Nudity does not have to be associated with sexuality
COMMENTARY

On Nov. 5, Michigan Governor Jennifer Granholm signed Public Act 192 of 2003, which amends several sections of a 1978 act to “prohibit the dissemination, exhibiting or displaying of certain sexually explicit matter to minors.”

PA 192 states that store managers must conceal the lower two-thirds of an item’s cover or put it in a restricted “adults only” part of a store if it contains “sexually explicit matter.”

According to this act, sexually explicit matter includes “a picture, photograph, drawing, sculpture, motion picture film, or similar visual representation that depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet that contains such a visual representation.” The act fails to include exceptions for art, comic books or literature. In failing to narrowly define “nudity,” this legislation perpetuates the Puritan ethic that the nude human body is inherently evil, which in turn results in children who are ashamed of themselves physically and sexually.

As human beings, we are born nude. We also propagate our race while nude. The nude human body, therefore, should not be linked with sadomasochism, rather it should be exalted as natural and beautiful. American leaders should consider the Western European approach to sexual issues. European culture does not associate nudity with sadomasochism — on the contrary, most Europeans do not directly relate the naked body to sexual intercourse. Many Europeans view nudity as a natural state of being and sex as a natural act.

In many cities throughout Europe, such as Paris and Amsterdam, sex shops and prostitution are abundant, but rape does not occur as often in these places as it does in the United States. According to a U.N. survey of crime trends covering 1998 — 2000, the U.S had more than twice the occurrence of reported rapes than any European nation. During this period, 1.4 of every 10,000 people in France and one of every 10,000 people in the Netherlands reported they were raped.

In the U.S., however, 3.2 of every 10, 000 people reported they were raped. These statistics may imply America’s culture of censorship only serves to heighten the occurrence of sexual criminal acts.

An amendment to change the focus from content to cover was defeated. Under the act, a book of Auguste Rodin’s sculptures that does display nudity on the cover must be placed in an “adults only” section of a store or must be two-thirds covered. PA 192 not only creates ridiculous situations such as this, but also infringes on the rights to property, freedom of expression and a free marketplace. Under PA 192, anyone who decides to “sell, lend, give, exhibit, [or] show” a minor sexually explicit matter or let a minor examine the material, can be punished by imprisonment for not more than 2 years and/or a fine of up to $10,000.

A store owner or manager who allows minors access to sexually explicit matter is guilty of a misdemeanor punishable by 93 days in prison and/or a fine of up to $5,000. PA 192 infringes on the right to free expression, a right which includes the unhindered selling of materials such as art, literature and pornography. While the act’s purpose is to protect children, its inclusive language only serves to deny people the right to display, sell and view what they choose.

Joy Schaefer is a columnist for the Aquinas Times at Aquinas College.
This column was distributed by U-Wire.