Prostitution Laws

From Encyclopedia of Sex and Sexuality

In ancient times, prostitution was generally accepted; in some cultures it was even linked with religion, as “temple” or “sacred” prostitution. Cultures in which prostitution flourished included those of ancient Greece and Rome, Persia, China, and Japan. But while prostitution is legal today in many European countries, in the United States it is outlawed in all states but Nevada.

Those in favor of legalizing prostitution have tried to challenge the laws against “the oldest profession” by arguing that it should be protected under the right of sexual privacy. However, in 1973, in Paris Adult Theater I v. Slaton (an obscenity case), the Supreme Court ruled that the states’ legal right to regulate commercial activities superseded the right to privacy. Based on this case, other courts have repeatedly ruled that activities occurring between prostitutes and their clients are not protected by any constitutional rights to privacy because, although these acts are performed by consenting adults, money is exchanged, making them commercial transactions and under the states’ jurisdiction.

Another argument against existing prostitution laws is that prostitutes are discriminated against because only they, not their customers, are prosecuted. Courts have responded that the states do have the right to tackle prostitution from one side—not prosecuting customers is, they say, similar to not prosecuting purchasers of obscene material while prosecuting its sellers.

One argument for keeping prostitution illegal is that its legalization would increase the spread of sexually transmitted diseases—although studies have shown that prostitutes contribute to only a small percentage of the spread of these diseases. Contrary arguments claim that the legalization of prostitution, accompanied by regulation of the prostitutes’ health, would actually decrease the spread of STDs by prostitutes. This is backed by studies done in Europe, in which the rates of venereal diseases have been shown to drop after the legalization of prostitution. Nevertheless, with state legislators and courts in the hands of persons who consider any legalization of prostitution to be a sign of the country’s moral decline, there is little chance that other states will be joining Nevada in legalizing prostitution in the near future.