[1] Note: Legislation is at the level of the States. Prostitution is illegal in all States, except Nevada, and only in certain counties there.

[2] Founded by Margo St. James

[3] “We agree that no one should face violence or discrimination in access to public services based on sexual orientation or their status as a person in prostitution”

[4] 18 USC 2421, the current version of the law

As originally enacted in 1910 (v 36 ch 395)

[5] Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003, Public Law 108-25

Section 301(f) of the law states: “no funds made available to carry out this Act, or any amendment made by this Act, may be used to provide assistance to any group or organization that does not have a policy explicitly opposing prostitution and sex trafficking.” 

HHS Clause

Exhibit A 

Prostitution and Related Activities 

The U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons.   

The contractor may not use U.S. Government funds under this contract to promote or advocate the legalization or practice of prostitution or sex trafficking.  Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides. 

If the contractor is otherwise eligible for award of this contract to prevent, treat, or monitor HIV/AIDS, it shall not be required to endorse or utilize a multisectoral approach to combating HIV/AIDS, or to endorse, utilize, or participate in a prevention method or treatment program to which it has a religious or moral objection.  Any information provided by the contractor about the use of condoms as part of projects or activities that are funded in connection with this contract shall be medically accurate and shall include the public health benefits and failure rates of such use. 

In addition, the contractor must have a policy explicitly opposing prostitution and sex trafficking.  The preceding sentence shall not apply to any “exempt organizations” (defined as the Global Fund to Fight AIDS, Tuberculosis and Malaria; the World Health Organization; the International AIDS Vaccine Initiative; or any United Nations agency), or to any contractors that are awarded “specified types of commercial contracts” as set forth below.  

The following definitions apply for purposes of this clause:

• “Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.  22 U.S.C. 7102(9).

[6] Based on Lawrence v. Texas (02-102) 539 U.S. 558 (2003) 41 S. W. 3d 349, reversed and remanded.

Held, that consenting sexual acts between adults in private do not attract the interest of the State.

“Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions.”, per Kennedy J. page 1

“The State cannot demean their existence or control their destiny by making their private sexual conduct a crime.”, page 18

http://www.law.cornell.edu/supct/html/02-102.ZS.html

[7] The only State with legal prostitution (some counties only).

[8] 5044: Introduced and referred to Judiciary January 8, Considered April 8, Recommended April 30, Passed House May 13 2009, Refer State Judiciary May 28

[9] 596: Introduced and referred to Judiciary February 25, Considered June 18,Recommended June 25, Passed Senate June 25, Refer House Judiciary June 26. Amended text (Sub B) passed House Oct 28, Senate Oct 30 2009

[10] “The bill erroneously assumes that arresting women who sell sex will somehow lead to more prosecutions for human trafficking. This is not an effective strategy.”