Argument: Markets in sexual services can serve legitimate needs

While many societies have attempted to restrict sex to marriage, few (if any) have succeeded. In contemporary, secular liberal societies, adults are no longer punished for pursuing sex outside of marriage. Many adults find non-marital sex satisfying, healthy, and fulfilling, whether it occurs in the context of an ongoing romantic relationship, a casual friendship, or a market exchange. While many people will never seek the services of a sex worker, those who do are often seeking sensual comfort, companionship, entertainment, and fantasy fulfilment. While the latter goods are often obtainable in non-market relationships, some people prefer the convenience and efficiency of market mechanisms for securing these goods.

In a liberal society, individuals are free to pursue their own vision of happiness, as long as they respect the moral and civil rights of others. Markets that provide sexual services enable some individuals to secure goods essential to their happiness. Those who provide services to these individuals can do so in a manner that respects their rights and dignity, if the markets are legal and well regulated.

Candidate 1: "No person would sell sex unless they were desperate. To have sex with someone for reasons other than sexual attraction, desire, and affection is repulsive to any sane and mentally competent adult.

People who sell sex are not exercising sexual autonomy, but are giving up their right to sexual autonomy in order to support themselves and their families. Instead of legalizing sex markets, societies should provide other means of employment and a basic standard of living to all members, so that no one has to resort to prostitution to survive."
Candidate 2: "Legalizing prostitution would unleash forces that exploit vulnerable women and men for profit. People with the means to buy sexual access to others would be able to exploit those who are poor, young, or inexperienced. By legalizing prostitution, society endorses impersonal and promiscuous sexual relations that damage individuals and families.

The resources we allocate to protect vulnerable citizens from sexual exploitation, and to uphold the values of sexual commitment, loyalty, and responsibility, are well spent, and the foundation of a healthy social order."
Candidate 3: "Market mechanisms are inappropriate for the exchange of some goods, such as children, medically needed bodily substances or organs, and sex. These are precious goods, and we should not allow citizens to alienate these goods for payment. Instead, the terms of alienation should protect the critical interests of all involved.

While sexual relationships serve legitimate needs, it does not follow that we should be able to purchase them. Having children serves legitimate needs, but we do not think that people should be able to buy children. Buying sex robs the provider of dignity and the right to sexual autonomy. Moreover, people are not entitled to some goods simply because they have money. If we allow money to determine who can have children, donated organs, or sexual intimacy, then this will lead to unfair distributions. Market mechanisms may eclipse other forms of exchange, and deprive those without significant wealth of the means to happiness."
Candidate 4: "Moral sex requires more than informed consent, and society should uphold moral values

Moral sex requires treating others not merely as a means to our own ends, but as beings with ends of their own. This means that we are morally required to consider the needs of our sexual partners and not only our own selfish desires. In market sexual transactions, the client merely pursues the satisfaction of his own desires, and therefore treats the service provider as a means to his own ends.

Because prostitution inevitably involves the instrumental and immoral treatment of others, toleration of prostitution involves the toleration of immoral behaviour. Society should uphold moral values by banning prostitution."
Candidate 5: "The fact that prohibition cannot prevent prostitution is not an argument against prohibition. We have laws prohibiting murder, and yet murders happen. Our laws deter some murders and they express our society’s moral outrage regarding murder.

Similarly, laws prohibiting prostitution deter some prostitution and express our society’s moral condemnation of sex for hire. These laws do not create harms, rather prostitution itself creates harms, by robbing those who participate of self-respect, and contributing to the spread of sexually transmitted diseases. It is inevitable that laws prohibiting prostitution will make it riskier to engage in prostitution, as this is the purpose of such laws: to provide disincentives to those who might otherwise engage in this activity."
Candidate 6: "Markets in sexual services undermine the values of commitment and loyalty

Sexual relationships involve crossing ordinary social boundaries that exist between people, and exposing aspects of ourselves that normally remain private. This aspect of sexual relationships renders the parties vulnerable emotionally and socially, and therefore sexual partners often extract commitments from each other of sexual fidelity and exclusivity. These commitments allow people to engage in sexual relationships while treating each other with decency and respect.

Markets are public and involve exchanges among strangers. In markets, goods are exchanged with the highest bidders and not with those to whom we are committed and loyal. For this reason, markets in sex undermine the ideals of sexual commitment, loyalty, or exclusivity, which makes decent and respectful sexual relationships possible. Markets are for exchanging shoes and cars, or services that we can separate from ourselves without leaving us emotionally and socially vulnerable or exposed. Sexual relationships require commitments of fidelity and exclusivity so we don’t lose part of ourselves in the exchange."
Candidate 7: "Markets in sex would corrupt non-market sexual relations, turning women and girls into commodities

Markets in sex are shaped by values that differ from non-market sexual relationships. Market sexual transactions are not structured by the ideals of fidelity and exclusivity between social intimates, but rather by the ends of profit maximization and mutual benefit among strangers. The goods exchanged in a market are interchangeable with other goods, in ways that maximize profit and mutual benefit. When these goods include sexual services, the sexual services of one provider will be interchangeable with those of another.

The position of seller or buyer in a particular market is often determined by one’s gender, class, race, and nationality. In sex markets, sellers are typically female, and buyers are typically male. Race, class, and other social hierarchies also shape one’s position in a sex market. Because the sellers in sex markets are often people who are disadvantaged by their gender, class, race, or nationality, the existence of markets in their sexual services will promote the idea that the sexual capacities of women (and other disadvantaged groups) are goods that are interchangeable and exploitable. The idea that the sexual capacities of women (and girls) can be accessed as market goods or commodities will shape attitudes toward women and girls who do not enter sex markets as providers. In this way, the values that structure markets in sex will spill over into non-market sexual relationships, and lead men to regard women as replaceable goods rather than unique human subjects."
Candidate 8: "While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable."
Candidate 9: "Prohibition prevents harm by substantially curtailing markets in sex

The good of sex when offered as a gift is not the same good when it is bartered. Taking or offering money cheapens and deforms the good of sexual intimacy, which when shared with many on the open market diminishes its value. Moreover, while the benefits of commoditized sex are questionable, the harms are significant. Those who engage in such exchanges diminish their capacity for genuine sexual intimacy, while damaging their physical, emotional, and mental health. Moreover, the harms of market sexual transactions often affect non-involved third parties, such as the spouses or lovers of sellers and buyers.

Because the harms of market sex are long lasting, though sometimes distant, it is appropriate for society to intervene to prevent these harms. Markets in sex pose a public health threat, just like markets in dangerous drugs. Prohibition will reduce the number of people who engage in market sexual transactions, and for those who do participate, there are ways to minimize violations of their rights."

Market mechanisms are inappropriate for the exchange of some goods, such as children, medically needed bodily substances or organs, and sex. These are precious goods, and we should not allow citizens to alienate these goods for payment. Instead, the terms of alienation should protect the critical interests of all involved.

While sexual relationships serve legitimate needs, it does not follow that we should be able to purchase them. Having children serves legitimate needs, but we do not think that people should be able to buy children. Buying sex robs the provider of dignity and the right to sexual autonomy. Moreover, people are not entitled to some goods simply because they have money. If we allow money to determine who can have children, donated organs, or sexual intimacy, then this will lead to unfair distributions. Market mechanisms may eclipse other forms of exchange, and deprive those without significant wealth of the means to happiness.
