Is prostitution a constitutional right?

[Very_Boring_Name]

Poll question: Is prostitution a constitutional right?

[originalpckelly]

1. "Fucking is legal. Selling is legal. Why isn't selling fucking legal?"

:P

It would seem to be against capitalism to give something away for free when you can charge for it, right?

[notadmblnd]

2. Cause men don't want to pay for it

and those that do pay, make them look bad?:shrug:

[inkhorn]

36. Oversimplification

Selling always involves a what, and it's the product being sold which is legal or illegal, not the act of selling. Selling candy is legal. Selling kidneys is not. Same with sex. Having sex with a consenting adult is legal. Having sex with a donkey is not.

[OHdem10]

3. Within the consitution, Cities States pass laws which they believe

are for the good of the Community County State.

In the US Prositution is illegal just about everywhere.

Some may argue that it is better to legalize prostitution
having specific places which would be safer for everyone
concerned.

[girl gone mad]

4. Is slavery a constitutional right?

How about selling your vital organs?

[Hugabear]

5. Apples and oranges

We're talking about a transaction between two fully consenting adults. By fully consenting, I mean a prostitute who enters into an agreement of his/her own free will; not talking about men/women being used by pimps, or those kidnapped and subjected to human trafficking. Nobody's arguing that we should legalize human trafficking.

There's something wrong with a system in which I can legally go out and have unprotected sex with a different anonymous stranger every single night; yet if I were to hire a prostitute for sexual services, that is somehow illegal.

[La Lioness Priyanka]

35. owning someone else is in fact unconstitutional, owning yourself

is the question

[kimi]

6. Well, this could be seen in a few ways

but I'm going by the assumption that we aren't dealing with underage, forced, or child prostitution. So, IMO, yes, every woman or man has the right to do what they want with their body. If you add in those other things -- well, those things are clearly illegal, and the Constitution makes no guarantee of rights for illegal activity, I do not believe. And while prostition is illegal in many places, I personally see it as a victimless crime, barring the other issues.

Personally, I've known some sex workers through the years. They don't all seem to be so happy with their choice, but a few are, and IMO all of them are well within their rights to make decisions regarding how they choose to earn their money.

[FLAprogressive]

7. Not a *constitutional* right.....

[Electric Monk]

8. Which constitution? Didn't you mention that you're Canadian?

[Very_Boring_Name]

9. Belarusian constitution of course

[StevesRedLens]

10. Hookers Union

Legalize it.
Regulate it.
Tax it.

Unionize it.

[NYC Liberal]

11. No. And that has no bearing on whether it should be legal. nt

[Very_Boring_Name]

12. By definition if it is legal it is a constitutional right. n/t

[Maru Kitteh]

20. You think everything that is legal is a constitutional right?

Are you sure you've thought that through very carefully? I don't think you have.

[cali]

22. yikes. er, no, no and no again.

it's legal to drive a car if you have a license. It's not a constitutional right. you fail U.S. constitution 101.

[pipi_k]

23. Not really...

It's legal to have a driver's license, but having one isn't a "right"...it's a privilege which can be revoked at any time.


Edit...OK so I wrote this before reading the post above mine...

:shrug:

[NYC Liberal]

33. Um, no.

[Recovered Repug]

13. Of course it is.

The Constitution specifically created the House and the Senate.

[Xicano]

14. Do we have autonomy over or own bodies?

That's the way I see this question. If we do not have autonomy over our own bodies, then, how is it we call ourselves free?

[WinkyDink]

28. Not in the US; attempted suicide is a crime. Consuming certain drugs is a crime. Are you new here?

[riderinthestorm]

29. Your male or you would have thought of abortion and all it's restrictions on women immediately. nt

[TheKentuckian]

15. I'd argue it is a higher order Natural Right.

The right to have self determination over your own body and sexual choices.

Anti-prostitution laws say the veto power over consensual relationships and individual motivations to share our bodies.

Vice laws by nature are over reach.

[cali]

16. I can't believe that so many people here said yes. Clearly it is not,

at this time, a constitutional right. There's nothing that establishes such a right in case law or the constitution itself.

[dems_rightnow]

17. Too many people are mistaking the question

"Should it be legal?" with "Constitutional right".

[cali]

19. starting with the op.

critical thinking at DU is in very, very short supply.

[Maru Kitteh]

21. +1

[riderinthestorm]

25. +1. Demonstrates some pretty poor thinking skills today. Maybe (70% +/-) need more coffee?

:shrug:

[Joe Bacon]

18. Congressmen sell themselves all the time.

Especially Republican Congressmen and their Blue Dog pals.

[Electric Monk]

24. Is constitution a prostitutional right?

Maybe I should start a poll...

[Cal Carpenter]

26. This thread is hilarious

:rofl:

I can't believe 68% of DU says yes.

:rofl:

[Maru Kitteh]

30. I find it disturbing that so many are so shockingly ignorant of what the Constitution actually is.

It's clear that DU is possessed of no great advantage over the multitudes of red-white-n-blue morons who confuse the constitution with the ten commandments.

[slackmaster]

27. In the sense that the Ninth Amendment protects rights not explicitly mentioned in the Constitution

Just as is the case for many other rights.

[FreeJoe]

31. Huh?

Is the question "Should it be" or "is it"? I don't see anything in the constituion that deals with prostitution provided that it is voluntary. It is a state matter and most states have chosen to outlaw it.

For anyone that thinks it is a consitutional right, what is your basis?

[LynneSin]

32. Here's my issue with prostitution - there is a 3rd party involved who has no say in the matter

A spouse, a partner, a boyfriend or girlfriend - there is usually a 3rd person and sometimes a whole family that is the silent part of a transaction with a prostitute.

I don't know about you but if my spouse/partner was cheating on me with prostitutes I'd want to know about it.

[AngryAmish]

34. ..........commerce clause.........

By any objective standard or the barest reading of the damn Constitution commerce can be regulated and prostitution is commerce.