O’REGAN J and SACHS J
[81]
As we observed before, the constitutional commitment to human dignity invests a
significant value in the inviolability and worth of the human body. The right to privacy,
therefore, serves to protect and foster that dignity. Commercial sex involves the most intimate of
activity taking place in the most impersonal and public of realms, the market place; it is
simultaneously all about sex and all about money.44 Selling sex represents an opportunity for
women to earn money but within the framework of deeply structured sexist and patriarchal
patterns of social life. A prohibition on commercial sex, therefore, will not ordinarily encroach
upon intimate or meaningful human relationships. Yet it will intrude upon the intensely personal
sphere of sexual intercourse, albeit intercourse for reward.
44
Allen above n 35 at 169-70.
53
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