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November 19, 2024 By Mariah Grant

On November 14, 2024, Woodhull Freedom Foundation and New Moon Network hosted a dialogue to gather with leaders in the movement for sex workers’ rights and the adult industry to share information on the post-election political landscape. The facilitated meeting included debriefs on our understanding of election outcomes and survey data gathered from attendees. We heard from national and local advocates about what they see and the opportunities for collective action. 

During the dialogue, Woodhull Advocacy Consultant Mariah Grant presented an analysis of the election outcomes, including impacts, challenges, and opportunities for advancing sex worker rights in the years ahead. Below is an overview of this analysis, which captures what we know just over a week after the election, including President Trump’s cabinet selections to date.

119th US Congress – Legislative Advocacy

House of Representatives

For majority control, a political party needs 218 seats in the House of Representatives.

Republicans maintained their control of the House.Before the election, Representative Mike Johnson (R-LA-4) was Speaker of the House, and Representative Hakeem Jeffries (D-NY-8) was Minority Leader for the Democrats. Both Rep. Johnson and Rep. Jeffries won their districts and are expected to maintain their leadership roles in the 119th Congress.

Election Outcomes:

  • Democrats: 209
  • Republicans: 218
  • Yet to be called: 8

Good News: Sarah McBride won Delaware’s only House seat bid. She becomes the first openly transgender representative in Congress.

Senate

For majority control, a political party needs 51 seats or 50 plus the White House, with the Vice President casting any tie-breaking votes.

Republicans took control of the Senate from Democrats. Kentucky Senator Mitch McConnel was Minority Leader during the 118th Congress; Republicans elected South Dakota Senator John Thune as the next Majority Leader. Senator Chuck Schumer of New York was the Majority Leader for Democrats, but he is not expected to maintain the leadership role for the party; they have not yet elected the Minority Leader for the next Congress.

Election Outcomes:

  • Democrats: 47* (lost 4 seats)
  • Republicans 53 (gained 4 seats)

* 2 Independents who caucus with the Democrats

Good News: Lisa Blunt (Delaware) and Angela Alsobrooks (Maryland) won their races, making it the first time two Black women will simultaneously serve in the Senate.

The following bills and legislation provide important information on which Representatives and Senators will be in the next Congress and may be allies or opponents of sex workers’ rights.

  • Representative Ro Khanna and Senator Elizabeth Warren first introduced this bill in 2020 during the 116th Congress and reintroduced it in 2022 during the 117th Congress. Sen. Warren and Rep. Khanna have indicated they will reintroduce the bill during the final months of this current Congress.
  • The bill would “direct the Secretary of Health and Human Services to conduct a study to assess the unintended impacts on the health and safety of people engaged in transactional sex, in connection with the enactment of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 and the loss of interactive computer services that host information related to sexual exchange, to direct the Attorney General to submit a report on human trafficking investigations and prosecutions in connection with the same, and for other purposes.”
  • Expected outcome: The bill is unlikely to pass, but it is an important messaging bill that provides a unique opportunity to advocate for sex worker rights at the federal level.

Representatives who co-sponsored (supported) SAFE SEX Workers Study Act who will be in the 119th Congress (these are Representatives who may be supportive of sex worker rights):

  1. Lead Sponsor: Rep. Khanna, Ro (D-CA-17)
  2. Rep. McGovern, James (D-MA-2)
  3. Rep. Holmes Norton, Eleanor (DC-At Large – no voting power)
  4. Rep. Tlaib, Rashida (D-MI-12)
  5. Rep. Stanton, Greg (D-AZ-4)
  6. Rep. Cohen, Steve (D-TN-9)
  7. Rep. Watson Coleman, Bonnie (D-NJ-12)
  8. Rep. Garcia, Chuy (D-IL-4)
  9. Rep. Ocasio-Cortez, Alexandria (D-NY-14)
  10. Rep. Pocan, Mark (D-WI-2)

Senators who co-sponsored (supported) SAFE SEX Workers Study Act who will be in the 119th Congress (these are Representatives who may be supportive of sex worker rights):

  1. Lead Sponsor: Sen. Warren, Elizabeth (D-MA)
  2. Sen. Wyden, Ron (D-OR)
  3. Sen. Sanders, Bernard (I-VT)
  4. Sen. Booker, Cory A. (D-NJ)
  5. Sen. Markey, Edward J. (D-MA)

Eliminating Abusive and Rampant Neglect of Interactive Technologies Act (EARN IT Act)

  • This bill has been introduced three times and was passed unanimously by the Senate Judiciary Committee during the 117th Congress. During this current Congress, it died in committee and will not be passed, but it is likely to be reintroduced in the next Congress.
  • This bill focuses on preventing the dissemination of child sexual abuse material (CSAM) online. The intention is good, but the results could lead to unintended harm similar to FOSTA in that it would create new liability for material posted online, interfering with freedom of speech and increasing censorship online. Many sex worker rights, LGBTQIA+ groups, and privacy and freedom of expression groups oppose the bill.
  • Expected outcome: This bill is likely to be reintroduced in the 119th Congress and given its bipartisan support and previous successes in the Senate Judiciary Committee, it may be passed.

Representatives who co-sponsored (supported) EARN IT Act who will be in the 119th Congress (these are Representatives who may not be supportive of sex worker rights):

  1. Lead Sponsor Rep. Ann Wagner (R-MO-4)
  2. Rep. Garcia, Sylvia R. (D-TX-29)
  3. Rep. Owens, Burgess (R-UT-4)
  4. Rep. Valadao, David G. (R-CA-22)
  5. Rep. Moore, Blake D. (R-UT-1)
  6. Rep. Donalds, Byron (R-FL-19)
  7. Rep. Smith, Jason (R-MO-8)
  8. Rep. Calvert, Ken (R-CA-41)
  9. Rep. Cleaver, Emanuel (D-MO-5)
  10. Rep. Salazar, Maria Elvira (R-FL-27)
  11. Rep. Nunn, Zachary (R-IA-3)
  12. Rep. Ellzey, Jake (R-TX-6)
  13. Rep. Bacon, Don (R-NE-2)
  14. Rep. Alford, Mark (R-MO-4)
  15. Rep. Franklin, C. Scott (R-FL-18)
  16. Rep. McCaul, Michael T. (R-TX-10)
  17. Rep. Bice, Stephanie I. (R-OK-5)
  18. Rep. De La Cruz, Monica (R-TX-15)
  19. Rep. Fleischmann, Charles J. “Chuck” (R-TN-3)
  20. Rep. Mann, Tracey (R-KS-1)
  21. Rep. Carey, Mike (R-OH-15)
  22. Rep. Carter, Troy (D-LA-2)
  23. Rep. Wilson, Joe (R-SC-2)
  24. Rep. LaLota, Nick (R-NY-1)
  25. Rep. Miller, Mary E. (R-IL-15)
  26. Rep. Reschenthaler, Guy (R-PA-14)
  27. Rep. Davis, Donald G. (D-NC-1)
  28. Rep. Gottheimer, Josh (D-NJ-5)
  29. Rep. Smith, Christopher H. (R-NJ-4)

Senators who co-sponsored (supported) EARN IT Act who will be in the 119th Congress (these are Senators who may not be supportive of sex worker rights):

Our Issues

  1. Sen. Blumenthal, Richard (D-CT)
  2. Sen. Grassley, Chuck (R-IA)
  3. Sen. Durbin, Richard J. (D-IL)
  4. Sen. Hawley, Josh (R-MO)
  5. Sen. Cortez Masto, Catherine (D-NV)
  6. Sen. Tillis, Thomas (R-NC)
  7. Sen. Hassan, Margaret Wood (D-NH)
  8. Sen. Ernst, Joni (R-IA)
  9. Sen. Warner, Mark R. (D-VA)
  10. Sen. Murkowski, Lisa (R-AK)
  11. Sen. Whitehouse, Sheldon (D-RI)
  12. Sen. Collins, Susan M. (R-ME)
  13. Sen. Hirono, Mazie K. (D-HI)
  14. Sen. Cruz, Ted (R-TX)
  15. Sen. Rubio, Marco (R-FL)
  16. Sen. Cornyn, John (R-TX)
  17. Sen. Kennedy, John (R-LA)
  18. Sen. Blackburn, Marsha (R-TN)
  19. Sen. Ricketts, Pete (R-NE)
  20. Sen. Braun, Mike (R-IN)
  21. Sen. Kelly, Mark (D-AZ)

Allow States to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Trafficking Act (SESTA)

  • This bill passed in 2018 and has caused significant harm to sex workers and survivors of trafficking.
  • Outcome: This bill is now law, and we include it here to explain who opposed it and will be in the next Congress.

Representatives who voted against FOSTA and will be in the 119th Congress (these are representatives who may be supportive of sex worker rights):

  1. Rep. Beyer, Donald (D-VA-8)
  2. Rep. Biggs, Andy (R-AZ-5)
  3. Rep. Davidson, Warren (R-OH-8)
  4. Rep. DeSaulier, Mark (D-CA-10)
  5. Rep. Gosar, Paul (R-AZ-9)
  6. Rep. Griffith, Morgan (R-VA-9)
  7. Rep. Huffman, Jared (D-CA-2)
  8. Rep. Jayapal, Pramila (D-WA-7)
  9. Rep. Khanna, Ro (D-CA-17)
  10. Rep. Lofgren, Zoe (D-CA-18)
  11. Rep. Massie, Thomas (D-KY-4)
  12. Rep. McClintock, Tom (R-CA-5)
  13. Rep. Scott, Robert (D-VA-3)
  14. Rep. Takano, Mark (D-CA-39)
  15. Rep. Watson Coleman, Bonnie (D-CA-12)
  16. Rep. Williams, Roger (R-TX-25)

Senators who voted against FOSTA and will be in the 119th Congress (these are representatives who may be supportive of sex worker rights):

  1. Sen. Wyden, Ron (D-OR)
  2. Sen. Paul, Rand (R-KY)

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