The decriminalization of sex work is currently central to political debates taking place in two U.S. states: Alaska and Colorado.

Alaska Court Considers Constitutionality of Prostitution Laws

The Alaska state courts are now considering whether prostitution laws violate the state constitution's outlined right to privacy related to a consensual sexual relationship transacted for money or similar compensation.

The group Community United for Safety and Protection (CUSP) filed a complaint before the Alaska Superior Court in a bid to stop the criminalization of sex work for a fee. CUSP maintains that sex workers and sex trafficking survivors are being demonized by the state's statutes on prostitution.

According to local NBC affiliate KTUU, the lawsuit alleges that the "right to privacy" is being violated due to "private decisions regarding bodily autonomy and consensual sexual relationships without a compelling government interest." Amber Batts, a member of CUSP, told the local news that such a lawsuit "would take the criminalization out" of state law.

Colorado Lawmakers Introduce Decriminalization Bill

Simultaneously, Colorado lawmakers have introduced legislation that would decriminalize sex work. Senate Bill (SB) 26-097 was introduced by Democratic state Sens. Nick Hinrichsen and Lisa Cutter, and Democratic state Representatives Lorena Garcia and Rebekah Stewart are pushing for the bill to be reviewed by the Senate Judiciary Committee.

The 16-page SB26-097 summary states that the bill requires the statewide decriminalization of commercial sexual activity among consenting adults. It declares that decriminalizing commercial sexual activity among consenting adults is a matter of statewide concern and expressly preempts statutory or home rule city, town, city and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sexual activity.

Background on the Issue

The sex business can be hugely lucrative and has a long history in Alaska. According to historian David Reamer, within Alaskan attitudes toward sex workers and red light districts there was "significant social acceptance." Nationwide, prostitution is a complex issue with varying laws and regulations across different states.

Key Facts

  • The Alaska state courts are considering whether prostitution laws violate the state constitution's outlined right to privacy related to a consensual sexual relationship transacted for money or similar compensation.
  • CUSP filed a complaint before the Alaska Superior Court in a bid to stop the criminalization of sex work for a fee.
  • Colorado lawmakers have introduced legislation that would decriminalize sex work, specifically Senate Bill (SB) 26-097.
  • The SB26-097 summary states that the bill requires the statewide decriminalization of commercial sexual activity among consenting adults.
  • CUSP alleges that the law violates equal protection principles because it disproportionately targets workers while failing to criminalize accepting sexual services for a fee in the same manner.