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Law Against Clergy-Counselee Sexual Relationships is Constitutional

Minnesota Supreme Court rules state law against sexual relationships within clergy-counselee relationships doesn't violate the religion clause.

Key point 8-12.5. Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. It consists of both "quid pro quo" harassment and "hostile environment" harassment. Religious organizations that are subject to Title VII are covered by this prohibition. An employer is automatically liable for supervisory employees' acts of harassment, but a defense is available to claims of hostile environment harassment if they have adopted a written harassment policy and an alleged victim fails to pursue remedies available under the policy. In some cases, an employer may be liable for acts of sexual harassment committed by nonsupervisory employees, and even nonemployees.

The Minnesota Supreme Court ruled that a state law making it a felony for clergy to engage in sexual contact with counselees in the course of spiritual counseling did not violate the First Amendment's ...

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Posted:
  • August 26, 2014

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