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Proposition 60 – Adult Films

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Official Title:

Adult Films.  Condoms.  Health Requirements.  Initiative Statute.

Overview:

Proposition 60 would require adult film performers to wear condoms when making an adult film.  The proposition would also allow third parties to bring litigation against adult film producers, talent agents, and distributors for violations of the proposed statute.  Proposition 60 would also require adult film producers to apply for a two-year license from Cal/OSHA in order to be able to produce adult films, and comply with other specified recordkeeping requirements.

Proposition 60 is similar, but not identical to, a local ordinance that was passed in Los Angeles County in 2012.  In November of that year, voters in Los Angeles County passed Measure B, which (among other things) required adult film performers to wear condoms when making adult films in the county.  Supporters of that ordinance argued that is was necessary to protect adult film performer safety and the public health.  Litigation was filed to challenge Measure B.  The courts have altered some provisions of the ordinance, but have found that challenges based on First Amendment grounds are unlikely to prevail.

Proposition 60 would essentially provide that the condom requirement for adult films applies statewide.

Several legislative proposals in recent years also attempted to impose a statewide condom requirement for adult films.  However, none of those proposals passed the Legislature.  

Fiscal Impact:

According to the Legislative Analyst Office (LAO), Proposition 60 will potentially result in reduced state and local tax revenue of millions or tens of millions of dollars per year.  In addition, there will likely be state costs of a few million dollars annually to administer the law.  Finally, the proposition will result in possible ongoing net costs or savings for state and local health and human services programs.

CCC Position:

No position

Support:

Supporters of Proposition 60 include the AIDS Healthcare Foundation.

Supporters argue that the adult film industry accounts for thousands of workplace disease infections in California in recent years.  During the production of adult films, workers, including but not limited to performers, are exposed to a number of sexually transmitted diseases.  Since 1992, the law has required condom use in all adult films produced in California; Proposition 60 closes loopholes in the existing law and improves enforcement of workplace protection in the adult film industry.   

Opposition:

Opponents of Proposition 60 include the adult film industry, the California Democratic Party, and the California Republican Party.

Opponents argue that the real impact of this measure is the creation of an unprecedented lawsuit bonanza that will cost taxpayers tens of millions of dollars and threaten the safety of performers.  Opponents claim Proposition 60 creates a new private right of action authorizing the proponent of this measure and all 38 million residents of California to file lawsuits directly against adult film performers, on-set crew, and cable and satellite television companies who distribute the films.   

Reflections on Church Teaching:

"Pornography consists in removing real or simulated sexual acts from the intimacy of the partners, in order to display them deliberately to third parties.  It offends against chastity because it perverts the conjugal act, the intimate giving of spouses to each other.  It does grave injury to the dignity of its participants (actors, vendors, the public), since each one becomes an object of base pleasure and illicit profit for others.  It immerses all who are involved in the illusion of a fantasy world.  It is a grave offense. Civil authorities should prevent the production and distribution of pornographic materials."  Catechism of the Catholic Church, no.2354.

“There is no dignity when the human dimension is eliminated from the person. In short, the problem with pornography is not that it shows too much of the person, but that it shows far too little.”  Saint Pope John Paul II.

"It is also to be feared that the man, growing used to the employment of anti-conceptive practices, may finally lose respect for the woman and, no longer caring for her physical and psychological equilibrium, may come to the point of considering her as a mere instrument of selfish enjoyment, and no longer his respected and beloved companion."  Humanae Vitae, Encyclical Letter of Pope Paul VI on the Regulation of Birth (July 25, 1968).

“There are many victims of pornography. Every person portrayed in it is beloved by God our Father and is someone’s daughter or son. Their dignity is abused as they are used for others’ pleasure and profit. Pornography has connections to sex trafficking and commercial sexual exploitation worldwide, an evil that we, as bishops, have condemned strenuously. Many sex trafficking victims (mostly women and girls) are forced into prostitution, which may include pornography as “training” or as their “product.” All child pornography is automatically trafficking and a crime, because it involves the sexual exploitation of a minor for commercial gain and it is against the child’s will due to the inability to give consent.  The actors in pornographic films also face serious risks, such as contracting a sexually transmitted infection (STI) and high rates of drug and alcohol abuse.”  Create In Me A Clean Heart: A Pastoral Response to Pornography http://www.usccb.org/issues-and-action/human-life-and-dignity/pornography/index.cfm