Rich McCluer, who represents the Rev. Donald Dean Budd, filed a motion challenging the Minnesota statute that makes it a crime for a clergy member to have a sexual relationship with someone receiving spiritual advice or comfort. McCluer argued the statute is vague and unnecessarily entangles religion with state law and violates the First Amendment, giving the case much wider implications than criminal guilt.
Budd, 63, is charged with 10 counts of felony criminal sexual conduct for an improper relationship with a woman he was counseling.
“If Budd was a plumber, no one would raise questions,” McCluer said.
McCluer is also challenging the use of evidence against Budd, specifically a conversation between him and the victim that was recorded by police. That motion is still pending.
The Supreme Court in April heard arguments in Minnesota v. Bussmann, in which clergy member John Bussmann was accused of having a sexual relationship with a woman to whom he gave spiritual guidance. Challenges to that case hinge on similar issues of the vagueness and constitutionality of the statute under which Budd is charged.
The court is expected to rule on that case in early July.
The outcome of the Bussmann case will directly influence the decision in the Budd case, McCluer said.
If the Supreme Court finds the statute unconstitutional, the case against Budd would cease to exist as it currently stands, said Winona County Attorney Chuck MacLean. If that were to happen, MacLean said the prosecution would look for other options to charge Budd in a different way.
If the statute is upheld, the case will continue as planned, MacLean said.
About 20 Budd supporters waited more than an hour for the hearing to begin Thursday, and once Judge Jeffrey Thompson entered the courtroom, both the prosecution and defense asked him to postpone the hearing until the end of July. Thompson acquiesced and set Budd’s next hearing for July 25.
Kevin Behr can be reached at (507) 453-3524 or kbehr@winonadailynews.com.


Proud of her too! wrote on Jun 30, 2007 3:25 PM: