Similarly, if 
you come to the United States with the intention 
of remaining only a short time (on a vacation, 
for example) but for whatever reason you end up 
staying for at least five years, the U.S. is your 
domicile for the purposes of canon law.

Canon 102.2 provides the definition of 
“quasi-domicile,” which is acquired by residence 
in a territory, connected to the intention of 
remaining there for three months, or in fact 
protracted for three months. In normal English, 
this means that if you come to the United States 
with the plan to live here for three months or 
more-on a job assignment, say, or a long-term 
family visit-the United States becomes your 
quasi-domicile. And if you intend to visit the 
U.S. for only a brief period of time, but 
circumstances lead you to remain for at least 
three months, you acquire a quasi-domicile here. 
In this case, so long as you reside in the U.S., 
you are bound to follow the laws made by U.S. 
Bishops for the Catholics of this country.

Armed with this general rule in canon 12.3 and 
these definitions, we can now determine what we 
are obliged to do when we visit another country 
on vacation, as Thomas did. As American 
residents, there is no question that our domicile 
is here in the U.S. If we travel to another 
country temporarily, staying less than three 
months, we are still bound to observe the laws of 
the U.S. Bishops, and are not bound to follow 
those of the Bishops in the country we are 
visiting. So if, for example, you visit Italy for 
a week or so, and happen to be there on the Feast 
of Saint Joseph-a holy day of obligation which 
also happens to serve as Italy’s Father’s Day in 
the civil sphere-you technically are not obliged 
to attend Mass on that day, even though all the 
Catholic Italians around you must do so!

On the flip side is the situation that Thomas 
described. If you visit another country on a 
vacation of less than three months, you are 
obliged to attend Mass on the holy days 
established by the U.S. Catholic Bishops-no 
matter what the Church does in the country you 
are visiting. So Thomas was quite right to go to 
Mass on the Feast of the Assumption last year, 
even if the Catholic natives did not have to do 
so. If you stay longer than three months, though, 
you no longer have to follow the U.S. rules; but 
you are then obliged to follow those of the 
country in which you are now living.

The bottom line is this: while we Catholics share 
a common faith, common worship, and of course a 
common code of law, there are some matters which 
may legitimately vary from place to place. Holy 
days of obligation fall into this category. One 
can apply the canons of the code to determine 
whether one must go to Mass on a particular holy 
day or not. But it is also important to realize 
that attending the Holy Sacrifice of the Mass is 
a tremendous privilege for any Catholic, on any 
occasion. A safe rule of thumb, by which you may 
always know that you are giving glory to God, is 
to attend Mass on a doubtful holy day of 
obligation, in no matter which country you happen to be.

Cathy Caridi, J.C.L. is a licensed canonist who 
practices law and teaches in the Washington, D.C. area.

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Lord, may everything we do begin with Your 
inspiration and continue with Your help,
so that all our prayers and works may begin in You and by You be happily ended.
We ask this through Christ our Lord.
Amen.


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Prayer for Unborn Life:
O GOD OF LIFE AND LOVE, You have given us the 
gift to participate with You to bring new life 
into the world.  But, all too often, the mother's 
womb, which should be a nursery of life, becomes 
instead a place of it's destruction.

Help us to remove this evil and ensure respect 
for all life made in Your image and likeness, 
called to fulfill its promise on this earth,
and destined to find a home with you for all eternity.

We ask this through Jesus Christ, Our Lord, Our God, Our Savior, and Our ALL.
Amen.

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