There is activity at both ends of the country right now to challenge the “War on Sex”.

First in California. The ninth circuit court of appeals is hearing arguments in a case that claims California’s prostitution laws violate residents right to privacy. They are trying to build on US Supreme Court case (Lawrence v. Texas) that struck down sodomy laws in Texas in 2003. The argument is that consensual sex between sex workers and clients should be treated the same. Or, as one of the judges on the Ninth Circuit put it, “Why should it be illegal to sell something that you can [legally] give away for free?

Next over to Washington DC where David Grosso, a DC Council member, is pushing a bill that would decriminalize prostitution. His bill repeals many laws and portions of laws that make exchanging sex for money illegal. Mr. Grosso points out that his bill follows the recommendations of several human rights organizations like those that I have written about in the past. Prostitution that involves coercion or minors would still be illegal.

Not surprisingly, Mr. Grosso is also for legal marijuana, safe injection sites and looser drug laws in general.

Now that the ball is rolling on the decriminalization of recreational drugs, there is another area where decriminalization is being considered. That is in the area of professional sex work. This is not a new idea, but the moral stigma associated with this position has made it difficult to gain traction. Now Amnesty International, the group whose goal is to look for human rights abuses, has come out in favor of removing all criminal penalties associated with sex services. They recommend:

“…a policy that would decriminalize all aspects of adult, consensual sex work, while still classifying coercion into sex work or having sex with a minor as a major human rights violation. The resolution is intended to protect adult sex workers from stigma and abuse by decriminalizing aspects of sex work including buying sex, pimping and operating a brothel.”

I agree. It is the same principles as the decriminalization of recreational drugs. No, I don’t think that these activities are completely harmless to everyone and I am sure that there are horrible abuses. But those abuses exist NOW, despite all the criminal statutes. The laws seem to have no significant affect on the volume of the activity or the abuses. Both sex work and recreational drugs are major pillars of organized crime financing and create opportunities for law enforcement corruption. By regulating and taxing these activities in the open we have the best chance of controlling the abuses without further marginalizing the current victims.

Of course there are those like Jimmy Carter who disagree with the position taken by AI. Some feminists disagree because to them all prostitution, even voluntary adult sex work, is inherently bad. Others disagree because there are abuses. They seem to  assume that it is possible to eliminate this activity by making laws. The US experience shows exactly how ineffective these laws are.  And the failed war on drugs shows the result of trying to ramp up the laws and penalties. Lets focus on fighting the abuses and not the trade.