Re: Freedom of Religion

It sounds like your work involves performing sexual acts with your clients in exchange for money, even if that is only a part of what you do. In most jurisdictions, such activity would be deemed prostitution or some other sex crime. I'm not saying this is how things should be, but it is the way things are.

I very much doubt that any court would recognize Tantra as a religion. Nothing in your question even suggests that it qualifies. The fact that it has been around a long time and was long supported by society does not really help, since the same can be said of painting, astronomy, and many other secular practices.

Even if Tantra could qualify as a religion, its practitioners would still be subject to generally applicable laws. The Supreme Court has held that religious beliefs do not exempt the believers from laws which everyone else must obey. Thus, performing a human sacrifice would still be murder even if the people involved were genuinely required by their faith to perform such an act. Religious requirements for ceremonial drug use, animal sacrifice and the like have been addressed by the courts and have not been granted special treatment. A case involving Tantra would almost certainly be decided the same way.

It is also not entirely clear that you would have standing to bring a case unless you have been arrested or otherwise subjected to governmental action as a result of your practices, though in many states you probably could bring a case based on the effect the existing laws have on your ability to engage in the practices you have described.

You might want to contact your local ACLU office, since they are likely to be the best source of legal guidance available to you. I very much doubt that the ACLU will offer you any more encouragement than I have, but if they do see things differently they may be willing to help you bring a lawsuit.