Matt Kezhaya (Kezhaya Law PLC) wrote an amicus brief on my behalf in this case (U.S. v. Cherwitz & Daedone) a few weeks ago—many thanks to him for all his work on it!—and I thought I'd pass it along:
asserted
I → write → it
Under the Government's theory of spiritual coercion, people who at one point believed that volunteering for a religious organization is the path to enlightenment or salvation, but who later become disillusioned with their former beliefs, can be found to have been retroactively "coerced" into providing that labor.
asserted
who → believe → labor
The same logic could apply to nuns who had felt religious pressure to do the educational or nursing work that their order was known for, or to monks who had felt religious pressure to do agricultural work that supports the monastery.
uncertain
that → apply → monastery
Any religious organization that runs a monastery, convent, or any other institution where adherents are expected to work as part of their religious vocation could likewise face felony prosecutions.
uncertain
adherents → run → prosecutions
Such a theory of criminal liability violates the Free Exercise Clause because it is not "neutral."
asserted
it → violate → Clause
Governments depart from neutrality not just when legislators pass laws designed to suppress religion, but also when courts enforce otherwise-neutral laws in ways that suppress religion precisely because of spiritual or religious qualities.
asserted
that → depart → qualities
Liability in this case turned precisely on the religious nature of the allegedly coercive conduct, and was imposed in the absence of any secular coercion such as violence or the threat of violence.
uncertain
Liability → turn → violence
The forced labor statute is not limited to sexual labor.
asserted
statute → force → labor
Rather, it generally prohibits any "labor" obtained through "threats of serious harm."
asserted
it → prohibit → harm
Indeed, the "labor" subject of this charge was ordinary, non-sexual administrative work entailed in running a religious organization that features events and communal living.
asserted
that → entail → events
To be sure, laws that restrict sexual labor will usually be neutral and generally applicable, precisely because they do not turn on any claims of religious or spiritual coercion.
uncertain
they → restrict → coercion
If any business, religious or not, offers its employees' sexual services in exchange for money, that might well violate generally applicable bans on prostitution or pandering.
uncertain
that → offer → prostitution
Likewise, if any business, religious or not, conditions employment on the employee's performing sexual services, that will usually constitute civilly actionable quid pro quo sexual harassment.
asserted
that → condition → harassment
And enforcing such laws would not jeopardize ordinary religious labor, precisely because they are focused on a narrow range of secularly-defined behavior that is seen as harmful (the exchange of sex for money or employment) rather than on a theory of spiritual coercion that can apply to a wide range of labor.
asserted
that → enforce → labor
But such laws were not used in this case.
asserted
laws → use → case
The essence of this charge was punishing a particular religious group.
asserted
essence → punish → group
The Court should vacate the convictions, or at least reverse and remand for a new trial with proper limiting instructions.
asserted
Court → vacate → instructions
Argument
[I.] A theory of "spiritual coercion" violates the Free Exercise Clause.
asserted
theory → violate → Clause
The Free Exercise Clause of the First Amendment prohibits governments from targeting specific religious beliefs or practices as such.
asserted
Clause → prohibit → beliefs
That prohibition bars more than just legislative enactments expressly targeting religion; it extends to criminal prosecutions that apply facially neutral laws in ways that target disfavored religious beliefs.
asserted
that → bar → beliefs
Of course, as Part III will discuss, "neutral" and "generally applicable" criminal statutes may be applied to religious behavior precisely the same way they are applied to secular behavior; otherwise, each of us would "become a law unto himself."
uncertain
each → discuss → himself
But this power cannot be used to target religious actions because of their religious or spiritual character.
asserted
power → use → character
Indisputably, Defendants, OneTaste, and adherents of OneTaste (including the so-called victims) all considered the doctrines subject of this criminal trial to be "religious."
asserted
doctrines → include → trial
See A-977 ("We believed that … your path to God was through your orgasm") (emphasis added); see also A-1053 (adherents of OneTaste seek "something more" beyond ordinary existence believe "Our most potent biological drive, Orgasm, is the key to unlocking this power.").
asserted
drive → see → power
OneTaste's doctrines addressed distinctions between the physical and spiritual realms in a dichotomy between the "third dimension" and the "fourth dimension."
asserted
doctrines → address → dimension
They addressed issues of worldly suffering and promised both enlightenment and transcendence through ceremonial rites. A-1114 (orgasm "was more about energy," borrowing from "Buddhist principles like the concept of qi"); see also A-1446 ("OneTaste teachings integrate the principles of mindfulness with the practice of orgasm"); A-1089 (OneTaste teachings included sex "as a ritual practice" and "Magic School … where we had sort of like priests and priestesses of orgasm"); see also A-1426-1427 (PowerPoint presentation outlining "Alchemize shadow into power through orgasm" and "Orgasm Magic: Bringing out the elements of magic [and] Put the principles of OM into practice in creating what you want … [including] Rituals and ceremonies").
asserted
you → address → Rituals
Specific ceremonies described in the record include a marriage ceremony at A-891, a foot soaking ritual at A-1085, and a shower ritual at A-1152.
asserted
ceremonies → describe → A-1152
The central ritualtenet of OneTaste was ritualistic sexual activity is, OMing, or "Orgasmic Meditation," which adherents of OneTaste regard as a mindfulness practice, a "meditation on sensation without a goal," A-577, A-785.
asserted
adherents → regard → goal
The Government made much of the sexual nature of those beliefs and practices.
asserted
Government → make → beliefs
But it is no business of the government, including the courts, to "prescribe what shall be orthodox in … religion."
asserted
what → include → religion
Because OneTaste and its adherents considered these beliefs and practices to be "religious" within their scheme of things, the Free Exercise Clause protects their beliefs and practices from governmental targeting.
asserted
Clause → consider → targeting
And the Government did not seriously contest OneTaste's religiosity; instead, it acknowledged, and even stressed, the spiritual and religious nature of OneTaste's activities.
asserted
it → contest → activities
According to the Government's closing arguments, the essence of the charge was that "the defendants indoctrinated the victims to believe that Nicole Daedone was a guru and that her teachings were the path to enlightenment and spiritual growth."
uncertain
teachings → accord → enlightenment
Prosecutors took issue that "Nicole Daedone taught that orgasm was God."
asserted
orgasm → take → issue
And "[n]early all of them [victims] lived in OneTaste housing and were subjected to these teachings incessantly." A-1234.
asserted
all → live → teachings
The complained-of "indoctrination" and "teachings" is the very essence of religion: leading adherents to accept doctrines as spiritual truths.
asserted
complained → complain → truths
That these supposed victims ordered their lives in accordance with OneTaste's beliefs and practices is evidence of spiritual and religious belief, not of criminally punishable coercion.
asserted
ordered → suppose → coercion
Had there been evidence these "victims" were physically coerced into accepting OneTaste's religious doctrines, such physical coercion would certainly have been illegal.
asserted
coercion → coerce → ?
Each of these so-called victims freely admitted that they voluntarily joined the organization.
asserted
they → call → organization
And they freely admitted that they voluntarily left it.
asserted
they → admit → it
…and 75 more, not listed.
The Aporia