The Guardian explores the trend of conservative state legislators filing proposals to outlaw aspects of sexuality. Arkansas’s proposed bill to require porn sites to verify users’ ages and the proposal that originally would have effectively banned drag show performances get some attention.
Also, perhaps coming our way soon?
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.
Why such a focus on sex? Conservatives need a new moral issue to rally around after the U.S. Supreme Court struck down Roe.
Historian Whitney Strub, an associate professor of history at Rutgers University, doesn’t think these ideas are well-founded. “Framing pornography as a public health crisis is not driven by serious engagement with the social scientific literature,” he said. “They’ve even got fake peer-reviewed journals that give the imprimatur of scholarship … It’s been a very smart rebranding of evangelical Christian conservatism.”
Why are all these bills being proposed now? Strub thinks it’s partly because of the overturning of Roe v Wade. “Abortion gave a certain coherence to conservative politics in the United States. And it certainly still does … but they’re in the position of Ahab if he slayed the white whale … I mean, there’s no more Moby-Dick.”
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.
