Sex Rights Group Asks, Are Prostitution Laws Unconstitutional?

SAN FRANCISCO, CA—The Erotic Service Providers Legal, Education and Research Project (ESPLER), a community-based coalition advancing sexual privacy rights through legal advocacy, will file a complaint today at noon in U.S. District Court against Kamala Harris, California’s Attorney General and leading U.S. Senate candidate, and four Northern Californian District Attorneys, alleging the current anti-prostitution law violates fundamental constitutional rights. A rally held in conjunction with the filing will take place in front of the Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. The complaint contends that California’s current anti-prostitution law unfairly deprives individuals of the right to private consensual activity, criminalizes the discussion of this activity between consenting adults, and unconstitutionally places restrictions on individuals’ right to freely associate. “We believe it is time to revisit the criminalization of prostitution and put the State to the test. In the light Lawrence v. Texas and Reliable Consultants v. Abbott, the State can no longer simply say that morality is a sufficient reason for regulating private sexual relationships even when it involves the exchange of money,” said ESPLER attorney D. Gill Sperlein.  “Social science clearly demonstrates that the criminalization of prostitution puts sex workers at risk of abuse because it discourages them from reaching out to law enforcement.” Maxine Doogan, ESLPER’s President added, “Just as the Lawrence v. Texas decision made same-sex sexual activity legal, and the Loving v. Virginia decision struck down laws prohibiting interracial marriage, this complaint seeks to remove the government from restricting basic fundamental and widely recognized civil and human rights.” The complaint asks the court to declare that California’s prostitution statute, Section 647(b) of the California Penal Code, is unconstitutional. For more information, please click here or here. Follow ESPLERP on Twitter here.