Legal Opinion · Dissent

Black v. Snyder

Court of Appeals of Minnesota

Decided June 18, 1991No. C5-91-71Published

1DissentRandall, Judge

I respectfully dissent. Susan Black’s sexual harassment claim against St. John’s Lutheran Church in civil court was properly dismissed by the trial court because of the United States Constitution’s prohibition against excessive governmental entanglement with religion.

The First Amendment of the United States Constitution provides:

*722Congress shall make no law respecting an establishment of religion * * *.

U.S. Const., amend. I. The Fourteenth Amendment of the United States Constitution makes the establishment clause applicable to the states.

The Supreme Court has developed a three-part test for…

2Cases cited6 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  3. Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. YeakelCourt of Appeals for the D.C. Circuit · 1990
  4. Rev. Anne Scharon v. St. Luke's Episcopal Presbyterian Hospitals, a Corporation, and the Rev. J. Edwin HeathcockCourt of Appeals for the Eighth Circuit · 1991
  5. Dayton Christian Schools, Inc. v. Ohio Civil Rights CommissionCourt of Appeals for the Sixth Circuit · 1985

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