DC Madam’s legal effort could “decriminalize” prostitution

Deborah Jeane Palfrey, the alleged “DC Madam,” and her lawyers are fighting to have the government’s case against her dismissed, citing a gay civil rights case.

The case Lawrence v Texas, decided in 2003, found that the government could not regulate private sexual acts, and resulted in the striking down of a Texas law banning gay sex. Palfrey, who is accused of running an elite DC prostitution ring, said Sunday in an email sent to The Daily Background that she believes the case may apply to her situation as well.

“The Supreme Court held that private, consensual sex between homosexual adults is protected under the Due Process Clause of the Fourteenth Amendment,” Palfrey said. Her lawyers contended in a legal brief filed earlier this year that the government is seeking to enforce “antiquated statutes aimed at regulating morality and lifestyle choices, the criminality of which has been seriously called into question in the aftermath of Lawrence.”