McKee v. County of Ramsey

316 N.W.2d 555, 1982 Minn. LEXIS 1474

• Court: Supreme Court of Minnesota
• Decided: March 5, 1982
• Docket: 81-1048
• Status: Published

Opinion

PER CURIAM.

Plaintiffs sought declaratory and injunc-tive relief claiming that Ramsey County and the State of Minnesota have violated their right to freedom of religion by compelling them to pay property taxes, a small portion of which tax money is used to fund sterilization, contraception and state-authorized abortion. They also claimed that defendants’ acts constitute an establishment of religion in violation of the United States and state constitutions.

The Ramsey County District Court, in a well-reasoned memorandum order, dismissed the action for failure to state a claim upon which relief could be granted. Minn.R.Civ.P. 12.02(5). We affirm that memorandum order in its entirety. The action of the state and county does not violate the Establishment Clause, Harris v. McRae, 448 U.S. 297, 319, 100 S.Ct. 2671, 2689, 65 L.Ed.2d 784 (1980), nor does it burden the free exercise of religion, Autenrieth v. Cullen, 418 F.2d 586 (9th Cir. 1969), cert. denied, 397 U.S. 1036, 90 S.Ct. 1353, 25 L.Ed.2d 647 (1970), under either the federal or the state constitution.

Affirmed.