Democratic Senator Tina Smith Proposes Comstock Act Repeal for Sexual Health, Abortion Content

Democratic Senator Tina Smith Proposes Comstock Act Repeal for Sexual Health, Abortion Content

WASHINGTON — Democratic U.S. Senator for Minnesota Tina Smith announced on Thursday plans to introduce legislation to repeal language in the Comstock Act — the infamous law that was the cornerstone of U.S. censorship of all sexual material from the 1870s until the 1970s — concerning distribution of material related to abortion and sexual health.

Smith did not reveal during her announcement the actual text of her proposed Stop Comstock Act (SCA), which has been endorsed by other congressional Democrats such as New York Rep. Pat Ryan.

The Thursday announcement did not make it clear whether Smith and her allies plan to repeal all sex censorship provisions in the Comstock Act and related legislation or, as she seemed to specify in the latter part of her statement, only “language in the Comstock Laws that could be used by an anti-abortion administration to ban the mailing of mifepristone and other drugs used in medication abortions, instruments and equipment used in abortions, and educational material related to sexual health.”

Smith described the Comstock Act as “an arcane 1873 law that Republicans and anti-choice extremists want to misuse to ban abortion nationwide.”

As XBIZ reported, concern about clear and present dangers posed by the Comstock Act spiked this spring as conservative Supreme Court Justices Samuel Alito and Clarence Thomas invoked it in oral arguments, echoing the spirit of the Heritage Foundation-led Project 2025’s call for renewing its enforcement. Enforcement of the act’s outdated provisions could result in the total censorship of adult content, along with other sex-related material.

The Comstock Act, as congressional news site The Hill explained in March, “banned the mailing of materials that were deemed ‘obscene, lewd, or lascivious,’ which included things such as contraception, abortion drugs and pornography.”

Legal experts such as University of Michigan professor Leah Litman, the Hill added, “are concerned either Thomas or Alito — or both — could write a Comstock-focused opinion arguing the law is viable. Such an opinion could embolden a future GOP administration and anti-abortion groups to continue pressing forward with plans to enforce the Comstock Act in ways it hasn’t been enforced before.”

Sen. Smith wrote on Thursday, “The Comstock Act is a 150-year-old zombie law banning abortion that’s long been relegated to the dustbin of history. But extremist Republicans and Trump judges have seized upon the idea of misusing Comstock to bypass Congress and strip women nationwide of their reproductive freedoms. When MAGA Republicans say they intend to use the Comstock Act to control women’s decisions and enact a backdoor national abortion ban, we should believe them. Now that Trump has overturned Roe, a future Republican administration could try to misapply this 150-year-old Comstock law to deny American women their rights, even in states where abortion rights are protected by state law.”

Smith added, “It is too dangerous to leave this law on the books; we cannot allow MAGA judges and politicians to control the lives of American women.”

Her office added that these censorship laws originally “meant to ban the mailing or shipping of every obscene, lewd, indecent, article, matter, thing or device, with the goal of restricting abortion, contraceptives, and even love letters,” and noted that “a future administration hostile to sexual and reproductive health care will willfully misapply these unconstitutionally vague laws to impose a ban on abortion nationwide, even without any Congressional action.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More