Priest Challenges Constitutionality of Law Barring Sex With Woman Seeking Spiritual Comfort

The St. Paul Tribune reports that in state court arguments today a Minnesota priest is challenging the constitutionality of a state statute, MN Stat 609.344,  that prohibits clergy from having sex with a person "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 challenge comes as a defense in the prosecution of Catholic priest Christopher Wenthe for third-degree criminal sexual conduct for a year-long sexual relationship with a woman in her early 20's.  The woman had met Wenthe while attending a Catholic initiation class and later sought him out as a confessor. Wenthe's attorney says the statute is an overly broad attempt to regulate sexual behavior. He says the case raises the question of whether the woman could have a friendship with the priest that was not counseling under the statute. The Minnesota Supreme Court in the 2007 case of State v. Bussman rejected a vagueness challenge to the law, but divided equally on whether it violated the Establishment Clause. Ultimately it reversed defendant's conviction because the trial court had allowed church doctrine to become entangled with the meaning of the statute.