Pride Month: Empowering and protecting LGBTQ+ people & Intersectionality with Sex Worker Reform

As a Massachusetts resident and State Senator who has worked throughout my career to expand LGBTQ+ rights, including the 2003-2007 battle to protect marriage equality, I always look forward to celebrating Pride Month! To see the rainbow flags, and Transgender Rights flags worn by so many people, fly outside so many homes and be emblazoned on so many cars and bikes reminds me what a welcoming Commonwealth Massachusetts is to LGBTQ+ residents.

So as the Senate Chair of the Joint Committee on Judiciary, I was very pleased and encouraged that the Judiciary Committee held a public hearing on Tuesday, June 15th, on a category of bills for the first time in Massachusetts history, on reforming sex laws, that has a disproportionate impact on LGBTQ+ people. As Senator Julian Cyr emphasized in speaking on his bill S. 940 (An Act to stop profiling transgender people and low-income women), Massachusetts’ recent history reflects strong support for the LGBTQ+ community, but we shouldn’t just rest on our laurels.

I want to highlight the testimony of LGBTQ+ people, including transgender persons, who spoke about their experiences in sex work. A disproportionate number of the individuals testifying are BIPOC, highlighting how a broken criminal justice system and systemic racism, homophobia and gender discrimination in society leads to a significant number of transgender BIPOC men and women are targeted and arrested for sex work. Simply put, with the barriers many transgender people continue to face in fining traditional employment, some are pushed into ensuring their economic security by doing sex work.

Many of the testifiers gave powerful testimony about their experiences as sex workers under a regime that criminalizes engaging in sex work. Some people testifying courageously highlighted how police targeted women, transgender people, and BIPOC for allegedly being sex workers, simply because they were standing outside on a street. In addition, some sex workers spoke of being harmed physically by their clients, but not calling the police for fear of being arrested for sex work.

Listening to the testimony today, t is clear that are different approaches to how to better support and protect people who are engaged in sex work. Some sex workers view themselves as participating willingly and freely. Other people object to the term “sex work.” They view themselves as victims or “prostituted persons.” There is also the End Demand community, which envisions an eradication of the sex trade in its entirety. 

During the hearing, two distinct groups testified on bills reforming our sex laws. One set of bills (S. 922 & H. 1800) are titled An Act to stop profiling transgender people and low-income women. Supporters of these bills see their end goal as full decriminalization of the sex work industry.  The other set of bills (S. 940 & H. 1761) An Act to strengthen justice and support for sex trade survivors. Supporters of these bills seek to decriminalize sex work. But they oppose decriminalizing the purchase of sex or other industry participants. It also requires expungement of sex work-related offenses.

As someone who has been a strong advocate for LGBTQ+ residents who often still live in the shadows of society, including incarcerated persons, I am proud that a growing number of my colleagues, advocates, people with lived experience, and allies concerning sex work have broken a barrier, by discussing today legislation that would decriminalize or legalize sex work.

As the Joint Committee on the Judiciary deliberates on sex law reform, I welcome people to offer their comments in this blogpost below, and/or reach out to my office at  James.Eldridge@masenate.gov to express their works on this new area of criminal justice reform. 

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