Mulieris Dignitatem: pornography and the dignity of the soul - an exploration of dignity in a protected speech paradigm.

• Author: Leary, Mary G.

INTRODUCTION

Pornography. It is a word that has as many different connotations as there are people. For some the word is loaded, signifying a body of material that objectifies at the least and victimizes at its worst. For others, it is more innocuous and implies mere sexual explicitness. While agreement on the term evades us, what is clear is that for many the basis for the meaning they give pornography is outdated and ill informed, referencing magazines of days gone by with pictures of unclothed women. The reality of today's pornography is indeed unrecognizable from that produced in the latter part of the twentieth century in both the type of material and the quantity.

The numbers alone can be astounding, with some reports that every second $3,075.64 is being spent by the 28,258 Internet users who are viewing pornography on one of the 4.2 million pornographic web sites available to them. (1) While some might argue that such an expansion of pornography poses no social problem, research suggests that today's pornography increasingly depicts actual violent sex acts involving men dominating and abusing women in a variety of forms, and the proliferation of such material has a social harm. (2)

Questions, however, remain: How does a society as a "culture" respond? Indeed, does society want to limit this proliferation, or more importantly, can we as a society withstand its existence? This social phenomenon has been examined in many disciplines, including social science, philosophy, law--all of which have their place. Mulieris Dignitatem's principles regarding the dignity of women and the harm caused by a failure to realize fully that dignity offer a new lens through which to view contemporary social problems affecting women. Chief among these problems is the prevalence and increasing violence of pornography and its implications for the sexualization, objectification, and commoditization of women; the development of healthy sexual maturity, the healthy growth of adolescents, particularly girls; and the strengthening of familial relationships. This inflicts a toll not only on women, but also on men and their perceptions of women, girls, and themselves, as well as on children and society's perception of females as sexualized and objectified beings. Mulieris Dignitatem reminds readers that the fundamental basis of the analysis of this problem is not the law, or expression, or politics, but dignity. By calling on society to examine the inherent dignity of women, Mulieris Dignitatem offers a path out of this morass of harmful images, which can cost a society more than can be measured: its own dignity.

This Article uses Mulieris Dignitatem to examine the social problem of pornography through what the Article labels the "lens of dignity." Part I of the Article explores Mulieris Dignitatem's statements regarding the inherent dignity of women and its implications on pornography. Part II examines the question of whether John Paul II's concerns have been borne out by examining the social effects of pornography that have arisen under the "free expression" paradigm dominant in the American dialogue, concluding that the majority of the recent research on the current form of pornography does support the social harm concern. Part III contrasts the dignity approach with this "free expression" lens. In so doing, the Article examines whether in American jurisprudence there is a history of a dignity-based analysis. Part W examines whether there is room in the free expression paradigm for the dignity of women to be considered. Part V concludes that true social change cannot occur through a shift in legal framework, but through a social paradigm shift.

As a threshold matter, one must define the material being discussed. Not surprisingly, the definition of "pornography" remains elusive. Indeed, the 1986 Attorney General's Commission on Pornography Final Report recognizes the lack of a clear definition. (3) At a minimum, pornography refers to "predominantly sexually explicit material intended primarily for the purpose of sexual arousal." (4) This obviously covers a broad spectrum of material. Hence, the Commission described three subclassifications of pornography: (1) sexually violent material; (2) nonviolent materials depicting degradation, domination, subordination, humiliation; and (3) nonviolent nondegrading materials. (5) Others have not been so charitable, defining the material as the "documentation of sexual abuse and human-rights violations," which at its essence portrays women as being used, abused, and assaulted for the purpose of male sexual arousal. (6)

Regardless of the definition, it is tempting to look at this material as a problem only for women. However, Pope John Paul II calls our attention to the reality that pornography offends the concept of dignity beyond the dignity of the women in the images or those harmed by these images. It actually offends the dignity of all women and people. (7)

1. MULIERIS DIGNITA TEMARTICULATES PRINCIPLES REGARDING THE DIGNITY OF WOMEN RELEVANT TO ANY CONTEMPORARY SOCIAL PROBLEM THAT VICTIMIZES OR OBJECTIFIES WOMEN

   1. The Dignity of Women

      Mulieris Dignitatem reminds readers that women utilized (8) in the creation of pornography deserve to be treated with dignity for no less reason than that their inherent dignity is not just a philosophical norm, but is awarded to them from God. (9) To be sure, this is no application of the secular notion of the Golden Rule. It is the nature and quality of this dignity that is the cornerstone of understanding the rights of women and people to elevation rather than degradation.

      1. One Aspect of Dignity: Equality

      As a human, one possesses a deep and holy dignity, which forms the very foundation of humanity. By focusing on Genesis 1:27, Mulieris Dignitatem expounds on the notion that human dignity is inherent in the creation of humanity. (10) One component of this inherent dignity is the equality of the sexes. (11) While such a concept is not revolutionary, John Paul II directs to Genesis 2:18-25 as "[t]he biblical text [that] provides sufficient bases for recognizing the essential equality of man and woman." (12) Men and women are made in God's image and likeness; no higher dignity could be imbued upon humanity to separate humans from all other creatures. (13)

      Equality between men and women is integral to that dignity. As reflected in the New Testament, Christ himself opposed the tradition that discriminated against woman without proper regard for her dignity. (14) "Christ did everything possible to ensure that--in the context of the customs and social relationships of that time women would find in his teaching and actions their own subjectivity and dignity." (15)

      It is an oversimplification, however, to conclude that equality with men is the only relevant characteristic of the dignity of women. Indeed, two items of little value may in fact be equal, but if they are not truly valuable then their equality is irrelevant. It is the fact that both men and women are created to an equal degree in the image and likeness of God that is "essential for the human being." (16)

      As to women's unique dignity, John Paul II focuses on Mary as the center of the "salvific event." (17)

      On the one hand, this dignity consists in the supernatural elevation to union with God in Jesus Christ, which determines the ultimate finality of the existence of every person.... On the other hand, however, the event at Nazareth highlights a form of union with the living God which can only belong to the "woman," Mary: the union between mother and son. (18) The concept of Mary as the "new Eve" is not new, but Mullieris Dignitatem connects it to

      that "beginning" in which one finds the "woman" as she was intended to be in creation, and therefore in the eternal mind of God: in the bosom of the Most Holy Trinity. Mary is "the new beginning" of the dignity and vocation of women, of each and every woman. (19) 2. One Aspect of Dignity: Dignity Despite Oppression

      A second relevant aspect of dignity as expressed in Mulieris Dignitatem is the dignity of the vulnerable and the oppressed. Pornography is often the product of sexual subordination, desperation out of poverty, and sexual slavery. (20) Not surprisingly, women involved in pornography can be some of the most vulnerable in society. (21) Pornography can be a gateway behavior for prostitution, and this material can be used to blackmail women to continue to engage in its production. (22) John Paul II applies this concept of oppression to women in general. (23) In his 1995 Letter to Women, he discusses some of the social sins committed against women:

      Then too, when we look at one of the most sensitive aspects of the situation of women in the world, how can we not mention the long and degrading history, albeit often an "underground" history, of violence against women in the area of sexuality?... [W]e cannot remain indifferent and resigned before this phenomenon. The time has come to condemn vigorously the types of sexual violence which frequently have women for their object and to pass laws which effectively defend them from such violence. Nor can we fail, in the name of the respect due to the human person, to condemn the widespread hedonistic and commercial culture which encourages the systematic exploitation of sexuality and corrupts even very young girls into letting their bodies be used for profit. (24) Mullieris Dignitatem turns directly to the teachings of Jesus to highlight the continuum of the dignity of the oppressed. Through an examination of Jesus' treatment of oppressed and vulnerable women, the document specifically highlights that the proper attitude toward women is one characterized not only by equality, but also by recognition of their dignity. (25) It does so by focusing on two demonstrations of worthiness: the woman accused of adultery, and women referred to as harlots.(26) Jesus rejects the social assumption that some people...