NOTE:
The following letter has been edited to reflect current terminology used by
the Society for Sacred Sexuality. Specifically, the general term 'sacred
sex' replaces a particular sacred sex teaching named in the original. These
edits are indicated by [brackets].
Letter from the
AMERICAN CIVIL LIBERTIES UNION
in response to the
Society for Sacred Sexuality's legal inquiry
ACLU
1400 20th St., NW, Ste. 119
Washington, D.C. 20036-5920
June 22, 2004
Mr. Gary Joseph
[contact info removed for privacy]
Dear Mr. Joseph:
We received your request
for assistance in changing statutes regulating sexual conduct to distinguish
teaching and practicing [sacred sex], an "ancient spiritual practice,"
that may include sexual conduct, from unlawful commercial exchanges of sex
for money. You also hoped to establish for [sacred sex] teachers a novel
"right to financial remuneration." We regret we are not able to offer you
legal help.
As you may know, ACLU is a private nonprofit organization entirely supported
by members and contributions. ACLU exists to preserve and extend the rights and
privileges found mainly in the Bill of Rights. These include the freedoms
of speech, press, and religion; the right to be free of illegal
discrimination; and the right to be free of abusive police conduct. We can
take only a few cases each year, since each must be done by a volunteer
attorney in private practice who contributes the time necessary. Thus in
our legal work with some exceptions we concentrate on "test cases" that
raise an unusual or unsettled question of civil liberties, where our
participation can help a large group of people if we can establish better
principles of law.
ACLU affiliates do sometimes take legislative
positions but you didn't identify any pending item in the D.C. Council or
suburban Maryland County Councils for us to consider. Affiliates do not
take action directly on matters in Congress or major policy in the federal
executive branch; policy for the organization nationwide is set by the
national board and carried out through a national legislative office
elsewhere in D.C. Each affiliate chooses its own legislative agenda. ACLU
affiliates take legal cases where clear facts suggest existing law is not
sufficiently protective of fundamental rights, but you didn't identify a
particular case or controversy that brings you before a court and on which
you need representation. Note that it is a complex matter of legal
doctrine just how the courts should balance (1) the undoubted power of
legislatures to pass laws of general effect (taxing, zoning, licensing,
etc.) with (2) the fact that such laws may also place some incidental
burden on the exercise of religion. The history of the Religious Freedom
Restoration Act (that the ACLU supported but which was struck down by the
Supreme Court) is pertinent. We also couldn't grasp your suggestion that
"the American people should decide" the merits of [sacred sex], not
legislative bodies. Isn't the major way that the people speak in fact
through elected legislators? Perhaps you had in mind some initiative or
referendum process to do for [sacred sex] what elected officials may not
want to do? Good luck.
Sincerely,
[signed, name withheld for privacy]
Staff Attorney
Read the SSS Response
to this Letter
|
