A federal appeals court has opened the door to legalising prostitution in California. The 9th US Circuit Court of Appeals in San Francisco recently allowed a legal challenge to the statewide ban on prostitution to proceed. During the hearing,
conservative Judge Carlos Bea wondered aloud: Why should it be illegal to sell something that it's legal to give away? The case was originally filed in 2015 by three unidentified former sex workers, one potential client and the San Francisco-based
Erotic Service Provider Legal, Educational and Research Project (ESPLERP). The plaintiffs argue that the 145-year ban unfairly deprives consenting adults of the right to private activity, criminalises the discussion of such activity, and
unconstitutionally places prohibitions on individuals' right to freely associate. Louis Sirkin, an attorney for the plaintiffs, cited a Supreme Court decision that struck down gay sex bans as evidence for their case. The 2003 ruling, in Lawrence
vs. Texas, found that consensual sexual conduct was part of the personal and private life of the individual, and protected by the due process liberty right. |