that prostitution should be made legal because, among other reasons, it is protected by the U.S. Constitution.
The act of exchanging sexual favors for money is only one of a number of choices individuals make about expressing their sexuality. One of the main differences in the act of such an exchange is that individuals who engage in prostitution remain largely indifferent to the characteristics of their sexual partner. Unlike conventional sexual exchanges between consenting adults, prostitutes seldom consider romance or sexual desire that are components of most sexual relationships. However, whether in a conventional sexual exchange relationship or an act of prostitution, the element of consensual choice remains in tact. Because of the personal choice involved in prostitution, Abramson et al. (113) maintain that prostitution ôis a decision of essentially private character and personal determination, and therefore is deserving of constitutional protection under the Ninth Amendment.ö
Prostitution is stigmatized in the United States and other societies. It is considered an unpopular choice and is largely regarded as offensive to the morality of many individuals, religious groups, and others. However, the U.S. Constitution cannot be subverted based on the criterion of popularity or morality. As an occupation that is unpopular, prostitution is similar to many other unpopular occupations or professions in society. Many occupations like sanitation worker, mortician, or others involve behaviors that most individuals find unpopular or would prefer to avoid. Therefore, degree of popularity is not a valid criterion for criminalizing prostitution. Yet a mortician is respected for providing ôan essential social service that has been necessary at all times and in all cultures,ö but the same can be said of prostitution (Abramson et al. 114).
Despite the constitutional protection of prostitution, the U.S. Government has taken ...