State v. Tenerelli
598 N.W.2d 668
Minn.
1999
Check Treatment

*1 exposure names and the and sexist racist Minnesota, Respondent, transport throughout breasts STATE suspect’s

of a prohibited. booking immunity official Granting police officers Anthony TENERELLI, Appellant. nothing in such conduct does engaging No. C3-98-318. ability effectively per their to further Supreme Court Minnesota. attempts their duties. The court form immunity justify granting its of official 5, Aug. testimony that through “appellants’ Rehearing Sept. Denied police officers scene was tense safety their own were concerned for However, concern accordingly.”

acted safety justify does not such behavior.

one’s

Quite name-calling and contrary, such

demeaning already in an tense situ actions only

ation can serve to escalate the exist Accordingly, conflict. the use of such police place

names officers has no Richardson,

governmental conduct. See

307 Minn. at at 203. Such N.W.2d wholly inappropriate,

conduct is is irrele

vant of the official performance officer, police

duties of a and should never “discretionary

be condoned as conduct” immunity.

shielded official

I would remand this case for new trial.

Furthermore, should the new result finding

in a infliction of emo- intentional

tional name- distress as result of the

calling I exposure, would hold immunity applica-

doctrine of official is not

ble to such acts.

PAGE, (dissenting). Justice join

I the dissent Justice Gilbert. *2 Hatch, Gen., A. Atty.

Michael Susan Ga- ertner, Ramsey County Attorney, Darrell Hill, Paul, County Attorney, C. Asst. St. respondent. for OPINION BLATZ, C.J. Tenerelli,

Appellant, Anthony was con- of victed assault in the second and fifth degrees Txawj Xiong for an attack on prison. Txawj sentenced to 73 months then a victim filed statement a request pursuant for restitution §§ Minn.Stat. 611A.04 and 611A.045 (1996). He restitution for requested vari- expenses, relating ous including those known Hmong ceremony traditional as Hu Plig Hu Plig. involves the sacrifice live animals to of someone heal the soul who has been physically emotionally harmed. The that Txawj trial court found Xiong was for entitled to restitution majority expenses, including most of his Hu expenses relating cere- mony. Appellant appealed portion granting court’s order restitution expenses relating for to the Hu cere- affirmed mony.1 appeals court of appeal trial court’s order and followed. (Minn. Tenerelli, State v. See 583 N.W.2d App.1998).

Appellant claims that section 611A.04 does not the state to order restitu- allow Further, ceremony. tion for Hu if appellant claims that section 611A.04 allow does the state to order restitution Plig ceremony, for the then section applied violates the Establishment Clause the United States Constitution Stuart, John M. Minnesota State Public and article section of the Minnesota Defender, Korzenowski, E. Special Scott Constitution Defender, Assistant Public Lindquist State P.L.L.P., ceremony. hold that section 611A.04 Minneapolis, & Vennum We ap- for pellant. allows the to order restitution trial court (Minn. 20, 1998). Appellant Appellant appeal May also filed a direct nied could conviction, appeal which was affirmed. See State v. order in his direct the restitution Tenerelli, C2-97-1045, appeal was not issued No. WL 113995 because the order until 17, 1998), pet. (Minn.App. appellant March rev. de- after had filed his brief. sacrifice, a ceremony, the animals for ceremony. We roast, his bur- pay failed to meet costs incurred to pig

hold that demonstrating that den of to conduct the a shao woman religious and thus ceremony was result- expenses to the other When added implicat- is not Clause the Establishment assault, Txawj Xiong’s report- ing from the *3 ed. $2,304.61, itemized as expenses ed totaled of second and follows: convicted

Appellant was in an at- for his role degree fifth assault T-shirt Replacement $15.00 Automobile repair $894.46 Txawj Xiong suf- Xiong. Txawj on tack Plig for Hu ceremony Suit $380.00 in his back wounds fered two stab Plig Hu Shirt for ceremony $20.00 Plig for Hu Cowfor sacrifice ceremony $540.00 stabbing occurred sutures. The required Plig Pig Hu for sacrifice for ceremony $90.00 and son. wife in front of Plig for for Hu cere- Two chickens sacrifice $10.00 conviction, he was mony appellant’s Following Plig Pig for Hu Roast ceremony $155.15 in prison. to 73 months sentenced Hu ceremony Shao woman to conduct $200.00 statement, a impact filed a victim Xiong objected expenses to all of the Appellant restitution, an affidavit request for and the relating Plig ceremony, to the Hu and 611A.045. to sections 611A.04 pursuant hearing held a to determine trial court au- repair restitution to requested He At the August restitution in the assault damaged that was tomobile the court noted for the record hearing, ruined replace his T-shirt that was and to impact statement had been that a victim re- stabbing. of the He also as a result court, which included the submitted expenses relating quested restitution trial provided by Yang. The information Plig ceremony. Hu portion to read the of the court went on statement, impact prepared The victim regarding the Hu impact victim statement department and filed by the corrections hearing into the record. Plig ceremony court, expertise relied on the with the Yang Hmong Txawj Xiong’s request of the American opposing of William contacted a Partnership. Yang restitution, was presented testimony provide probation department official Neng Xiong, a native Laotian famil- ceremony. Ac- information on the Xiong Hmong Neng iar culture. with by Yang cording provided to information years, had lived in the United States for 13 statement, in victim in degree had earned a bachelor’s a “to the soul of restore degree a master’s cultural sociology, victim, normally person a a who has been a law de- pursuing and was anthropology, emotionally traumatized.” physically In addi- hearing. at the time of the gree belief, Yang held explained “deeply education, he raised tion to his formal was particularly among Hmong elders of the Hmong family and his fa- in a traditional community, that without the restoration ther was shaman. ceremony the become sick and person will Xiong percent testified that 90 Neng is over- eventually die.” The Hmong people living the United shaman, leader spiritual seen who is a age over the of 402 who have Hmong community. States Christianity still believe converted to The Hu involves the sac- cere- Hmong practices the traditional animals, rifice of and for Neng Xiong agreed Yang’s monies. cow, ceremony a and two chickens pig, description of the ceremo- general Family typi- were used. and close friends questioned by ap- when ny. Specifically, attend, beneficiary cally examination, Neng pellant on redirect guests. ceremony provides food for the Xiong declined to characterize Txawj Xiong’s expenses for the during and shirt to be worn were for suit Txawj Xiong years at the time of the offense. was 44 old argu- These the Minnesota Constitutions. testified

Neng Xiong . a Hu needed for number of animals ments will be addressed turn. severity

ceremony depends on consulta- injuries. Based on his

victim’s I. in the com- tions with three elders Appellant claims section that the sacrifice of munity, he understood 611A.04 does not allow the trial court to for a animals would be four Hu Plig order restitution for the ceremo did not be- “major” injury. he ny. interpretation While we review the sacrifice of all four animals lieve novo, statutes de see Doe v. Minnesota necessary the instant case because Exam’rs, Bd. Med. State N.W.2d Neng Xiong sustained what (Minn.1989), given trial courts are *4 injury. characterized as “medium” restitution, awarding discretion in broad hearing, the trial court Following the Maidi, 284-86 see State N.W.2d of adopting testimony an order issued (Minn.1995). statement, the victim Neng Xiong, 611A.04, 1(a), subd. provides: Section for restitution and affidavit as request include, A for restitution request The court findings the court’s facts. to, any out-of-pocket but is not limited Txawj Xiong that was enti- then concluded crime, resulting losses includ- restitution, for and award- tled to order from costs, $1,894.51. ing therapy replace- medical and in ed restitution the amount of * ** services, wages court restitution for the ment of disallowed suit and shirt because those items would expenses. funeral Further, subject future use. be added.) (Emphasis court did not allow restitution for the two recognized have that this broad We chickens, Neng Xiong’s testimony language gives significant the trial court that the sacrifice of the demonstrated to award restitution for a vic discretion given chickens would be excessive Maidi, expenses. tim’s See 537 N.W.2d at Thus, injuries. the trial court or- Xiong’s Thus, “may we not construe the stat following restitution for the losses: dered exempt types expenses, ute to certain 15.00 T-shirt Replacement $ Automobile repair may consider these ex though even we $894.46 n * * pig for sacrifice for Hu Cow $629.90 inappropriate. To do so penses Pig Roast for Hu contrary language $155.15 run to the clear would woman to conduct Hu Shao $200.00 * * * * * *, delegat 611A.04 section[ ] earlier, appellant only chal- As noted sentencing the decision to the court.” ing lenging portions those of the restitution Id. that result from the Hu ceremo- order in v. Maidi Our recent decision State ny, totaling $985.05. scope of section demonstrates broad ap- that court of Appellant claims Maidi, In we affirmed an order of 611A.04. peals affirming the trial court’s erred granting the trial court restitution resulting restitution order for those costs expenses ap- when the counter-abduction In Plig ceremony. support from the Hu interfering was convicted of pellant claim, appellant arguments. raises two in violation of rights or custodial parental First, section appellant argues (6) (1994). 609.26, 1(4), § Minn.Stat. subd.' not allow the state to order 611A.04 does The trial court Maidi Id. at 281. Plig ceremony. restitution for $147,251.27 incurred expenses awarded Second, section appellant argues counter-abducting by the victim-mother applied 611A.04 as violates the Establish- Algeria. children from Id. The victim States and her ment Clauses United Therefore, modify $630.00. be we the res- trial court calculated the cost of 3. While the $629.90, receipts error and award pig titution order to correct this the cow and to be $0.10. an additional trial court show the actual cost filed with the stat Program presume tions. We Minnesota the ‘International “contacted had constitutional, power and FBI and “our of former CIA utes are a team Group,’ and retained them to should agents, forces declare a statute unconstitutional special Algeria.” her children recover be exercised with extreme caution vi- the counter-abduction Apparently, only absolutely necessary.” when In re Id. at 286 Algeria. (Minn. olated the laws Haggerty, 448 N.W.2d J., dissenting). (Page, 1989) (citation omitted). appel Because challenges constitutionality lant of sec case, appellant ar present In the 611A.04,appellant tion bears the burden of awarding court that the trial erred gues demonstrating beyond a reasonable doubt heal restitution for that a constitutional violation has occurred. support argu of his ing ceremony. (citation omitted). Id. ment, language set appellant relies 611A.045, 1(a)(1), subd. appellant, forth section Because the burden rests with that the trial court consider “the requiring demonstrate appellant must first sustained amount of economic loss

victim a result of the offense” award religious ceremony. If does not claims that the Appellant restitution. burden, initial then we need not meet this ceremony are too *5 expenses of the Hu consider the substance of his constitutional crime to appellant’s far removed from argument. an economic loss. qualify as Appellant provide failed to suffi However, on by ap the subdivision relied the trial court cient evidence before scope limit of section pellant does not satisfy Appellant Neng his burden. called 611A.04, 1(a), explicitly pro which subd. Hmong sociology expert as request vides that for restitution “[a] anthropology. and cultural On redirect include, to, any not out-of- but is limited examination, if Hu Neng Xiong was asked pocket resulting from the crime.” losses “partially religious ceremony.” clearly unambig and language This broad Neng Xiong replied that: uously to award restitu leaves decision It say is difficult to the tradi- court, tion to the discretion of the itself, that, my understanding tion subject of its to review of an abuse discre studies, my anthropology cultural tion. religion that a has to be a form of belief statutory language of Given broad that is institutionalized. But at case, section 611A.04and the record also, time the a kind Hmong same this is

we conclude that the trial court was within of a form of belief from thousands of ordering its discretion in restitution for the ago and years thing has never been Txawj Xiong’s Plig ceremony. costs of yet. institutionalized appellant’s next address claim that We above, As discussed the burden of demon- section 611A.04 the Establishment violates strating Txawj Xiong’s cere- of the and Minneso- Clauses United States mony appellant, was rests with ta Constitutions. Neng Xiong’s pro- and statement does not vide evidence to overcome this burden.

II. - Appellant also relies on the information argument, ap As an alternative provided by Yang in the victim as pellant ap claims that section 611A.04 indicating statement plied violates the Establishment Clauses performed by Minnesota was the United States and Constitu- 611A.04, 1(a), therapy. Specifically, Yang 4. We note that section subd. char- provides healing ceremony also for restitution for "medical acterized Hu as a therapy a find- costs.” The trial court made person physically "a who been or emo- has fact, record, supported by that to tionally traumatized.” many Hmong people is a form of Const, This First Amend amend. I. that the cere- U.S. his claim support shaman con religion while has provision ment been mony religious. thought of as Free guarantees, can be strued to have two shaman leader, that shamans indicates the record and the Establishment Exercise Clause Hmong functions other also serve the amendment has two Clause. While Further, record indicates community. only appears guarantees, religion the word people who that even some of this one word once and the definition Christianity continue to have converted See Everson v. governs guarantees. both ceremonies. in these traditional engage Educ., 1, 32, Board 330 U.S. 67 S.Ct. (1947) J., (Rutledge, 91 L.Ed. 711 and minimal the lack of evidence Given Rutledge said dissenting). As Justice court, has the trial record before his dissent: demonstrating that burden of not met his ceremony was reli- Hu, meanings, It does not have two [religion] trial court and Accordingly, the

gious. one narrow to forbid “an establishment” determined appeals properly court of another, broader, securing much United the Establishment Clauses free exercise thereof.” “Thereof’ “the are Constitutions and Minnesota States entire brings “religion” down with its claim that appellant’s implicated content, less, and no and exact no more is with- is unconstitutional section 611A.04 guaranty, into the second from the first merit. out Congress and now the states are so concerning the one broadly as restricted Affirmed modified. as regarding the other. (concur- ANDERSON, H. Justice PAUL religion or a reli- Accordingly, Id. what ring specially). regardless is relevant gious practice *6 majority’s holding I concur with the Exer- guarantees, two Free which of the that, language of Minn. given the broad Establishment, being construed. cise or (1998), § the district court Stat. 611A.04 religious not a is and what What ordering ap- in acted within its discretion question difficult to answer practice is a pay to restitu- Anthony Tenerelli pellant many an has in and the search for answer Hu tion for the costs arbitrary contradictory and cases led to majority’s con- Plig. agree I with the also tests for re- court-prescribed when results did not' meet his clusion Tenerelli applied. have Such ligious practices been demonstrating burden of in nature and sub- tests are indeterminate practice— Xiong’s religious was a general in level of ject to variations the record the simply we do not have the employed. example, For when scrutiny prudently to con- necessary information test, developed three-pronged Lemon the or clude that Clause, the interpreting Establishment practice. sepa- I write religious was not a rigor, the test “applied particular however, important it is to rately, result, in a yet applied when yields one I principles on which legal set forth the facts, way to the same set of less-exacting base this conclusion. yield equally made to the test can be The contradictory result.” plausible, but Practice Religion Religious A. and/or Supreme to The Court Companion Oxford prohibits Constitution The United States (Kermit Hall, L. 719 the United States or endors- directly promoting a state from 1992) al., eds., (referencing Lemon v. et activity. The ing religion or 602, 2105, Kurtzman, 29 403 U.S. S.Ct. to the United States First Amendment (1971)). L.Ed.2d 745 Constitution states that: Nevertheless, Supreme Court has respecting no law Congress shall make fol- principles certain be articulated prohibit- or religion, an establishment of wheth- determining courts when lowed free exercise thereof. to determine whether the In ord before us religious practice. a activity is er an Ballard, 78, 64 322 U.S. conducted for the benefit of United States (1944), 882, Justice L.Ed. 1148 S.Ct. religious practice. a Xiong constitutes that: Douglas stated on the nature of the Hu The record what cannot believe may Men (1) parts: of two main the victim consists may put not They be prove. included with Tenerelli’s impact statement religious doctrine or be- of their proof (2) report and presentence investigation experiences- which are Religious liefs. testimony Neng Xiong at the resti- incompre- be as real as life some hearing.1 part The relevant to others. tution hensible reads as follows: victim statement 86, States v. 64 S.Ct. 882. United Id. 163, 85 S.Ct. Seeger, 380 U.S. Ramsey County Richardson of the Mark (1965), attempted the Court L.Ed.2d 733 contacted Department Probation Wil- granting exemption develop a test for Hmong American Yang liam objectors who did claims for conscientious Partnership. Yang Mr. informed Mr. religious sect. belong to an orthodox Richardson that so, the Court stated: doing Before Plig.” reported “Hu He was known as think, with the quarrel, we Few would a to restore the that this was field of human proposition that no victim, normally person who soul of language tool of endeavor has the physically emotionally has been trau- inadequate in the communica- proved so Yang deeply matized. Mr. described a dealing it has in with the tion of ideas as belief, particularly among held elders of predica- questions fundamental of man’s community, that without the life, judg- or in final ment in death This fact makes person ment and retribution. restoration will be- intent of Con- discerning the task of eventually Yang die. Mr. come sick “Supreme Be- gress using phrase shaman, that a stated it made the ing” complex one. Nor is Hmong community, leader over- variety easier the richness Plig typically sees this country. spiritual life our animals, in involves the sacrifice of then 85 S.Ct. 850. Court cow, pig, Upon and chickens. case *7 on to hold that a court must decide went sacrificing the animals the shaman is objector’s sincerely are whether an beliefs reported inspect aspects to various objectively held and whether animals, commonly the sacrificial the same occupies] the claimed belief tongue and feet in an effort to determine objector place in as an the life of whether the restoration has been suc- in in the life of orthodox belief God holds cessfully performed. Traditional belief clearly qualified exemption. one replaced by is that the victim’s soul is Id. at were not 85 S.Ct. 850. Courts Yang that of animals. Mr. require proof to doctrines reported generally that the is they reject nor were to beliefs because the by family other attended members and comprehensible. beliefs were not community the Hmong members of who 184-85, 85 S.Ct. 850. the victim. The are close to Regarding Xiong’s B. The Record normally provision includes the of food Hu Plig attendance, beverage and to those in person benefiting from paid holdings It in and the context of these ceremony. principles consider the rec- the Hu we must Laos, sociology, degree Neng Xiong Hmong, gree in a master's in cultur- was born emigrated to the United States when he was anthropology, and a student at the al was law years at the time he old time he testified. Neng Xiong a de- testified. holds bachelor's studies, witness, my cultural Xiong, anthropology testi- Neng Tenerelli’s Hmong reli- familiar with religion fied that he was that a has to be a form of belief shaman, father was a gious practices is institutionalized. But at —his leader —and that on Hmong religious also, Hmong same-time the this is a kind accompanied he “couple [of] occasions” of a form of belief from thousands of he observed rituals places father to where years ago thing has never been took When asked part. in which his father yet. institutionalized Hmong traditional accepted if he added.) (Emphasis “at teaching, Neng Xiong responded, .this Neng Xiong also testified he did time, Neng Xiong much.” stated not so if Xiong know and did not know discussed, time to time he has that from Txawj Xiong was an elder. When asked elders, Hmong traditional particularly [Txawj Xiong] “the extent of what consid- ceremonies, healing activity. teachings, injury or how much soul he ered his feels there is a traditional He testified lost,” Neng Xiong responded he that he that, of a trau- Hmong belief as the result can his did not know. There is no other informa- injury, person matic event or lose a shaman soul and thus need tion on the record that clarifies whether com- agreed Hmong that elders He Txawj Xiong Hmong is a elder and the involved in tradition- munity especially degree accepts practices to which he He stated that al ceremonies. Hmong religious traditional beliefs.2 living in percent Hmong elders about who have not converted the United States Support Unequivo- Record Does Not C. traditional Christianity accept still cal Conclusion that healing ceremony. shaman Religious Not a Was Was specifically then testified Neng Practice Plig ceremony. the Hu The number about key analysis The to our of whether depends of animals sacrificed and kind is or is not a reli- injury upon big how or small the is. gious ceremony turns on the fact that it determines, beneficiary of the Hu af- there are levels at which appears different elders, the ter consultation with his own the Hu is conducted. The number and kind of animals to be sacri- that, depending upon record indicates cow, A and a chicken pigs, ficed. two beneficiary, belief of the appropriate major injury, would be for a may circumstances be a cultural and some egg also. would but cow one be others, and, social be “very injury.” for a serious Thus, religious practice. part, least Plig. of Hu There are different levels Some the Hu question of whether Christianity Hmong who have converted depend on the nature religious appears participate Plig, but then *8 the individual for whom of the beliefs of shamanism, the real but “perform do not The victim the is conducted. spirit.” Neng Xiong do call went Txawj that impact statement indicates say “culturally evolv- the is through a'Hmong traditional Xiong “went social, ing” important and that “it is as ceremony,” there is no evi- but calling purposes.” well as the ritual When Txawj Xiong’s be- dence on the record of religious if Plig partially asked the is clarifying liefs and no information on his ceremony, Neng Xiong stated: purpose having or his beliefs say in the tradi- It is difficult to that, itself, Xiong conceded that it was Plig. Neng is my understanding tion dispute Partnership described a there is no as American 2. The dissent states that belief, among "deeply particularly elders Txawj Xiong’s "deeply Unlike held held belief.” dissent, Hmong community,” but there is noth- support for I am unable to find this statement direct- the victim in the record to link this statement in the record. In statement, Xiong. Yang ly to beliefs of the victim William say analysis whether the Hu need to conduct an of whether the for him difficult religious practice, according but was a Establishment Clause of the U.S. Constitu- studies, he under- anthropological § to his tion and art. 16 of the Minnesota must be institutionalized stood that a belief implicated were Constitution violated. Hu Plig and that the is not religious to be some comment on this institutionalized. point proceed warranted. Courts must every with case considerable caution on this that there is much record

While exercising when their broad discretion believe that under certain leads me to making restitution under Minn.Stat. Plig may a Hu be whole circumstances § They 611A.04. must do so to ensure that it unclear part religious, or in whether there no concerning entanglement beliefs his Hu excessive cultural, mix religious, Here, or some religion. the district court deter- Clearly both. there is insufficient evi- upon mined that based the nature and conclude, does, that dence to dissent injury by Txawj extent of the suffered dispute in this case that the there is no Xiong, a Hu that includes the sacrifice position supports victim’s belief cow, a pig, and two chickens is exces- was a particular this sive because of the two chickens sacrificed. Had we had sufficient information to con- religious, clude that the Hu concludes, majority Ultimately, as the district court’s determination that the sac- this case must be decided on the basis of proof who has the burden of and whether rifice of two chickens was excessive would party carried his has burden. Tener- uncomfortably entangling come close to elli, by challenging constitutionality religious authority. courts with When 611A.04, § application of Minn.Stat. courts exercise their broad discretion in proving paying has the burden restitution, granting they must be ever restitution for Hu Plig is dimly perceived mindful of the “lines of heavy unconstitutional. This is a burden. extraordinarily demarcation sensi- making a constitutional challenge, When Lemon, tive area of the law.” U.S. party beyond must demonstrate reason- 613, 91 S.Ct. that a able doubt constitutional violation Haggerty, has occurred. In re GILBERT, (dissenting). Justice (Minn.1989). 363, 364 N.W.2d Tenerelli’s I respectfully ordering dissent. res- for, argument may contain some merit Plig ceremony, titution for the Hu which certain circumstances to certain indi- involves the sacrifice of animals to restore viduals, Plig may well be a reli- soul, the victim’s the trial court evaluated Nevertheless, gious ceremony. Tenerelli significant and delved into religious and has failed to demonstrate that spiritual traditions. This constitutes ex- Xiong’s was conducted at “level” entanglement, cessive and thus the trial such that it must be viewed as a court’s application of the restitution stat- practice rather than at a level does ute violated the United States and Minne- not meet the constitutional for a standard Const, sota Constitutions. See U.S. religious practice. Accordingly, given the Const, I; I, § amend. Minn. art. § language broad of Minn.Stat. 611A.04 granted discretion broad provides The United Constitution States *9 court, district the court did not err when it generous accommodation of all faiths and pay ordered Tenerelli to restitution for cultures and their various forms of reli certain Plig costs associated with the Hu gious expression. generally Lynch See v. Txawj Xiong. conducted for the benefit of 668, 673-78, Donnelly, 465 104 U.S. S.Ct. 1355, (1984); 79 L.Ed.2d 604 see also Hill- Tenerelli has carry Because failed to showing Murray Hill-Murray burden of the Hu at Fed’n Teachers v. of (Minn. Sch., 857, issue was a religious practice, High there is no 487 N.W.2d 865

677 I, religious, whether a belief is 1992) art. to determine Const. (construing Minn. sincerely it greater protection a court must decide whether is § to afford even by is, the than that afforded objectively, liberties whether it reli religious held and Constitution). indi affording In 184, Federal id. at 85 S.Ct. 850. gious. See their pursue opportunity the viduals dispute regard- There is no this case howev practices, and religious own beliefs ing sincerity deeply the of the victim’s held er, exces may not become government the is, however, dispute as to belief. There impermissibly entangled with or sively Plig healing the Hu or soul resto- whether Lemon religion. See supportive ceremony religious. is This court ration 612-13, Kurtzman, 602, 91 S.Ct. 403 U.S. determine the resolution of that now must (1971). 2105, pass To con 29 L.Ed.2d 745 religious ques- to the dispute. answer muster, action governmental stitutional dependent tion is on whether ceremo- must have a purpose, have a secular must life ny “occupie[d] place victim’s] [the advances nor effect that neither principal by the belief parallel to that filled orthodox ‘an and “must not foster religion, inhibits 166, In in God.” Id. 85 S.Ct. 850. government entanglement excessive ” Plig ceremony that the Hu concluding (citation omitted). “Judi religion.’ Id. ignored the trial court religious, not must against entanglement cial caveats test, relying exclusively on Seeger instead separation that the line of recognize [be that the cere- expert an witness’ statement contact necessary permissible tween mony had not been “institutionalized.” be entanglement], excessive far from indistinct, blurred, ‘wall,’ ing a is a Had the trial court used the all the cir depending variable barrier on whether the Hu determining test relationship.” a particular cumstances of ceremony religious, undisput- was several 614, Id. at 91 S.Ct. 2105. have led it to the conclusion ed facts would appeals both The trial court and court of religious. that the was Accord- Plig ceremony determined that the statement, to the victim which and, religious accordingly, required ap- record, the Hu is not contradicted for the cost of the pellant pay ceremony is based on the belief that finding lower courts erred in that of replaced by “victim’s soul is ceremony was not reli- that the Hu animals,” the restoration and that without exclusively on the testi- gious based almost Plig ceremony, through the soul mony Neng Xiong, who declined eventually victim will become sick and Plig ceremony as a characterize the differ Although specific practices die. it had not been religious ceremony because many religions focus among religions, However, the “institu- “institutionalized.” and restoration of the soul. the existence adopted by test tionalization” Furthermore, objective not conform to the court does man”) (“holy performed by shaman Su- test established the United States woman”). It undis- (“holy shao woman Seeger, States v. preme Court. See United holy people in the record that these puted 184, 850, L.Ed.2d 380 U.S. S.Ct. Hmong com- “religious in the leaderfs] are (1965). Thus, they objectively munity.” Seeger, Supreme the United States as other vital variety “the richness and recognized Court religions. officials are other country” life in our spiritual Thus, met his burden of has religions these expression diverse forms of is, from that the Hu proof 850. The 85 S.Ct. encompass. regard- objective perspective, religious, if it is that a belief is Court stated of that cere- the institutionalization less of oc- meaningful that] [belief a “sincere and mony. possessor place the life of its cupies en- excessively The trial court became that filled the orthodox belief parallel to *10 and Thus, by picking 165-66, tangled religious beliefs 850. Id. at 85 S.Ct. God.” 678 Lemon, 612, at of the Hu stitutional law.” 403 U.S. portions

choosing what compensable. “Ordinarily political The trial 2105. debate ceremony were S.Ct. division, pay restitu- even vigorous however or court ordered two of the sacrificed partisan, healthy the costs' of are normal and manifes- tion for However, animals, the pig. system gov- a cow tations of our democratic ernment, that the victim determined political along trial court then but division reli- restitution for the sacri- was not entitled to evils gious principal lines was one the because, on chickens based the fice of two against which the First Amendment was injuries, that sacri- 622, of the victim’s extent protect.” intended to 91 S.Ct. inappropriate (citations omitted). It is fice was “excessive.” necessity the trial court to evaluate for the se though may per Even this case religious the victim’s aspects of certain political along religious involve divisions practices and disallow reimbursement lines, majority’s decision leads to trial court does not practices those potential broader ramifications and to the “appropriate.” deem related to reli- political divisiveness stated, Douglas may “Men As Justice gious practices. power beliefs and The prove. They believe what cannot state, courts, through has been may put proof not be of their reli- against appel- invoked the wishes of the or beliefs.” United States gious doctrines lant, compelled support who has been Ballard, 78, 86, 882, v. 322 U.S. 64 S.Ct. portions religious and maintain of this (1944). ‘truth’ of a be- “[T]he L.Ed. 1148 practice.' Supreme As the Court reminded question, open [and thus] lief is not Lemon, difficulty us is that [only] significant ques- there remains religious courts must now draw the lines of ” ‘truly belief] tion whether held.’ [the 612, demarcation. 2105. See id. S.Ct. 185, 850. Seeger, 380 U.S. at 85 S.Ct. This area now become a battle of majority of lower courts and the this court experts religious spiritual practices entanglement avoid the excessive issue bounds, except with no what a discernable classifying Plig ceremony as non- judge determines to or non- be dis- religious. previously excessive. cussed, Seeger objective under the test the I Accordingly, would reverse the court religious. Accord- of appeals quickly and the trial court and only ingly, the trial court have de- should religious remove the courts from are- termined whether the victim’s belief was na. held, sincerely undisputed an that is issue in this case. Yet the trial court went on to

require prove the victim to that his reli-

gious practices beliefs and were not “ex-

cessive,” thereby thrusting judiciary spiritual

into the realm. The MARTIN, Relator, William A. majority opinion now ratifies this error continuing require prove victim to the appropriateness of his beliefs. COMPANY, INC., C.F. ANDERSON “appropriate” Judicial determination of re- Casualty, and Aetna Life & ligious practices constitutes excessive en- Respondents. tanglement places judiciary No. C1-99-747. position. untenable Supreme Court Minnesota. must

We heed the United States Su- preme warning mixing gov- Court’s about Aug. “[cjandor religion: compels ernment and Rehearing Aug. Denied * * * acknowledgement only that we can dimly perceive the lines of demarcation in Russell, Loraas, James Loraas & Lo- extraordinarily sensitive area of con- raas, Burnsville, for relator.