State v. Wenthe
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After a jury trial, Respondent was convicted of third-degree criminal conduct in violation of Minn. Stat. 609.344(1)(l)(i) (the clergy-sexual-conduct statute) based on a sexual relationship between Respondent, a Roman Catholic priest, and a parishioner. The court of appeals reversed, holding (1) the clergy-sexual-conduct statute is not facially unconstitutional; but (2) the statute violated the Establishment Clause as applied to Respondent. the Supreme Court affirmed in part and reversed in part, holding (1) the clergy-sexual-conduct statute does not facially violate the Establishment Clause; and (2) Respondent did not prove that the clergy-sexual-conduct statute as applied violated the Establishment Clause. Remanded.
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