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Appeals court in SF allows challenge to state law banning prostitution [9th Circus]
San Francisco Chronicle ^ | 10/19/17 | Bob Egelko

Posted on 10/19/2017 6:19:56 PM PDT by markomalley

Advocates of legalized prostitution took their challenge to California’s 145-year-old ban on commercial sex before a federal appeals court Thursday and appeared to get a hint that they’ll have another chance to show why the law should be cast aside.

The case was brought by three former prostitutes, a would-be client and the Erotic Service Providers Legal, Educational and Research Project. They contend the law violates the right to engage in consensual sex, as defined by the U.S. Supreme Court in a 2003 ruling overturning criminal laws against gay sexual activity.

U.S. District Judge Jeffrey White of Oakland rejected their argument last year, saying the high court ruling protected only intimate personal relationships, not commercial sex. He said the state had adequately justified the current law as a deterrent to violence against women, sexually transmitted diseases and human trafficking.

But at Thursday’s hearing, members of a three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco suggested that the law might need closer scrutiny, given today’s less restrictive standards, as recognized by the high court, on sex between consenting adults.

“Why should it be illegal to sell something that it’s legal to give away?” asked Carlos Bea, one of the court’s most conservative judges.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism
KEYWORDS:
And the descent into hell continues...
1 posted on 10/19/2017 6:19:57 PM PDT by markomalley
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To: markomalley

Can’t imagine why anybody in California would pay for it when most of its denizens are OK with giving it away in the middle of public streets.


2 posted on 10/19/2017 6:21:43 PM PDT by madprof98
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To: markomalley

The world is going to miss civilization.

Someday.


3 posted on 10/19/2017 6:22:16 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: markomalley

Who couldn’t see this coming?

It is blatant in Australia. Girls advertise in the local papers.


4 posted on 10/19/2017 6:26:39 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: BenLurkin
The world is going to miss civilization.

Gen. Kelly was just lamenting that today through multiple examples. What a beautiful impromptu speech.
5 posted on 10/19/2017 6:27:15 PM PDT by farming pharmer
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To: markomalley
Yippee! The free market will soon triumph! 🤡
6 posted on 10/19/2017 6:35:53 PM PDT by faithhopecharity ("Politicans are not born, they're excreted." -- Marcus Tillius Cicero)
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To: markomalley

Why should politicians be the only ones allowed to prostitute themselves for money?


7 posted on 10/19/2017 6:37:51 PM PDT by Vlad The Inhaler (Libtards wish anarchy and death for others, but not for themselves.)
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To: All

Well, cool!

So many there in government, media and industry are whores anyway. Might as well remove any stigma attached to being one.

And since they already decided it is a mere misdemeanor to knowingly infect people with AIDS, things are going to be great!!!


8 posted on 10/19/2017 6:39:34 PM PDT by LegendHasIt
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To: markomalley
What man could be so desperate? What woman could have so little regard for her own well being and so little respect for herself?
9 posted on 10/19/2017 6:40:25 PM PDT by Gay State Conservative (ObamaCare Works For Those Who Don't.)
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To: madprof98

That’s because you’re not paying for the activity, you’re paying her to GO AWAY afterwards.


10 posted on 10/19/2017 6:42:15 PM PDT by Don W (When blacks riot, neighbourhoods and cities burn. When whites riot, nations and continents burn.)
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To: markomalley
then they will all file tax returns... right???
11 posted on 10/19/2017 6:55:02 PM PDT by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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To: Gay State Conservative

You ask that about Man’s oldest institution?


12 posted on 10/19/2017 7:01:16 PM PDT by Seruzawa (TANSTAAFL!)
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To: markomalley

When one looks from a purely legalistic point of view, it’s hard to find a compelling state interest in preventing prostitution.

Especially when one compares it to all the other deviance the courts have said the state has no interest in.

I believe the 9th, then the USSC will rule prostitution legal in all 50 states. Rather, the prohibition against, illegal.


13 posted on 10/19/2017 7:27:26 PM PDT by Mariner (War Criminal #18)
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To: Gay State Conservative

“What man could be so desperate? What woman could have so little regard for her own well being and so little respect for herself? “

You can number them in the hundreds of millions.


14 posted on 10/19/2017 7:28:59 PM PDT by Mariner (War Criminal #18)
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To: Mariner
I believe the 9th, then the USSC will rule prostitution legal in all 50 states. Rather, the prohibition against, illegal.

Sadly, I tend to agree with you.

But I hate to see what will happen in 20 or 30 years as a result of it.

15 posted on 10/19/2017 7:31:07 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: Mariner

“When one looks from a purely legalistic point of view, it’s hard to find a compelling state interest in preventing prostitution.”

Public health.

They currently ban fats used to make good French fries.


16 posted on 10/19/2017 7:44:55 PM PDT by alternatives? (Why have an army if there are no borders?)
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To: alternatives?

“Public health.”

Then the state would have a compelling interest in outlawing adultery, homo sex, sex with aids and all form of promiscuity.

All now being legal.


17 posted on 10/19/2017 7:52:45 PM PDT by Mariner (War Criminal #18)
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