No Establishment Clause Problem With Minnesota Criminal Sexual Conduct Law

In State v. Bussmann, (MN Ct. App., Sept. 19, 2006), a Minnesota court of appeals rejected an Establishment Clause challenge to a statute that provides higher penalties for criminal sexual conduct that takes place "during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private." The court relied on a 2003 decision in rejecting the argument that the statute excessively entangles religious doctrine with state law.