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Minnesota Court Recognizes Right to Sue Religious Institutions for Certain Wrongful Conduct by Clergy

By Howard B. Tarkow of Maslon Edelman Borman & Brand, LLP

The Minnesota Court of Appeals has ruled that a church may be sued and held liable to a congregant arising from alleged wrongful conduct by its pastor when rendering secular counseling services. The Court rejected the church's contention that the constitutional prohibition on state entanglement in religious affairs barred the lawsuit.

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