In the same document he also asked, ''Is the purpose for which a priestess engages in sex with members of the church based on religious belief?'' Testimony is expected to conclude next week, with final arguments scheduled for Tuesday. Judge Byrne is hearing the case without a jury.

Wilbur Tracy, 51 years old, and his 47-year-old wife, Mary Ellen Tracy, say their church has a congregation of 2,000 members, a claim undisputed by city attorneys. Mr. Tracy is high priest of the church and his wife is high priestess. The couple, who are representing themselves, are expected to make final arguments in the trial on Wednesday.

Mr. Tracy testified that in establishing the priesthood for his church he deemed that the high priestesses had to have sexual relations with a thousand men before they were fit for the priesthood, and his wife eventually qualified. ''That is part of the development of a woman as high priestess,'' Mr. Tracy testified.

After The Newhall Signal, a weekly newspaper in Ventura County, northwest of Los Angeles, published a series of articles about the Tracys' church early in 1989, their house was searched and they were arrested in April 1989 on charges of pimping, pandering and prostitution. They were convicted in a trial in state court last September and received probation.

His God Is Physically Fit

Since then, they have been arrested again and charged with violating their probation. The current challenge in Federal court is an effort to prevent the state and the city from pursuing that case.