LINCOLN — Does “participation” in the Catholic religion require attendance at weekly Mass?
The Nebraska Supreme Court on Friday sidestepped that sticky question about a religion’s requirements, saying that’s not for a civil court to decide.
But in the case of a contested divorce decree, the court ruled that the decree didn’t specifically require a mother to take her children regularly to Mass.
In a unanimous, 13-page opinion written by Supreme Court Judge Jonathan Papik, the court ruled that while the divorce decree required the children to “be enrolled and be participants in the Catholic religion,” it only specifically required them to participate in first communion and confirmation, as well as CCD classes, which are weekly Catholic education classes required of children who do not attend Catholic school.
“We do not understand how the requirement that the children be registered as Catholics in some way also compels the Mass attendance ordered by the district court,” wrote Papik, in overturning a judgment by Douglas County District Judge Peter Bataillon.
Sign up for The World-Herald's afternoon updates
Receive a summary of the day’s popular and trending stories from Omaha.com.
Patrick Gomez had gone to court after discovering that his ex-wife, Elizabeth, had begun taking their two children to Lutheran Church during her parenting time. That, he said, violated a portion of the parenting plan in their divorce decree that required that the children “be enrolled and be participants in the Catholic religion.”
The father presented evidence showing that the tenets of the Catholic Church require attendance at weekend Mass as well as Mass on holy days of obligation. That prompted Judge Bataillon to order the wife to follow the tenets of the church and either take the kids to Mass during her parenting time, or allow the father to do so.
But the Supreme Court tossed out that order. Papik wrote that while courts are regularly called upon to decide requirements of “earthly regimes,” the U.S. Supreme Court and other courts have questioned whether a civil court should determine the obligations of a religious faith.
Beyond that, the judge wrote, the divorce decree only required “participation” in the Catholic religion and didn’t specifically require that the children attend Mass.
“... The word ‘participant’ on its own suggests only that a person take part in something to some degree,” Papik wrote. The decree, he added, didn’t include “qualifying language” like “full” that would have clarified the meaning of “participation.”
While the wife, who now goes by the name Elizabeth Tonniges, won’t have to take the children to Mass, she may have to seek permission from her ex-husband to take them to Lutheran services. The judge noted that the divorce decree requires a spouse to obtain a written agreement from the other spouse to allow the children to participate in religious activities outside the Catholic religion. The wife did not contest that clause.
1 of 107
The moon rose over the Bob Kerrey Pedestrian Bridge in the early morning hours.
On the 75th anniversary of D-Day, Ed Morrissette a 95-year-old WWII veteran of Papillion, reminisced while toasting to his fallen comrades with a drink accompanied by John Adams, Tom Demro, Antonio Chickinelli and Jeff Hadden at Patriarch Distillers Inc. in La Vista, Nebraska, Thursday, June 6, 2019. Morrissette who was part of the second wave on D-Day at Omaha Beach drank a Canada Dry while the others had Soldier Valley Omaha Beach D-Day 75th anniversary bourbon whiskey.
Major League Baseball debuted in Omaha on Thursday June 13th as the Royals faced the Tigers at TD Ameritrade Park.
Detroit Tigers' Miguel Cabrera signed autographs for fans prior to a Major League Baseball game against the Kansas City Royals at TD Ameritrade Park in Omaha, Nebraska, on Thursday, June 13, 2019.
Omaha Burke's Jaylon Roussell jogged the field people to participating in the Nebraska Cornhuskers Friday Night Lights event at Memorial Stadium in Lincoln, Nebraska.
Louisville's Adam Elliott warmed up before the start of game 7 of the College World Series.
Louisville's Drew Campbell celebrated a walk-off win on his hit in the bottom of the 9th against Mississippi State during game ten of the College World Series at TD Ameritrade Park.
Te'Andi Titus, left, and Kevin Kalaw, both of Omaha, read on the dock at Standing Bear Lake as a cool breeze swept over the lake, keeping the mosquitoes at bay.
Vanderbilt and Michigan faced off in the College World Series finals at TD Ameritrade Park in Omaha, Nebraska in 2019.
Michigan's Jordan Brewer and Jack Blomgren celebrated after defeating Vanderbilt in their College World Series game.
A B-2 stealth bomber flew over as Michigan stands during the National Anthem before their College World Series game.
Vanderbilt faces Michigan during their College World Series game.
Vanderbilt's Harrison Ray signed autographs before the start of game 3 of the CWS championship.
Vanderbilt fans celebrate at the Commodores capture a national title with a win over Michigan.
Michigan players mingled prior to their College World Series game against Vanderbilt.
Vanderbilt celebrated their win over Michigan during the third game of the champion series of the College World Series.
Chris Isaak performed at the free Memorial Park Concert at Memorial Park.
Omaha firefighter David Kirchofer provided water to Louie the dog, after Kirchofer helped battle a a fire at 5427 86th Court. Louie, who does not live in the unit that caught fire, was interested in all the action.
Ray Renk of San Francisco, California, holds his daughter Kennedy, 8, alongside his son Benjamin, 10, while sporting personalized suits and watching Warren Buffett, the CEO of Berkshire Hathaway, walk the convention floor during the Berkshire Hathaway Annual Shareholders Meeting at the CHI Health Center Omaha in Omaha, Nebraska, Saturday, May 4, 2019.
Phoebe the giraffe eats lettuce fed by visitors as the Lincoln Children's Zoo provides a sneak peek at their new exhibits and expansion in Lincoln, Nebraska, Thursday, May 9, 2019.
Lincoln Southeast’s Katie Whitehead, center, and Caroline Miller, right, celebrate with teammates including Ally Keitges, left, after winning the No. 1 doubles against Millard North during the NSAA Class A girls state tennis championship match at Koch Family Tennis Center in Omaha, Nebraska, Friday, May 17, 2019.
Omaha Bryanâ€™s Darwin Loftin lands a long jump during the Metro Conference track meet at Omaha Burke.
Millard West's Corbin Hawkins waits out the rain delay in the dugout. The baseball game between Millard West and Creighton Prep was postponed because of the weather.
Archbishop Bergan's Luke Jessen hits the center field wall trying to catch a hit from Millard West's Max Anderson resulting in an in-field home run during their state tournament game.
Crawford's Jillian Brennan (13) points up to the sky before the Class D 3,200-meter final at Omaha Burke High School during day one of the state track meet.
Gretna's Ashley Marsh connects with the ball alongside Marian's Maureen Tolley during the semifinal round of the Class A girls state soccer tournament at Morrison Stadium in Omaha, Nebraska, Saturday, May 11, 2019.
Elkhorn South players celebrate their championship while reading the name plate on the trophy after defeating Skutt during the NSAA Class B girls state soccer championship game Morrison Stadium in Omaha, Nebraska, Tuesday, May 14, 2019.
Jacob Himelick, left, a Millard north senior, chats with fellow senior Jace January as he signs January's year book. January likes to spend the time between classes greeting fellow students in the hallway.
Hannah Gruhlkey hugs her goat Griffin as he nibbles on her hair during a Country Bumpkin 4-H Club meeting at the Living Legend Farm.
Chipper Fyfe stands on a dike to see how far floodwaters have risen just west of Hamburg, Iowa.
Nebraska pitchers stay loose before their NCAA Regional game in Oklahoma City.
Tad Badje, 49, right, and wife Shelly Badje, 48, pepper Title Boxing Club's general manager, Chris Gerhardt's mid-section during a two-on-one body shot race as part of their work out at Title Boxing Club in Omaha, Nebraska.
Two-year-old Hannah Bonnot of Denver, Colorado, stands in awe before "Mountain Outlaw" taken at Grand Teton National Park, Wyoming, on display at Tom Mangelsen's "Life in the Wild" exhibition at the Durham Museum in Omaha, Nebraska.
A deer walks through the tall grass at Chalco Hills Recreation Area in Omaha, Nebraska.
Canada geese fly over Flanagan Lake at sunset in Omaha, Nebraska.
The sunset is reflected in some open water at Flanagan Lake in Omaha, Nebraska.
Ian Murphy, canvases the nearly 90 snow people which are on display at the Leavenworth Park in Omaha, Nebraska. Neighbors such as Murphy say the snow people didn't exist yesterday and claim it happened over night or possibly early this morning.
Husker fans rock The Rock and corn hats in the first half as the University of Nebraska-Lincoln men's basketball team hosts Michigan State at the Pinnacle Bank Arena in Lincoln, Nebraska.
An allosaurus appears to be eyeing a tasty, 19-month-old morsel named Austin Haseltine as he is lifted from the shoulders of his grandpa, Greg Fasano, by his mother, Amy Haseltine, with his father, Jim Haseltine looking on. The Dinosaur UpROAR exhibit at Lauritzen Gardens, 100 Bancroft Street in Omaha, Nebraska, features 20 life-sized installations as well as discovery stations and educational activities set throughout the gardens.
The setting moon is framed by some dried flowers at Lake Zorinsky in Omaha, Nebraska.
A person goes for a run along the snow covered trails at Lake Zorinsky in Omaha, Nebraska.
The sun rises on a snow covered Lake Zorinsky in Omaha, Nebraska.
Pink and blue balloons float past the Sower statue on the Nebraska State Capitol after balloons were released for the 45th annual Nebraska Walk for Life in Lincoln, Nebraska.
Steam rises over north downtown Omaha, Nebraska, as morning lows were below -10 degrees.
Water covers a road near Valley, Nebraska, on Friday, March 15, 2019.
Heavy machinery stacks up concrete chunks on the shore of the Elkhorn River at the Q Street bridge as part of an effort to stabilize the bank on the recently flooded river.
Sarpy County Sheriff's Deputy Darin Morrissey rides an ATV through floodwaters in Hawaiian Village.
Omaha Roncalli's Shane Orr celebrates their double overtime win over Aurora during a semifinal game in the Class B Nebraska state basketball tournament at Pinnacle Bank Arena.
The Auburn bench and crowd react to Auburn's Cameron Binder hitting what would be the game winning shot against North Bend Central during the championship game in the Class C1 Nebraska state basketball tournament at Pinnacle Bank Arena.
Nebraskaâ€™s Adrian Martinez runs out of the end zone after a play during spring football practice at the Hawks Championship Center in Lincoln, Nebraska.
Treyton Gubser, left, and his uncle Daniel Gubser paddle using shovels through the floodwaters after they rescued Daniel's kid's cat, Bob, in Hamburg, Iowa.
Highway 81 is covered in floodwaters south of Columbus, Nebraska.
A Nebraska National Guard helicopter flies over a flooded Waterloo, Nebraska, in March.
Cars drive drive across a flooded Platte River on Highway 50 just north of Louisville, Nebraska.
A Canada goose flies over Matthew J. Placzek's "Monument to Labor" sculpture as floodwaters from the Missouri River begin to recede on the Omaha riverfront.
Floodwaters closed Ave I at North 26th Street in Council Bluffs, Iowa.
A truck drives through a flooded road near the Platte River in April.
Lincoln Pius X's Austin Jablonski holds up the net after his team defeated Omaha Roncalli in the championship game in the Class B Nebraska state basketball tournament at Pinnacle Bank Arena.
Amelia Fritz, right, holds on to her daughter-in-law Tesha Fritz in Glenwood, Iowa. They were evacuated from Pacific Junction, Iowa, after floodwaters hit the town last night. They were part of 15-relatives all staying in the same house or in a camper in the front driveway.
Robert Jones looks around his flood damaged house north of Highway 50, near Louisville,Nebraska. The floor, which is normally a white tile, is covered in mud.
Aurora's Nicholas Hutsell, left, fouls Omaha Roncalli's Alexander Rodgers during a semifinal game in the Class B Nebraska state basketball tournament at Pinnacle Bank Arena.
Lincoln Pius X's Charlie Easley, left, and and Omaha Roncalli's Alexander Rodgers stretch for a loose ball during the championship game in the Class B Nebraska state basketball tournament at Pinnacle Bank Arena.
Humphrey/Lindsay Holy Family's Trent Reardon, left and Jason Sjuts celebrate their victory over Fremont Bergan during the championship game in the Class D1 Nebraska state basketball tournament at Pinnacle Bank Arena.
Aurora's Kaleb Moural wipes the sweat from his face during the second half against Omaha Roncalli during a semifinal game in the Class B Nebraska state basketball tournament at Pinnacle Bank Arena.
Bob the cat looks on from a basket in a boat after being rescued from floodwaters in Hamburg, Iowa.
A vehicle is stuck in floodwaters near 1st Street and Pierce Street in Fremont, Nebraska.
Tim Rockford, left, and David Bauer, tour the Bellwood Lakes neighborhood which was destroyed by the flooding days prior along the Platte River in Bellwood, Nebraska.
Lincoln East's Charlotte Bovaird practices her shot and she and her teammates warm up in the hallways before the start of the game. Lincoln East played Millard South in a Class A first-round basketball game during the girls state basketball tournament at the Pinnacle Bank Arena in Lincoln, Nebraska.
Westside poses with the championship plaque with the winning score on the wall behind them after Omaha Westside defeated Millard North 54-53 at Omaha Westside in Omaha, Nebraska.