I’m fascinated by the reaction to the Spitzer scandal on blogs that identify as feminist, most of which seem to be conflicted but marginally pro-decriminalization. It’s a surprisingly utilitarian discussion; few posters or commenters seem to be arguing from self-autonomy (OK, none), and most are weighing the obvious harm of denying sex workers access to law enforcement (in the case of criminalization) against the desire not to reinforce patriarchy and/or heteronormativity (in the case of legalization). Everyone seems to assume that legalizing sex work will reinforce all sorts of ugly norms women struggle against all the time. Writes one commenter at Feministing, “I’m politically liberal, openly feminist, and opposed to sex work precisely” because of “patriarchy” and “heterosexuality issues.”
I find this incoherent precisely because I share all the poster’s intuitions about problematic cultural norms. Of course sexism restricts autonomy in all sorts of ways that deserve consideration when discussing the prevalence of prostitution or the choice to enter sex work. Of course it’s deplorable that sexually adventurous young women are constantly told they are “degrading themselves” by seeking out various experiences, that every bit of enjoyment eats away at some secret store of purity. This whole tradition–the idea that women need be preserved in glass so as not to “ruin” themselves, lest they diminish their sexual value by “giving it away”–restricts the lived autonomy of women in ways I can’t even begin to articulate. None of the slut-shaming makes sense unless you assume women live to give themselves to men in their purest possible form. Otherwise, why not just let girls enjoy their orgasms?
If you find all of these cultural pathologies unfortunate, what is the public policy you should prefer? It seems to me that it is not the policy that deems it a crime against the American people to open your legs on your own terms. Anti-prostitution laws add a layer of legal sanction to all of our worst intuitions about the treatment of sexually independent women; they strengthen and validate the idea that women who bed men with any frequency are sick, marginal, pariahs. Even decriminalization, which treats Johns as outlaws and sex workers as victims, assumes that all sex workers are damaged, that no woman would ever love sex enough to make a career out of it. And why not? Well, because all women know that they are their sexual purity. No sane woman would ever make such a choice.
If we are ever going to introduce a conceptual distinction between the moral character of individual women and the integrity of their hymens, it seems extremely important not to criminalize aberrant sexual behaviors. That’s all.
I’m afraid I don’t even understand the argument about how sex work supposedly supports heteronormative attitudes. What’s the connection?
That was a great post. Kudos! It always seems bizarre to me how mainstream feminists deal with the cognitive dissonance from the collectivism they espouse.
I totally agree with you Kerry on the de-criminalization of sex work, but the glorification of sex by the mainstream culture just lends credence to the horribly vapid and hedonistic sign of the times.
Kerry,
Have you thought about putting together a reference post on some of the work you’ve done for Reason on this area? Brad Plumer just recycled some posts on the topic here:
http://plumer.blogspot.com/2008_03_01_archive.html#5839072343217293439
It’d be nice to see some commentary whose origin is older than last week. (The folks at Bound and Gagged seem to be doing a good job on this, though. Thanks for pointing them out.)
Anon
[...] brilliant take on the post-Client 9 discussion of prostitution is spot on. Apparently a number of people think [...]
Kerry -
I agree with you completely on this. What you are commenting on is the grand lie of feminism – “Equality, but only in those areas we like.”
Mainstream feminists assume that no woman would want to have sex for money or a camera. And they further assume that any woman that makes this choice is not only damaged, but somehow lessened.
In effect, mainstream feminism regards women that work in the “sex trade” as victims and incapable of free thought, or, more succinctly, less than equal.
[...] I guess Matt Yglesias, Brad Plumer, Megan McArdle, Kerry Howley, Julian Sanchez and the legislators of the Netherlands and Nevada spend most of their time with [...]
Great post Kerry.
A fascinating piece in The Guardian in December discussed the rather schizophrenic attitude older feminists have toward their younger, more sexually liberated, sisters……
I think your readers might enjoy the piece, and especially the comments.
http://commentisfree.guardian.co.uk/emily_hill/2007/12/what_happened_to_solidarity.html
[...] archives Might There Be a Connection Between Slut-Shaming and Slut-Jailing? [...]
[...] is about women who love sex so much they want to make it a career.” Neither of them link the original post. Allow me to repeat myself: Criminalizing prostitution contributes to, rather than mitigates, [...]
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