The legal challenge was brought by three ex-prostitutes, a would-be client, and ESPLER (Erotic Service Providers Legal, Educational and Research Project). They received good news Thursday after the 9th Circuit judges hinted that some scrutiny of the law was needed. “Why should it be illegal to sell something that it’s legal to give away?” asked, as the Chronicle reported. U.S. District Judge Jeffrey White rejected the challenge last year, saying the 2003 Supreme Court ruling was concerning intimate personal relationship and did not apply to commercial sex, adding that California justified the law against prostitution as a deterrence to violence against women, sexually transmitted diseases and human trafficking, according to the Chronicle.
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