Bills are part of religious right’s post-Roe strategy, with most prevalent ones relating to age verification of sex-related websites.
A wave of proposed legislation pushed by Republicans across the US at the state level is aimed at outlawing aspects of sexuality that could have a huge impact on Americans’ private lives and businesses. Opponents to the laws before legislatures in various states say the planned new legislation could spawn prosecution of breast-pump companies in Texas for nipples on advertising, or a bookstore might be banned from selling romance novels in West Virginia, or South Carolina could imprison standup comics if a risque joke is heard by a young person.
The bills are part of a post-Roe nationwide strategy by the religious wing of the Republican party, now that federal abortion rights have fallen. They range from banning all businesses that sell sex-related goods to anti-drag queen bills. Tyler Dees, an Arkansas state senator who wrote an anti-porn bill said: “I would love to outlaw it all,” referring to porn. The most prevalent bills relate to age verification of sex-related websites. Seventeen states drafted porn age-verification bills, many inspired by Louisiana’s law that went into effect in January. Louisiana’s law requires websites featuring 33.33% or more pornographic content to check government-issued ID to verify users are 18 and older. Websites that don’t comply face civil penalties. Parents can sue the site if kids access it.
In Texas, a new bill requiring age verification on websites with pornographic content defines images of the female breast “below the top of the areola” as porn, potentially hitting at business advertisements. In West Virginia, a bill outlawing all sexually oriented businesses is on the docket, with a definition that includes art studios with nude models and wrestling arenas. In South Carolina a bill would criminalize using “profane language” related to “sexual or excretory organs or activities” in front of minors during performances. The punishment? Up to a decade in prison.
Some bills define porn so broadly that anatomy textbooks or sex education websites would meet them. “I don’t think such laws for the internet are constitutional,” said Eugene Volokh, a professor of Law at UCLA.
Laurie Schlegel, a Republican state senator who drafted the Louisiana law, is a sex-addiction therapist educated at Baptist seminary, who opposed transgender students from being on sports teams that align with their gender. Schlegel’s anti-LGBTQ+ views fit with the broader goal of the laws, according to Carolyn Bronstein, a professor of media studies at DePaul University. “These laws are really not about controlling minors’ access to violent pornography … In the conservative world view, pornography is information about LGBTQ identity, abortion, gay marriage,” said Bronstein.
There is hypocrisy on display also. In many of the states where the anti-porn bills are being put forth, minors can legally have sex and get married. “In Louisiana, you can have sex when you’re 17 with a person in their 30s, but you can’t watch porn,” said Jason Kelley, associate director of digital strategy for the Electronic Frontier Foundation. In Mississippi, Arkansas and Louisiana, the age of consent is 16. With parental permission, Mississippi allows 15-year-olds to marry, Louisiana 16-year-olds, Arkansas 17-year-olds, and West Virginia kids of any age.
Article URL : https://www.theguardian.com/us-news/2023/feb/17/republican-anti-sex-legislation-state-level