State v. Wenthe, 839 N.W.2d 83

Wenthe, a Roman Catholic priest, allegedly engaged in a sexual relationship with a parishioner, A.F., after a history of confidential spiritual guidance.
Two Minnesota clergy-sexual-conduct statutes criminalize sexual relationships between clergy and parishioners under specific solicitation/meeting contexts.
Wenthe was convicted on the count covering sexual conduct during a private meeting for religious guidance; another count was acquitted.
The court of appeals reversed as applied challenges under the Establishment Clause; the supreme court affirmed in part and reversed in part, remanding for further proceedings.
The central question is whether Minn. Stat. § 609.344, subd. 1(i)(i), facially or as applied violates the Establishment Clause under the Lemon test.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the statute facially violates the Establishment Clause.	Wenthe: statute lacks secular purpose and discriminates against clergy.	State: statute serves secular protection; neutral toward religion.	No facial Establishment Clause violation.
Whether the statute as applied to Wenthe violates the Establishment Clause.	Wenthe: application entangles religion excessively and coerces religious doctrine.	State: application uses neutral, secular standards; limited entanglement.	No as-applied Establishment Clause violation.
Whether the trial evidence created excessive entanglement with religion under Bussmann concerns.	Evidence mirrored religious doctrine to secure conviction.	Evidence largely secular, focused on statutory elements; no entanglement.	Evidence did not create excessive entanglement; no reversal on entanglement grounds.

State v. Bussmann, 741 N.W.2d 79 (Minn. 2007) (facial vs. as-applied Establishment Clause analysis; entanglement concerns discussed)
Bowen v. Kendrick, 487 U.S. 589 (U.S. 1988) (neutral treatment of religious and nonreligious groups; primary effect not necessarily religious)
Walz v. Tax Comm'n. of the City of New York, 397 U.S. 664 (U.S. 1970) (tax exemptions for religious organizations upheld under neutral scheme)
Ideal Life Church of Lake Elmo v. County of Wash., 304 N.W.2d 308 (Minn. 1981) (neutral treatment within broader statutory scheme for tax purposes)
Jones v. Wolf, 443 U.S. 595 (U.S. 1979) (neutral principles in church-state entanglement analysis)
Odenthal v. Minn. Conf. of Seventh-Day Adventists, 649 N.W.2d 426 (Minn. 2002) (courts use neutral principles to avoid entanglement with religious doctrine)
Lee v. Weisman, 505 U.S. 577 (U.S. 1992) (Lemon test framework applicability to state action involving religion)
Edwards v. Aguillard, 482 U.S. 578 (U.S. 1987) (Lemon test validity and application in Establishment Clause cases)