Cascadia Journal

As I write this, the biggest national news we have seen in the last couple of days has been the revelation that New York governor Eliot Spitzer has hired a number of prostitutes over the last year. Federal agents discovered this transgression in the law while on another investigation, an investigation where the US government was combing through the records of private banking transactions looking for “terrorist activities” and other crimes. Nevertheless, while the government is engaging in warrantless searches of our banking records, the real story was the sensational one. The story that Spitzer was paying for sex is the one we read about.

It continues to fascinate me how our governments, usually our local ones, will spend so much time and effort trying to eradicate prostitution. Sure, it is an unseemly thing to do. But I find it difficult to understand why the government spends so many resources on this when those scarce funds could be spent on many more important things. Besides, I always wonder why our governments want to spend so much time restricting rights rather than allowing us the freedom to act as we will.

No, I am not personally interested in prostitutes nor do I think it’s a good idea for anyone to take up the activity. On the other hand, I firmly believe that if a willing buyer and a willing seller want to take part in an activity that will have no detrimental impact on others, then I should not be the one to restrict it.

There are, of course, a number of arguments against the legalization of prostitution. I believe, however, that most of the issues involved revolve about the act not being promoted in public, rather than in the act itself. In other words, prostitution happens every day, and we are none the wiser that it is happening. What we really want is to have it not happen on our city streets, or in a way that could cause harm or inconvenience to others.

I am constantly amused that our elected officials, at any level, believe that they have any power to stop the “world’s oldest profession”. It is not a local issue, it is everywhere. I would think that this is one of those issues where, if we were to legalize it, we could actually help to solve some of the problems it presents by making it more controllable. Let me explain.

What do we hate about prostitution? Let me summarize:

Goodness, why do we want to condone something as distasteful as prostitution? Well, I certainly don’t condone it, and the thought of actually participating turns my stomach. Yuck! It would be best if it disappeared. But it will happen anyway, and it would be better if we prevented it’s problems rather than simply criminalizing it.

We do not want to see ladies “selling their wares” on the streets, where it is unsightly and in a place where we would not want our children to see it. Also, in areas where it is known prostitution is available, ladies walking down the street are harassed and asked if they are selling “services”. The solution? If legal, we could regulate the location that sex is sold. We could confine it to certain places or to the Internet. That would take a lot of prostitution off the streets.

Prostitutes are known to spread sexually transmitted diseases. Also, the men buying the “service” could catch a disease and pass it on to others. Of course they can. We should do what we can to prevent the spread of sexually transmitted disease. If we make prostitution legal, then we can allow prostitutes to get regular medical care without worrying about implicating themselves in a crime. Their customers would be allowed to do the same. If a lady is suspected of prostitution and has a pocket full of condoms, wouldn’t that be evidence of a crime? Lets not make it a crime to protect ones self and others. Also, it is very possible to spread disease through any casual sexual encounter. If we are to argue that we are criminalizing prostitution to prevent the spread of disease, we should also consider criminalizing sexual encounters between singles meeting at a bar. No difference there.

Prostitution breeds drug use and adds to our drug problems. Nope, sorry, wrong cause and effect. The ladies are selling themselves in most cases to earn money to buy the drugs. Stopping the prostitution doesn’t stop the drug problem. It’s the other way around.

Prostitution is exploitive to women. Prostitution does exploit the women who are doing it. But the way I see it, if a willing seller wants to be exploited, and a willing buyer wants to exploit them, who am I to stand in their way.

Prostitution is unsafe for the prostitute. Again, I agree with that statement. Legalizing prostitution allows the lady to make arrangements for her safety: A discrete way to advertise that doesn’t bother the neighbors, a way to arrange safe place to go without worrying about being arrested for taking precautions, ability to work in groups for mutual safety, and availability to get appropriate medical care by freely admitting her situation. Making it legal will make it safer.

Prostitution is unsafe for the customer. Undoubtedly. But legalizing will probably make it safer for him too, though I’m tempted to say here that he might get what he deserves. (Remember, I’m saying here that Spitzer and his kind should not face legal sanctions for what he did. I’m definitely not saying that it’s a good idea or moral.)

What about the spouse of the customer? Is she not a victim here? Sure. In a moral sense, this guy shouldn’t be going out and hiring prostitutes. He shouldn’t be dating other women. This, however, is a personal moral issue between these partners. “Cheating on your wife” is not a crime, and while morally repugnent, has little to do with the issue of whether “the other woman” was a prostitute or the next-door neighbor.

“It’s against the teachings of my God and my religion.” Then follow your own spiritual path. Don’t do it.

So, while what this man did was socially reprehensible and morally corrupt, I do not believe that it should be illegal. Publicly soliciting to provide prostitution should probably be a crime, as we do with many public nuisances. But unless the prostitution is happening in the street, I don’t think we should make a criminal of Mr. Spitzer or others. Let’s get on to more substantial matters, and free our resources to solve problems we can solve.

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