Minn. Stat. § 363A § 363A.26
EXEMPTION BASED ON RELIGIOUS ASSOCIATION.
Operative Text
Nothing in this chapter prohibits any religious association, religious corporation, or religious society that is not organized for private profit, or any institution organized for educational purposes that is operated, supervised, or controlled by a religious association, religious corporation, or religious society that is not organized for private profit, consistent with the protections or privileges of the First Amendment of the United States Constitution and article I, section 16, of the Minnesota Constitution, including ministerial exceptions provided therein, from: (1) limiting admission to or giving preference to persons of the same religion or denomination; (2) taking any action with respect to education, employment, housing and real property, or use of facilities; or (3) taking any action with respect to the provision of goods, services, facilities, or accommodations directly related to the solemnization or celebration of a civil marriage that is in violation of its religious beliefs. This section shall not apply to secular business activities engaged in by the religious association, religious corporation, religious society, or any institution organized for educational purposes that is operated, supervised, or controlled by a religious association, religious corporation, or religious society that is not organized for private profit, the conduct of which is unrelated to the religious and educational purposes for which it is organized.
Minn. Stat. § 363A.26 carves out an exemption from Minnesota's Human Rights Act for nonprofit religious associations, corporations, and societies, as well as religiously affiliated educational institutions. Under this provision, those entities may limit housing, employment, or other activities to members of their faith, or decline to facilitate civil marriages that conflict with their religious beliefs, consistent with First Amendment protections. The exemption does not extend to secular business activities that are unrelated to the entity's religious or educational mission.
Plain English — not legal advice.
Property owners or managers operating under the umbrella of a qualifying nonprofit religious organization should understand that Minn. Stat. § 363A.26 may permit faith-based preferences in housing decisions that would otherwise be restricted by the Minnesota Human Rights Act. Compliant operators in this context typically document the religious nature of their organization and ensure that any preference or restriction is tied directly to their religious or educational purpose. Importantly, this exemption does not cover secular rental or commercial activities that are unrelated to the organization's religious mission, so operators generally distinguish clearly between faith-based and secular operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe they have experienced housing discrimination should be aware that Minn. Stat. § 363A.26 provides a specific, limited exemption to the Minnesota Human Rights Act for certain nonprofit religious organizations and religiously affiliated educational institutions. If a housing provider claims this exemption, tenants may want to examine whether the provider's activities are genuinely religious in nature or whether they constitute secular business activity, since the exemption does not apply to the latter. Tenants can explore options such as filing a complaint with the Minnesota Department of Human Rights, raising the issue as a defense in a housing proceeding, or consulting a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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