The Morals Shaping Sex Work Laws in America 

Picture of Jenna Owsianik

Jenna Owsianik

March 14, 2024

The Internet skyrocketed the growth of the sex industry, but it also triggered a wave of backlash and ideological campaigns. 

Morals, rather than considerations of fairness and harm reduction, influence policy on sex work. 

Katrina Cole
Katrina Cole, Ph.D., is a Research Analyst from the Justice Information Resource Network. (Courtesy of Katrina Cole)

Katrina Cole, Ph.D., a Research Analyst from the Justice Information Resource Network, conducted a study to understand how these moral values shape American attitudes toward sex work and influence the discussion around decriminalizing prostitution. 

“The landscape of sex work is changing and so are the public’s attitudes. However, I don’t think the law in the US has caught up with that,” said Cole.  

“There have been a lot of attempts to change state legislation on prostitution as a criminal offense, but most often, the bills that are introduced fail to pass. Thus, if we’re going to actually change this policy, we need to understand the basis for people’s attitudes so we can better mobilize support.”   

Questioning moral values 

The 2023 study published in the Journal of Sex Research aimed to address two main research questions: 

  1. Does support for decriminalizing sex work vary depending on where it takes place (brothel, online, or street-based)?  
  1. What is the relationship between moral values and the support for decriminalizing sex work in different venues? 

An advisory board, comprised of sex workers from various US locations including members from COYOTE RI and Sacramento SWOP, was formed to guide the study. Selected for their advocacy and expertise, they helped ensure the research accurately reflected the real experiences and issues of those in the sex industry. 

Assessing views on sex work laws

To gather data, the researcher carried out an online survey via Prime Panels, targeting a diverse demographic representative of the US population’s age, gender, race, and ethnicity. After filtering out unusable responses, the study proceeded with 519 participants. 

The average age of the participants was 45 years. The majority were women (61%) and most identified as White (70%) and non-Hispanic (76%). 

They were asked to rate their support for decriminalizing prostitution in legal brothels, online, and in street-based contexts using a 7-point scale ranging from “Strongly oppose” to “Strongly support.” 

To gain a clearer picture of what affected people’s opinions, the study tracked control variables. It measured participants’ demographic information, education, levels of both sexual and economic liberalism, confidence in the legal system, and concerns about trafficking. The study also applied the Punitive Index to assess how harshly participants thought crimes should be punished. 

A note on language: ‘Sex work’ versus ‘Prostitution’

Before sharing the study overview, Cole explained her decision to use the term “prostitution” in her analysis.

She recognized “sex work,” an umbrella term that covers all types of sexual services, is often viewed as more inclusive and respectful. However, she opted to use “prostitution” in certain cases to be specific and reflect the language of the US criminal justice system.

alien cat house brothel
An exterior photo of the Alien Cathouse Brothel in Nevada from a 2023 Google review.

Moral Foundations Theory 

To identify moral values associated with support or opposition to decriminalizing prostitution, Cole applied Moral Foundations Theory.  

This theory asserts that we hold five basic moral values: 

  1. Harm/care: caring about others’ suffering and wanting to help. 
  1. Fairness/cheating: wanting things to be fair and just. 
  1. Loyalty/betrayal: being loyal to your group or country. 
  1. Authority/subversion: respecting authority and tradition. 
  1. Purity/degradation: keeping yourself and society pure and clean. 

These values can be grouped into two categories: those that focus on individual rights and welfare (harm and fairness) and those that bind society together (loyalty, authority, and purity).  

For example, when it comes to sex work, if you focus more on individual values, you might worry about the workers’ safety and rights. If you focus more on societal values, you might worry about how sex work affects the community as a whole. 

The research team used a 20-item version of the Moral Foundations Questionnaire to assess moral reasoning. It included additional questions to gauge the influence of one’s views on liberty related to economic, government, and personal lifestyle choices.  

The results 

Moral values influenced people’s attitudes toward decriminalization, accounting for 9% to 11.8% of the variation in opinions.  

When other factors were considered, this influence decreased.  

However, a notable trend emerged: Stronger belief in traditional group morals led to less support for decriminalization, while stronger belief in liberty increased support. 

For example, someone who values the binding group morals (loyalty, authority, and purity) is likely to be less supportive of decriminalizing sex work. Doing so could conflict with their views about sexual purity and marriage. It could also be at odds with their respect for authority and desire to maintain social order. 

People who held traditional values were particularly less likely to support decriminalization in brothels. 

Conversely, a person who places a high value on liberty tends to support decriminalizing sex work, likely viewing it as a matter of personal choice. 

Harm-reduction and fairness 

Previous studies show that people often say they want sex work to be illegal because of concerns over harm and trafficking. Yet, this study suggests that the real reasons for people’s position toward decriminalizing sex work are more linked to their moral beliefs in social order and freedom. 

Notably, holding values centered around minimizing harm and maintaining fairness did not predict whether someone would support or oppose decriminalization in any venue. Cole wrote this was unexpected because they usually have an effect. 

The researcher also discovered that support for decriminalizing sex work varied where it takes place. 

Street-based sex workers received the least support for decriminalization, although they often face more health and safety issues 

Yet, overall support levels for sex work in brothels and online showed no difference. 

Demographic factors 

Black individuals were generally less supportive of decriminalization in all venues than White individuals. This finding conflicts with recent studies that suggest White people are more likely to support criminalization.  

Cole suggests the discrepancy could be due to different demographic groups viewing moral values differently and proposes future research investigate further.  

In line with previous findings, this study found that women were generally less supportive of decriminalizing sex work in brothels than men. 

Additionally, being older and having a two-year degree (compared to a high school diploma) were linked to more support for decriminalizing sex work in brothels. 

More results  

  • Both political and sexual liberalism consistently led to more support for decriminalizing sex work in all venues.  
  • Being open to different sexual behaviors (sexual liberalism) had the strongest link to supporting decriminalization.  
  • Political beliefs are a key factor in predicting support for decriminalizing sex work.  
  • People who generally favor strict punishment (punitiveness) were less likely to support decriminalizing sex work in brothels and on the streets. However, their views on punishment didn’t affect their opinions on online sex work.  
  • People who have more trust in the legal system were slightly more likely to support decriminalizing online sex work. 

Advancing sex work law reform 

sex work is work sign with yellow sunflower
Image taken during a 2019 artistic activism event organized by the Asijiki Coalition for the Decriminalisation of Sex Work in South Africa. (Photo source: Wikimedia Commons)

This research offers insights into the complexity and challenges facing criminal justice reform of sex work laws. 

“The most important thing is that the factors driving differences in support for decriminalization are sexual attitudes in general (sexual liberalism) and, in terms of moral values, the more conservative binding values,” said Cole. 

“For marketing purposes, attempts to decriminalize sex work need to be cognizant of that so they can hopefully minimize opposition and get legislation passed.” 

Since moral values deeply influence public opinion, Cole advocates for strategies that emphasize personal and economic freedom and respect for authority to bolster support for decriminalization. 

Campaigns could, for instance, downplay elements that clash with the public’s purity ideals while underscoring how decriminalization allows law enforcement to focus on other offenses. 

This tactic of tailoring messages to align with moral values has proven effective in fields like environmental advocacy and holds promise for sex work law reform. 

Future research must also dive deep, using detailed interviews to uncover the personal meanings of “harm” and unravel how different venues of sex work touch various moral chords. 

Unpacking these layers could pave the way for more nuanced and effective advocacy that ultimately reduces the harms and injustices faced by sex workers. 

Featured Image Source: AI-generated with DALL-E

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