If you do a little research on the history of prostitution, you will find that:
1.) Before 1910, prostitution was legal in the United States;
2.) In 1910, the Mann Act was passed;
3.) After 1910, the states started enacting laws making prostitution illegal. For instance, Michigan enacted their law in 1931 (http://www.legislature.mi.gov/(S(zai...1931-LXVII.pdf)
Outside of the Mann Act, there is not a federal law regarding prostitution. However, the Federal government has deemed prostitution illegal.
Our federal government has told The Bureau of Indiana Affairs the act of prostitution is not allowed on any reservation.
Let's not forget the Federal government's "anti-prostitution pledge": (http://en.wikipedia.org/wiki/Anti-prostitution_pledge)
Originally Posted by Grace
I don't understand how you and others can blur the distinction between federal law and state law, Grace.
1) There were MANY municipalities that outlawed prostitution before 1910. It wasn't a free-for-all EVERYWHERE. It was just that before the Mann act the feds didn't have the slightest thing to say about it and what they were trying to do was make it illegal to traffic humans across state lines. The overly zealous brought about the abuse of the law trying to make it apply to things it was never intended and that's what brought about the Hoke decision three years later when the Supreme Court ruled that the feds have no business making laws regarding prostitution.
2) Yes, the Mann act was passed in 1910 to try to stop the flow of human trafficking for "immoral purposes", but it had nothing to do with local laws and regulations regarding prostitution, only moving them across state lines.
3) There were laws in many localities before 1910 regarding prostitution. Some making it completely illegal, some confining it to certain areas of a town or outside city limits, some limiting the size of brothels, and so on. That is not a matter for the feds, however. The states, cities, and counties are all free to govern prostitution as they see fit. Again, I give you Nevada as an example.
The government can tell the Bureau of Indian Affairs whatever the hell it wants, the reservations are sovereign nations and as long as they don't violate a US Federal law they can tell them to go to hell, and have. Suggestions and instructions do not equal law.
The anti-prostitution pledge is NOT a law. If I want federal money then they get to make the rules as to what I have to do to get it. If I don't want their money then in theory, I should be able to do what I want (and for the most part, can).
Even though not a law, from your own link:
"The U.S. federal government requires non-governmental organizations (NGOs) that receive federal anti-HIV/AIDS or anti-trafficking funds to adopt an organization-wide policy opposing prostitution and sex-trafficking. This requirement, known as the anti-prostitution pledge, has been in place since 2003. Initially it was only applied to foreign-based NGOs, but in 2005 the administration began to apply it to U.S.-based organizations as well, resulting in ongoing court challenges on First Amendment grounds. The policy has also been criticized as counterproductive."
The Feds have an uphill battle with this "pledge" in that it is directly opposite a decided Supreme Court decision that they cannot and should not have any say in the legality of prostitution.
Once again, the examples you folks are citing demonstrate over and over how when the government gets its nose in something things almost never turn out better and NEVER the way you expect them. Why on earth would you want them involved in this in any way, shape, or form??
Jack