Title: Rethinking Masculinity: Sex, Law, and the Long American History of Desire
When we talk about masculinity in America, we often reach for tired stereotypes—toughness, stoicism, control. But that version of manhood leaves little room for a truth that’s always been part of the male experience: desire. It’s time we stop pretending that sexuality is something shameful or dangerous, and instead treat it as a natural, complex part of being human—especially in the context of law, culture, and personal responsibility.
California, a state that has long shaped the nation’s social norms, is quietly reshaping its approach to sex work. In 2022, lawmakers repealed a controversial part of California Penal Code § 647, specifically Section 647(c) (commonly known as the “walking while trans” law), which allowed police to arrest individuals—often women of color and transgender women—for loitering with the perceived intent to engage in prostitution. The repeal, signed into law by Governor Gavin Newsom, acknowledged the deep bias and harm caused by laws that criminalized identity rather than behavior. It was a step toward a more just and nuanced conversation about sex, safety, and autonomy.
But this is not new territory. The tension between law, sex, and masculine identity has always been woven into the American story.
Take Benjamin Franklin, one of the most revered Founding Fathers. Franklin was a scientist, diplomat, inventor—and unapologetic libertine. In his private writing, such as the infamous Advice to a Young Man on the Choice of a Mistress (1745), Franklin advocates for sexual honesty and pragmatism. He didn’t see sex as a moral failure; he saw it as a part of life. His popularity among Parisian women during his diplomatic years in France wasn’t incidental—it was part of his charm, his humanity, and his ability to navigate cultures with grace and humor. In Franklin’s world, sexuality didn’t detract from character—it added to it.
Gouverneur Morris, the man who literally wrote the Preamble to the Constitution, was even more openly libertine. A notorious flirt and adventurer, Morris documented his many sexual exploits in journals during his time in France, including affairs with married women and sex workers. Even after losing a leg in a carriage accident, he never slowed down. His contemporaries called him immoral. Today, we might call him deeply human. His sexual openness never stopped him from shaping the bedrock of American democracy.
Then there’s Wyatt Earp, one of the most iconic figures of the Wild West. We know him from movies as a law-and-order gunslinger, but his early years were anything but clean-cut. In the 1870s, Earp was arrested multiple times in Illinois for being found in brothels, likely as a bouncer or brothel manager. His relationships with sex workers were part of his day-to-day life. And yet, this man—deeply entangled in the vice economy—would later become a symbol of frontier justice, most famously in the 1881 Gunfight at the O.K. Corral. His life shows us that transformation is real, and that moral complexity doesn't preclude leadership or heroism.
This is the uncomfortable truth: sex, brothels, and desire have always been part of the American masculine experience. What’s changed—and must continue to change—is how we treat those involved in that experience, especially sex workers.
Throughout the 19th century, brothels were widespread in California, particularly in port cities like San Francisco and in boomtowns like Bodie and Sacramento during the Gold Rush. They were often tolerated by law enforcement, regulated unofficially, and at times even taxed. Sex work wasn’t new—it was normalized, woven into the very economic and social fabric of frontier life.
Today, instead of regulating and respecting this long-standing reality, we often criminalize it. While sex work itself remains largely illegal in California under Penal Code § 647(b), efforts are growing to decriminalize sex workers while cracking down on coercion and trafficking. That’s a smarter, more ethical approach. It’s rooted in the same Enlightenment values Franklin and Morris lived by: liberty, autonomy, and the pursuit of happiness—not just for men, but for everyone.
This raises a fundamental question about masculinity: What does it mean to be a man in a world that is finally beginning to reckon with the legacy of sexual shame and legal hypocrisy?
Here are some core ideas we might carry forward:
1. Masculinity Has Always Included Desire—Let’s Talk About It Honestly
From Franklin’s essays on mistresses to Morris’s Parisian adventures, American masculinity has never been sexually neutral. These men lived full, complex lives that included romantic and sexual relationships as part of their identity. A mature, evolved view of masculinity means acknowledging desire not as shameful or dangerous, but as natural, manageable, and worthy of open discussion.
2. Progress Isn’t Purity—Even Lawmen Had Shadows
Wyatt Earp’s early days in the vice world weren’t an obstacle to becoming a respected figure; they were part of what made him effective. He knew both sides of the law, which made him practical and resilient. Today’s masculinity should allow room for imperfection—not as an excuse, but as an acknowledgment that men grow through their struggles, not just their successes.
3. California Law Is Evolving—So Should Masculinity
The repeal of discriminatory laws like the anti-loitering statute shows that our society can recognize when laws do more harm than good. Real strength—the kind of strength men should model—lies in protecting the vulnerable, standing up for justice, and admitting when past approaches were wrong.
4. Respect, Not Repression: A Healthier Model for Sex
Legalized, regulated sex work could reflect a civilized, progressive approach to human sexuality. Repression only leads to harm, as history has shown repeatedly. A healthy masculinity recognizes that respect, communication, and maturity are far more powerful than fear or shame.
5. Evolving Laws Mirror Evolving Men
Masculinity is not static. It evolves with culture, policy, and social expectations. As California debates new laws and reforms around sex work, men should see this as a call to evolve alongside—to become more compassionate, more self-aware, and more responsible in how they view sex and power.
6. The Goal: Safer Society, Stronger Men
Empowering sex workers through decriminalization and legal protection doesn’t make men weaker—it demands they be better. It calls for men to model respect, empathy, and adult self-regulation. In doing so, society becomes safer for everyone.
If we take anything from Franklin’s wit, Morris’s honesty, or Earp’s gritty resilience, it should be this: masculinity has always contained contradictions. The challenge of the 21st century is to live with those contradictions ethically and out loud—not to deny them.
That begins with talking honestly about sex. About the law. About the stories we tell about what it means to be a man. And about building a society where all people—regardless of profession, gender, or past mistakes—are treated with dignity.
Because a truly strong man doesn’t need to dominate or repress. He listens. He learns. He leads by example.
And that’s the kind of masculinity worth fighting for.
Absolutely! Here’s a curated list of talking points and social media post ideas that tie into Men’s Health Month (June) with a modern, inclusive take on masculinity—integrating emotional well-being, evolving gender roles, and the importance of open conversations around sex, health, and responsibility.
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🔹 Talking Points on Masculinity for Men’s Health Month
1. Redefining Strength
- True strength includes vulnerability, emotional literacy, and the courage to ask for help.
- Masculinity isn't about dominance; it’s about responsibility, integrity, and compassion.
2. Masculinity Includes Sexual Wellness
- Men deserve healthy, shame-free conversations around sex, intimacy, and consent.
- Recognizing desire as a normal part of being human reduces stigma and encourages safer practices.
3. Mental Health is a Masculine Issue
- Men are 3–4 times more likely to die by suicide than women. Ignoring mental health isn’t manly—it’s dangerous.
- Therapy, connection, and openness are essential to well-being.
4. Evolving with the Law and Society
- As laws like California’s Penal Code § 647 evolve to protect the dignity of all people, men must evolve too.
- Supporting legal reform that respects sex workers and bodily autonomy is part of building a safer, smarter society.
5. Historical Perspective
- Even icons like Benjamin Franklin and Wyatt Earp led complex lives where sexuality and masculinity intertwined.
- Understanding our history helps us build a better, more ethical present.
6. Healthy Relationships Begin with Self-Respect
- Masculine identity is strengthened—not threatened—by boundaries, communication, and respect for others' autonomy.
- Consent culture isn’t about saying “no”—it’s about learning how to say “yes” responsibly.
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🔹 Social Media Posts for Men’s Health Month
🔸 Instagram/Twitter/Facebook Captions:
1.
💬 Real men go to therapy. Real men cry. Real men rest.
Let’s rewrite masculinity. #MensHealthMonth #HealthyMasculinity
2.
🧠 Mental health is health.
Masculinity doesn’t mean suffering in silence. Speak up. Heal. Grow.
#MensHealth #BreakTheStigma
3.
💡 Did you know Benjamin Franklin wrote about sex and desire openly—and still helped found a country?
Maybe it’s time to stop pretending desire makes you weak.
#MensHealthMonth #FranklyMasculine
4.
⚖️ California is evolving laws to protect sex workers and respect autonomy.
Evolved masculinity means supporting laws that protect everyone.
#JusticeForAll #MensHealthMonth #HealthyManhood
5.
💥 Wyatt Earp started in brothels. Gouverneur Morris was a self-described libertine.
Your past doesn’t define your future. Masculinity is a journey.
#MenCanChange #MensHealthMonth
6.
❤️ Consent is confidence.
Communication is power.
Respect is sexy.
Let’s raise the bar for what it means to be a man.
#MensHealthMonth #HealthyMasculinity
7.
👊 You don’t have to be perfect to be a good man.
Start with honesty, empathy, and growth.
#MensHealth #ModernMasculinity
