Judge Refuses to Drop Charges Against 2 in Sex-Church Case

A Los Angeles Municipal Court judge refused Tuesday to dismiss prostitution-related charges against a Canyon Country husband and wife who say they operate a church in which sexual acts are part of the religious services, officials said.

The action by Judge Susan E. Isacoff came in response to a request from Will Tracy, 51, and Mary Ellen Tracy, 46, who were each charged earlier this month with operating a house of prostitution, a misdemeanor. Mary Ellen Tracy was also charged with two misdemeanor counts of prostitution.

The Tracys operate the Church of the Most High Goddess in West Los Angeles, where Mary Ellen Tracy carries the title of high priestess. They claim that they operate a legitimate church in which the high priestess absolves the sins of male followers through sexual intercourse during religious rites that they say predate Christianity.

At Tuesday’s court hearing, the Tracys pleaded not guilty and asked Isacoff to dismiss the case because the charges against them violate the U.S. Constitution’s guarantees of freedom of religion and speech. The Tracys, acting as their own attorneys, also said California prostitution and lewdness laws are vague and unconstitutional.

Statutes ‘Clear’

But Deputy City Atty. Jonni L. Hoffman argued that the statutes are clear and that the question of whether the Tracys’ church activities are protected by the Constitution should be decided in a trial.

Isacoff agreed, overruling the Tracys’ dismissal request and scheduling a June 13 trial, Hoffman said. Isacoff did not rule on the merit of the Tracys’ claim that the Constitution protects their activities, she said.

The Tracys “are alleging that they are observing their religion, and we are alleging that they are practicing prostitution,” Hoffman said. “That is a factual dispute that has to be decided by the evidence” in a trial.

Will Tracy said Tuesday that he plans to appeal Isacoff’s ruling.