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Thursday, May 26, 2005

 

The worlds oldest profession

Why is Prostitution illegal?

That is probably the easiest part of this weeks question. Sex for sale is illegal simply because the founders of the colonies that became America a few centuries ago were religious extremists. While for the most part they were mildly so for their day, and ours and were certainly not of the radical variety like Al-Queda, Hamas, or the IRA, they still had an unwarranted killing or two on their dossiers. They believed not in freedom of religions, but freedom of their religion. Part and parcel of this was that law and church doctrine should mirror each other. This was unfortunately the only way they could see to protect their religion. But extremists they were none the less. The Bible is not very approving of scarlet women so neither were their laws. We're stuck with the legacy of this today.

Should it (prostitution) be legal?

Yes. It should be, in accordance either with the labor or consent laws of each state which ever sets the higher age, or perhaps just a federally ordained eighteen years of age. Beyond that and strict regulations requiring frequent STD testing for industry workers, and the trade being taxed at no higher a rate than any other service industry, leave it alone. I do think however that unlike our German friends we should allow people to not take jobs in this field of dubious virtue and negotiable affections and retain their unemployment benefits. Somepeople are simply unfit for the profession just as some are unfit to be police officers.



Comments:
Your first link is broken. I'd be interested to see where it was supposed to point.

Also, could you provide some evidence for your claim that the Founders were only trying to protect their religion? As I recall the 1st Amendment does not contain the word Christianity or anything like it.
 
I said the people who started the _colonies_. This is distinctly different from the people who started the _nation_. However, if you look at a lot of the laws on the books in the older states many of them date from the colonial period.
 
But...those laws (if they still exist) are not enforced. If they were they would (hopefully) be struck down as unconstitutional given the 1st amendment.

I guess I just don't quite see how the religious extremism of the early colonists (or lack thereof) has all that much to do with why prostitution is illegal.
 
The "blue laws" do exist in a lot of places still. Some towns still don't allow stores to open sundays and such but they are still there.
 
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