06-13-2000 Council Agenda - Laserfiche WebLink

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Mr, Hanson June 9, 2000 Page Three by permitted, or any preference by liven by law to any religious establishment or mode of worship; ..., nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries." The establishment clause is intended to prevent sponsorship, financial support, and active involvement of the state in religious activity. Accordingly, a city may not spend public funds for any purpose which has a primary effect of advancing religion Lyncky,Dsimay, 465 U.S. 668, 104 S.Ct. 1355, 79 L.Ed.2d (1984). The test for determining whether a governmental act violates the establishment clause is tripartite. First, the law or action in question must reflect a clearly secular Legislative purpose; second, it must have a primary effect that neither advances nor inhibits religion; and, third, it must ' avoid excessive government entanglement with religion, Lemony. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971): Applying the three part analysis to the case at hand, the first question is whether the development project, building and maintaining a community space at St. John's Catholic Church, has a secular purpose. Arguably, if a project meets the "public purpose" standard, it will meet the "secular purpose" standard as well. The establishment and operation of recreational programs/facilities operated either independently or in cooperation with any nonprofit organization, is authorized by statute as a "public purpose ". Obviously, St. John's Catholic Church has a religious dimension In arguing in favor of secular purposes, it would have to be shown that the recreational facility was to provide non- sectarian recreational and health activities without regard for any religious belief or affiliation. In the case In the Matter of the Condemnasionby the Minneapolis Community Development Agency, 439 N.W.2d 708 (Minn. 1989) (attached) the Minnesota Supreme Court found that • although the Y.M.C.A, had a religious dimension, it also provided sectarian services and activities 'available to all persons, all religions, races, ages, and needs. However, the obvious distinction in this matter is that the proposed recreational facility is going to be built as a part of St. John's Catholic Church rather than as a separate facility (i.e. located elsewhere). The second question to be asked in determining whether the governmental action violates the establishment clause is that the action must have a primary effect that neither advances nor inhibits religion. In determining whether state aid advances religion in violation of the establishment clause, the test is: Page 6C