Sex workers, including porn stars, are worried about the Supreme Court confirmation hearings currently underway for Amy Coney Barrett—and with good reason.
The right-wing, devout Catholic judge is well-known to be an enemy of Roe. v. Wade. Her appointment to the nation’s highest court will contribute to a 6-3 conservative supermajority. But her conservatism about what people can do with their bodies doesn’t end with abortions—her deeply held Catholic beliefs hold a pretty dim view of most sex that isn’t purely for procreation. Which is to say—almost everything that goes on in the sex industry. She’s also vocally in favor of dismantling the Affordable Care Act, where most freelancers in the US, from humble freelance writers like myself to innumerable OnlyFans models and studio porn performers, turn for health insurance.
Understandably, reported Aurora Snow at the Daily Beast this week, “[Barrett’s] seemingly inevitable spot on the bench has sparked panic among the sex-worker community.” Snow spoke to a number of adult industry insiders about Barrett, and each made points the rest of the adult entertainment industry should consider.
Adult performer Siri Dahl told Snow, “If [Barret is] confirmed, it could be catastrophic for the adult industry.” She continued, “Our rights to important health care like birth control and abortion are in imminent danger. It’s especially scary to me as a sex worker who also happens to have a uterus…I’d like the government to stay away from my sex organs and my personal health decisions!”
Dahl’s fears are justified: Barrett is a devout Catholic, and Catholic teachings prohibit the use of contraceptives. Barrett has made no secret of her distaste for the Affordable Care Act, which makes free or low-cost contraception available to most people in the U.S. If she repeals the ACA, adult performers like Dahl might have a difficult time getting the contraceptives they need to work safely in their field. And, if Roe v. Wade, Barrett’s least favorite past ruling, were to be overturned during her lifetime appointment, lack of access to contraceptives and legal abortions could be a nightmare for millions across every industry.
But it’s not just health care that sex workers are worried about. Mary Moody, an adult performer and former Penthouse Pet, said, “The adult industry is founded on bodily autonomy and freedom of expression, freedoms that religious extremist Barrett will happily erode or remove. She will even be considering First Amendment cases that could outlaw porn. While she claims to be for freedom and liberty, it’s clear she will happily regulate the bedroom on- and off-screen.”
Barrett has previously expressed that she believes judges should be allowed to make decisions based on their religious beliefs, which means her Catholic beliefs might make her interpret—and rule—that free speech is, in fact, obscenity. Although Judge Barret vowed during the hearings, “My religious belief would not bear on the discharge of my duties as a judge,” Moody was skeptical. “When given the option to rule on cases that will impact sex workers, it is clear she will lean on her radical conservative religious beliefs to aid her,” she told Snow.
Even Judge Herb Dodell, who the Daily Beast reports has presided over 10,000 cases, is concerned about Barrett’s potential impact on the sex industry.
“For the adult industry, her confirmation could have a substantial impact,” Dodell told Snow. “For example, SESTA/FOSTA. That legislation will be before the Supreme Court. The whole subject of free speech versus prior restraint, including liability, especially concerning social media, will be dictated by the Supreme Court.” A daunting prospect, indeed, given that a conservative supermajority would likely give not a single solitary fuck about the impact SESTA/FOSTA has had on the sex industry online.
In other words, this is an important moment for the sex industry to mobilize itself. You can call or e-mail your U.S. senators—especially the Republicans—to voice your disapproval of Barret and the way she’s been rushed into confirmation hearings. You can sign petitions online denouncing her confirmation to the Supreme Court. You can voice your concerns about your livelihood and your industry on social media. Whatever you decide to do, now’s the time to do it.
