Minnesota Town Approves Asatru Zoning Request

The Washington Post reported yesterday on a controversial religious zoning battle in the 273-person town of Murdock, Minnesota:

The Murdock City Council voted 3-1 ... to allow the Asatru Folk Assembly to turn the run-down church it purchased in July into its first “hof,” or gathering place, in the Midwest. The looming presence of the obscure Nordic folk religion, widely classified as a White supremacist hate group by extremism and religious experts, promoted months of pushback from concerned residents.

City leaders, meanwhile, were advised that denying the AFA’s permit could leave Murdock vulnerable to a potentially devastating religious discrimination suit.

Churches Challenge Minnesota COVID-19 Limits On Worship Services

Three churches and their pastors filed suit this week in a Minnesota federal district court challenging the state's COVID-19 limits on worship services.  The complaint (full text) in Cornerstone Church of Alexandria v. Walz, (D MN, filed 8/13/2020), alleges in part:

The plaintiffs’ religious liberties under the Free Exercise Clause of the First Amendment of the United States Constitution have been violated by Governor Walz’s Executive Orders 20-74 and 20-81. Although during a pandemic, the ordinary constitutional test of strict scrutiny may not apply to the Governor’s regulation of church activities (although it is still argued here in Count I), the government’s regulations must still be “capable of a reasoned application” as they would be for a non-public forum....

Thomas More Society issued a press release announcing the filing of the lawsuit.

Minnesota Amish Must Install Septic Tanks

In Mast v. County of Fillmore, (MN App., June 8, 2020), the Minnesota state Court of Appeals rejected claims by four members of the Amish community that laws requiring them to install septic systems to dispose of their waste water violate their freedom of conscience under the Minnesota Constitution and their rights under RLUIPA. The Court of Appeals said in part:

the district court appropriately concluded that respondents met their burden of demonstrating that appellants’ mulch-basin system does not provide a less-restrictive means of accomplishing the government’s compelling interests of protecting public health and the environment.

Rochester Post Bulletin reports on the decision.

Denial of Name Change Did Not Burden Inmate's Free Exercise

In In re the Application of: Hollis John Larson for a Change of Name, (MN App, Dec. 30,2019), a Minnesota state appellate court upheld a trial court's denial of a name change petition from an inmate who has been indeterminately civilly committed to the Minnesota Sex Offender Program as a sexually dangerous person. Petitioner sought to change his name to "Better Off Dead."  He claimed his religious belief involving Hinduism, Taoism, Buddhism, and Agnosticism motivates his petition. He contended that he believes to achieve reconciliation with the divine he must escape the cycle of birth, life, death, and rebirth by being and remaining dead. In rejecting petitioner's free exercise claim, the appeals court said said that the trial court had concluded that petitioner's asserted religious belief was not sincerely held and "state regulation cannot burden an insincere belief." Minneapolis Star Tribune reports on the decision. The court also rejected petitioner's free speech claim.

Settlement Approved In Muslim Woman's Suit Over Booking Procedures

Minneapolis Star-Tribune reports that a Minnesota federal district court last month approved a $120,000  settlement of a suit brought by a Muslim woman, Aida Shyef Al-Kadi, who was  required by Ramsay County jail officials to remove her hijab after she was arrested on a traffic offense.The report goes on:

Along with the $120,000 payout, the settlement includes having the jail put specific rules in place on how to accommodate inmates with religious headwear during the booking photo process.

The county, while not required by the settlement to admit wrongdoing, further agreed to destroy all hard copies and delete any electronic versions of Al-Kadi’s booking photo. Also, the Sheriff’s Office must train its corrections officers on policies concerning inmates and the religious accommodations they require. County Board Chairman Jim McDonough called the terms “fair and in the best interests of our citizens.”

Suit Filed Against Pharmacies That Refused To Fill Emergency Contraceptive Prescription

A suit was filed earlier this week in a Minnesota state trial court against two pharmacies and an individual pharmacist by a woman who was turned down at both pharmacies when she attempted to full a prescription  for ella-- a morning-after emergency contraceptive. The suit contends that defendants discriminated against plaintiff on the basis of sex, in violation of the Minnesota Human Rights Act. The Act defines "sex" as including pregnancy, childbirth, and related conditions. The complaint (full text) in Anderson v. Grand St. Paul CVS, LLC,(MN Dist. Ct., filed 12/9/2019) sets out the facts of plaintiff's discrimination claim:

[Anderson] had her doctor send [her prescription] to the McGregor Thrifty White pharmacy. She acted quickly because any delay in obtaining emergency contraception increases the risk of pregnancy. The pharmacist on duty told her that he would be unable to fill her prescription because of his “beliefs.” He also warned her against trying Shopko, another pharmacy in the surrounding area. The pharmacist did not provide Anderson with any information about how she could get her prescription filled.

Anderson next tried a CVS pharmacy in Aitkin, Minnesota, a town roughly 20 miles away. The CVS pharmacist also indicated that she could not fill the prescription. The pharmacist then claimed that she called a pharmacist at the Walgreens in Brainerd Minnesota, who told her that they could not fill the prescription either. Anderson later confirmed with that Walgreens pharmacist that they did speak with a pharmacist from CVS, but that they had told the CVS pharmacist that Walgreens could fill the prescription.

Though Anderson finally found a pharmacy that was willing to fill her prescription, it was over fifty miles from her home. Meanwhile, a massive snowstorm was headed to central Minnesota.  Given the increased risk of pregnancy from any delay in taking emergency contraception, Anderson drove over 100 miles round trip in the snowstorm in order to fill her prescription....

 NBC News reports on the lawsuit. [Thanks to Tom Rutledge for the lead.]

Ecclesiastical Abstention Doctrine Prevents Decision On Church Demolition

In Friends to Restore St. Mary's, LLC v. Church of St. Mary, Melrose, (MN App., Sept. 3, 2019), a Minnesota state appellate court held that the ecclesiastical abstention doctrine precludes a civil court from adjudicating a dispute over whether an arson-damaged church building is a “historical resource” protected under Minnesota Environmental Rights Act.  Plaintiffs sought an injunction to prevent demolition of the church building after the Bishop and the Diocesan Building Council recommended demolition and building of a new structure. The court concluded:

On the record before us, the decision to remove features of religious significance and demolish the church building is an internal decision that affects the faith and mission of the church. Appellant’s MERA claim cannot be adjudicated without violating the ecclesiastical abstention doctrine.

8th Circuit Vindicates Wedding Videograhers' 1st Amendment Claims

In Telescope Media Group v. Lucero, (8th Cir., Aug. 23, 2019), the U.S. 8th Circuit Court of Appeals, in a 2-1 decision, held that the 1st Amendment protects wedding videographers who refuse on religious grounds to produce videos of same-sex weddings. Minnesota contended that the refusal violates two provisions of Minnesota's Human Rights Act.  Judge Stras, writing for the majority, said in part:

Minnesota’s interpretation of the MHRA interferes with the Larsens’ speech in two overlapping ways. First, it compels the Larsens to speak favorably about same-sex marriage if they choose to speak favorably about opposite-sex marriage. Second, it operates as a content-based regulation of their speech....

Laws that compel speech or regulate it based on its content are subject to strict scrutiny....

... [R]egulating speech because it is discriminatory or offensive is not a compelling state interest, however hurtful the speech may be.

The majority also concluded that because the state's action burdens religiously motivated speech, the hybrid rights doctrine requires strict scrutiny. The majority remanded the case to the district court for it to decide whether the videographers are entitled to a preliminary injunction.

Judge Kelley dissenting, said in part:

 ... [T]he court tries to recharacterize Minnesota’s law as a content-based regulation of speech, asserting that it forces the Larsens to speak and to convey a message with which they disagree. Neither is true. The Larsens remain free to communicate any message they desire—about same-sex marriage or any other topic—or no message at all. What they cannot do is operate a public accommodation that serves customers of one sexual orientation but not others. And make no mistake, that is what today’s decision affords them license to do.

Reuters reports on the decision.

Cert. Filed: Do Parents Have Due Process Rights In Emancipation of Teen?

A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday in Calgaro v. St. Louis County. The petition frames the question presented as:

Whether parents’ Due Process Clause rights apply to local governments and medical providers ending parental rights, responsibilities or duties over their minor children’s welfare, educational, and medical care decisions without a court order of emancipation.

As described by the U.S. 8th Circuit Court of Appeals in its March 25, 2019 decision below (full text):

In May 2015, E.J.K. moved out of Calgaro’s home in St. Louis County, Minnesota. Calgaro never surrendered her parental rights, but E.J.K. obtained a letter from Mid-Minnesota Legal Aid describing E.J.K.’s father and Calgaro as “hav[ing] given up control and custody of their child.” The letter concluded that E.J.K. was therefore “legally emancipated under Minnesota law.”... Based on E.J.K.’s claims of emancipation, St. Louis County provided E.J.K. with funding for medical services and other living expenses, and E.J.K. obtained gender transition care from Park Nicollet Health Services.

Thomas More Society issued a press release announcing the filing of the petition for review.

Christian Group Settles Harassment Suit

Last week, a Minnesota state trial court entered a mediated settlement agreement in a case in which a lawyer had obtained a temporary restraining order against the Christian Action League of Minnesota.  As related by a press release from the Thomas More Society:

A local lawyer complained about postcards and emails the group sent to her because she advertises in City Pages. The correspondence informed advertisers that the metro Minneapolis-St. Paul alternative newspaper also promoted the adult sex trade and invited advertisers to reconsider supporting a media outlet that did so.

In R. Leigh Frost Law, Ltd. v. Christian Action League of Minnesota, (MN Dist. Ct., July 11, 2019), the court entered a mediated order dismissing the harassment restraining order, but requiring that for the next two years, Christian Action League may not contact petitioner by any means, including e-mail, social media, post cards, regular mail, phone or in person, nor may it encourage others to contact her or her employer.

Minnesota Diocese Settles With Abuse Victims In Bankruptcy Proceeding

The Diocese of New Ulm, Minnesota announced yesterday that along with area parishes it has reached a settlement in its bankruptcy proceeding with victims and survivors of sexual abuse.  The Diocese and area parishes, along with their insurance companies, will pay $34 million which will be distributed to claimants. The Diocese has also agreed to disclose the names of all clergy with credible claims of abuse against them. The eventual bankruptcy court order will bar all other claims that arose before confirmation of the plan of reorganization. AP reports on the settlement.

Satanic Temple Sues Over Withdrawal Of Permission To Erect Monument

Minneapolis Star Tribune reported yesterday that The Satanic Temple is suing Belle Plaine, Minnesota for its withdrawal of permission to erect a temporary memorial to fallen soldiers in Veterans' Memorial Park. The monument would have been the first Satanic monument on public property in the country. The paper reports on the sequence of events leading to the lawsuit:

... [I]n 2017 [the city approved a different organization's monument:] a steel silhouette known as “Joe” that depicted a soldier kneeling before a cross. Soon, someone complained that “Joe” violated constitutional separation of church and state.

City leaders, fearing a lawsuit, ordered its removal. That triggered weeks of vehement protests in the city.... So the council designated an area in the park as a “limited public forum,” open to temporary memorials to fallen veterans.

The Satanic Temple... applied to install its own monument.... The city granted a permit, and the temple designed a 23-inch black cube inscribed with inverted pentagrams and topped with an upturned helmet, which it planned to install in July 2017.

That plan prompted more protests. So exasperated city officials decided to shut down the limited public forum, ordering the removal of “Joe” and withdrawing permission for the temple’s monument.

[Thanks to Tom Rutledge for the lead.] 

Settlement Reached In Church's Suit Over Homeless Shelter Restrictions

Twin Cities Pioneer Press reports that on Wednesday the St. Paul, Minnesota City Council approved a settlement in a lawsuit filed against it by First Lutheran Church over hosting Listening House, a day shelter for the homeless, in the Church's basement.  Last July, a federal district court issued a preliminary injunction as to two of the conditions imposed on the use. (See prior posting.) A settlement was reached with Listening House in December. Under this week's settlement with the Church, the city agrees to alert religious institutions on its zoning forms of their RLUIPA rights, and to conduct a study of better procedures for land use applications by religious institutions. [Thanks to Evan Berquist for the lead.]

8th Circuit Oral Arguments In Wedding Videographers' Refusal To Serve Same-Sex Couples

The U.S. 8th Circuit Court of Appeals on Monday heard oral arguments (audio of full oral arguments) in Telescope Media Group v. Lindsey.  In the case,  a Minnesota federal district court rejected a challenge to a provision of the Minnesota Human Rights Act that requires plaintiffs, owners of a videography business that plans to offer wedding videos, to serve same-sex couples. (See prior posting.) Minneapolis Star Tribune reports on the 8th Circuit oral arguments.

Pastor Convicted of Sex Assault During Exorcism

The Minneapolis Star Tribune reports on last week's criminal sexual conduct conviction by a Minnesota state trial court jury of Morris Freeman, pastor of Grace Mountaineer Tabernacle Church. He was charged with sexually assaulting an unconscious woman while claiming to be exorcising a demon from her body. Sentencing is set for Nov. 9.

Court Refuses To Dismiss Church's Challenge To Zoning Conditions For Homeless Shelter

In First Lutheran Church v. City of St. Paul, (D MN, Aug. 8, 2018), a Minnesota federal district court allowed a church located in a residential are of St. Paul to move ahead with a variety of challenges to conditions imposed on its partnering with a homeless shelter. Plaintiff claimed that the conditions, among other things, violate its rights under RLUIPA, the 1st Amendment, the equal protection clause and provisions of the Minnesota constitution. However the court did dismiss it substantive due process challenge. The court had previously granted a preliminary injunction as to two of the conditions.

Conditions Imposed On Church's Homeless Shelter Violate RUIPA

In First Lutheran Church v. City of St. Paul, (D MN, July 2, 2018), a Minnesota federal district court granted a preliminary injunction against two conditions the city imposed on the church's partnering with Listening House in the use of the church's basement as a day shelter for the homeless. One condition was a requirement that a sign be posted restricting after hours use of church grounds. The church objected saying that visitors are welcome to enjoy its property at any time. The second condition limited the number of guests to 20 per day, even though 50 to 60 are typically served and the fire code capacity for the basement is 122. The court, finding a violation of RLUIPA, said in part:

With respect to the sign-posting requirement, the governmental interest furthered is the help the City needs to enforce trespassing.... Even assuming that aiding the enforcement of trespassing is a compelling governmental interest, entry onto First Lutheran’s property after hours is not trespassing because First Lutheran consents to people being on church property after hours.... 

With respect to the twenty-person limit, the City claims that the condition furthers the governmental interest in maintaining the residential character of the neighborhood.... The limit purportedly furthers this interest in two ways: by reducing the number of guests and thereby preventing overcrowding of a residential neighborhood, and by reducing petty offenses allegedly committed by guests. But, in practice, the limit is unlikely to further the City’s interest in either way....

First, it is unclear whether or how the limit will reduce overcrowding. As noted, demand is high for First Lutheran’s and Listening House’s services. As news spreads about the twenty-person limit, it is likely that more prospective guests will line up early in hopes of being admitted, which would cause more overcrowding in the morning hours....

Second, the limit is unlikely to reduce petty offenses.... If Listening House closed its doors tomorrow, its guests who are homeless or poor would still be homeless or poor, and the City would continue to experience the effects of homelessness and poverty. 

The court also found that the sign posting requirement amounts to unconstitutional content-based compelled speech.

Supreme Court Denies Review In Two Church Property Cases

Today the U.S. Supreme Court denied review in two unrelated cases involving disputes over church property after the break away of a congregation from its parent body..  It denied certiorari in Presbytery of the Twin Cities Area v. Eden Prairie Presbyterian Church, Inc., (Docket No. 17-582, cert. denied 6/11/2018) (Order List).  In the case, the Minnesota Court of Appeals held that it was proper to apply the "neutral principles of law" approach, rather than applying the ecclesiastical abstention doctrine, to decide ownership of property of a congregation which had disaffiliated from the Presbyterian Church USA. (See prior posting).

The court also denied certiorari in Protestant Episcopal Church in the Diocese of South Carolina v. The Episcopal Church, (Docket No. 17-1136, cert. denied 6/11/2018) (Order List).  In the case, the 5-member South Carolina Supreme Court in 5 separate opinions resolved a property dispute that arose after a split in the Episcopal Church in South Carolina. (See prior posting.)

Settlement Reached In Minnesota Catholic Diocese Bankruptcy

The National Catholic Reporter last week detailed a $210 million settlement with over 400 sexual abuse victims reached by the Diocese of St. Paul- Minneapolis in its bankruptcy reorganization.  $170 million will come from insurers, and $40 million will be paid by the archdiocese and parishes.  It is the largest settlement reached so far in any of the Catholic diocese bankruptcy cases around the country. [Thanks to Steven H. Sholk and Tom Rutledge for the lead.]

Suit Challenges Limits On Homeless Drop-In Center

In St. Paul, Minnesota last week, Listening House, a daytime drop-in center for homeless, disadvantaged and lonely people, filed suit against the city seeking to prevent enforcement of a City Council resolution imposing unworkable limits on the operation of the center at its new home in the basement of First Lutheran Church.  The complaint (full text) in Listening House of St. Paul, Inc. v. City of St. Paul, (MN Dist. Ct., filed 4/2/2018), contends that the restrictions are arbitrary and capricious.  The Twin Cities Pioneer Press reported yesterday that First Lutheran Church has now joined as a plaintiff in the lawsuit.