06-13-2000 Council Agenda - Laserfiche WebLink

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Mr. Hanson June 9, 2000 Page Two In summary, Minnesota cities are authorized by statute to establish and maintain recreational facilities and programs with public fiords and are authorized to operate such facilities and programs independently or in cooperation with any nonprofit organization. As discussed, Minn. Stat. §471.15 and §471.16 provide that a city may acquire and maintain recreational facilities and may do so in cooperation with a nonprofit organization. In determining whether the city can cooperate with St. John's Catholic Church in compliance with the statute, St. John's Church trust be a "nonprofit organization ". Minn. Stat. §317A.051 discusses the. scope of nonprofit corporations and specifically states that the chapter does nos apply to religious corporations authorized by Minn. Stat. Chapter 315 unless they are formed under Chapter 317A. Accordingly, the first question to St. Johffs Catholic Church must be whether it is incorporated as a "religious corporation" or as a "nonprofit corporation ". Under federal law, religious corporations are "tax exempt" (26 USCA 501(c)), If St. John's Catholic Church does not meet the statutory definition of a "nonprofit corporation" then technically it does not meet the statutory requirement set forth in the .Minnesota Statute 471.16 and the constitutional question becomes irrelevant. If it is determined that St. John's Catholic Church does meet the statutory definition of a "nonprofit organisation" then the remaining issue is whether cooperation between the city and the church is a violation of the establishment clause of the First Amendment of the United States Constitution, which provides, in part, as follows: "Article I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, ..." The establishment clause of the First Amendment of the United States Constitution is of course applicable to the states and local governments through the Fourteenth Amendment. Article 1, §16, of the Minnesota Constitution also limits state and local government expenditures relating to religion. Article 1, §16 provides, in part, as follows: "Section I6...the right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, without his consent; nor shall any control of or interference with the rights of conscience Page 6B