Father Kuhn Seeks Dismissal of Charges

An attorney for Father Aaron John Kuhn filed a motion on February 20, asking a court to dismiss a criminal sexual conduct case against him, arguing that the Minnesota law used to charge him violates constitutional protections related to religion.

In the motion, filed by attorney Paul Engh, the defense argues that Minnesota Statute 609.344—specifically the section dealing with clergy and sexual conduct—violates the First Amendment’s Establishment Clause, which bars the government from interfering with or establishing religion.

Father Kuhn currently faces a single charge of third-degree criminal sexual conduct. The complaint alleges the conduct occurred sometime between September 1, 2019, and October 13, 2022.

According to the filing, the statute was amended by the Minnesota Legislature in 2021. Before that change, the law made it a crime for a member of the clergy to have sexual relations with someone who was receiving religious or spiritual advice from them in private, even if the person consented. The newer version of the law includes clergy within a broader category called a “prohibited occupational relationship,” which also applies to professionals such as therapists or counselors...

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