A recent report by The Guardian details a Republican initiative to introduce "anti-porn bills" at the state level across the U.S., which critics contend could significantly impact Americans' private lives and businesses. These proposed regulations, described as a "wave of suggested regulations pressed by Republicans" and aimed at "forbidding aspects of sexuality," are part of a post-Roe nationwide strategy by the religious wing of the Republican party.

Scope of Proposed Legislation

The Guardian's Hallie Lieberman notes that these bills vary from prohibiting all services that sell sex-related products to anti-drag queen bills. Opponents of these efforts suggest potential consequences such as the prosecution of breast-pump companies in Texas for nipples on advertising, bookstores being banned from selling romance novels in West Virginia, or standup comics facing imprisonment in South Carolina if a risque joke is heard by a young person. Lieberman also states that some bills define pornography so broadly that anatomy books or sex education websites could fall under their purview.

Arkansas State Senator Tyler Dees, who introduced a bill last month requiring age verification before "going into a web site offering pornography," stated, "I would love to outlaw it all," referring to porn. Dees admitted that his state initiative is a stepping stone towards a federal mandate.

Age Verification and Broader Implications

The most prevalent bills relate to age verification of sex-related websites. Seventeen states have drafted porn age-verification bills, many of which are inspired by Louisiana's law that went into effect in January. Louisiana's law requires websites containing 33.33% or more adult material to check government-issued ID to confirm users are 18 and older. Non-compliant sites face civil charges, and parents can sue a website if children access it.

In Texas, a new age verification bill would define "photos of the female breast 'below the top of the areola' as pornography," potentially affecting business advertisements. West Virginia has a bill on the docket that would ban all sexually oriented businesses, with an interpretation that includes art workshops with naked models and wrestling arenas. In South Carolina, a bill would outlaw the use of "profane language" related to "sex-related or purgative body organs or activities" in front of minors during performances, with a potential punishment of up to a decade in prison.

Eugene Volokh, a professor of Law at UCLA, expressed skepticism regarding the constitutionality of such internet laws, stating, "I don't think such legislations for the net are constitutional."

Religious Motivations and Related Legislation

The bills are described as part of a post-Roe nationwide strategy by the religious wing of the Republican party, following the fall of federal abortion rights. This aligns with broader legislative efforts in Republican-governed states targeting transgender young people, which have divided U.S. faith leaders. Some legislators promoting these bills have cited conservative religious beliefs. Leaders of the Catholic Church and the Southern Baptist Convention have rejected the concept of gender transition. U.S. Catholic bishops issued guidelines in March to stop Catholic hospitals from assisting in such transitions. The Southern Baptist Convention has asserted since 2014 that gender transition is "contrary to God's design." The Rev. Albert Mohler, president of the Southern Baptist Theological Seminary, described gender transition as "a blatant attempt to undermine the very order of creation," adding that "The Bible reveals that any attempt to subvert creation ends in disaster, not in human liberation."

Conversely, faith leaders who support transgender rights have expressed concern about the use of religious rhetoric to marginalize transgender individuals. Serene Jones, president of Union Theological Seminary in New York City, stated that it is "horrifying" that Christianity and the Bible are being used by the religious right to "bludgeon people through these many bills," calling the use of such religious language "an abomination."

Key Facts

  • A "wave of proposed legislation pushed by Republicans" at the state level aims to outlaw aspects of sexuality.
  • These bills are part of a post-Roe nationwide strategy by the religious wing of the Republican party.
  • Arkansas State Senator Tyler Dees expressed a desire to "outlaw it all" regarding porn.
  • Seventeen states have drafted porn age-verification bills, many inspired by Louisiana's law.
  • Proposed legislation could lead to prosecution of breast-pump companies, bans on romance novels, and imprisonment for standup comics.
  • UCLA Law professor Eugene Volokh questions the constitutionality of such internet laws.