Prostitution is still condemned by Jamaican law to the chagrin of liberals.

These detractors assert that the law should refrain from legislating morality.

But closer inspection reveals that laws do indeed legislate morality, but they cannot make men virtuous. Murder and theft are examples of immoral actions prohibited by law.

The difference, however, is that, unlike such vices, prostitution does not pose a direct harm to third parties. So obviously the law intervenes to promote morality when public order is at risk. But proponents for the legalisation of prostitution mistakenly think that their case for legal prostitution is justified by liberalism, but such reasoning is delusive. Arguing that individuals can do as they please if they cause no harm sounds logical. Yet deeper analysis shows that similar thinking may result in problematic actions. For instance, if John is biologically male, but legally identifies as a teenage girl, most people would rightfully object to him dating teenagers. Relationships between adults and minors are impermissible; therefore, the law may permit John having a female identity, but enabling him to have relationships with children mocks the law. Despite the objections of many liberals to Christianity, Christian theology makes the best argument for legal prostitution.

Separation of Church and State, for example, is espoused by the Bible. As 1 Peter 2:13-14, notes: “Submit yourself for the Lord’s sake to every human authority, whether to the emperor as the supreme authority or to governors.” Further, in their writings, Christian philosophers St Thomas Aquinas and St Augustine recognise a distinction between the earthly and spiritual realms. Both theorists contend that earthly leaders have authority to prevent public disorder; however, only God can perfect the nature of men.

Therefore, the State could legalise prostitution on the basis that it does not pose a serious threat to public order. For, as St Augustine rightly observed: “If you do away with harlots the world will be convulsed with lust.” (De Ordine 2.4) St Augustine is implying that actions to restrict prostitution could have the effect of creating additional evils.

As a result of declining exposure to prostitutes, some men may rely on porn to satisfy their sexual desires. Porn addiction has an unpleasant effect on society in that addicts may become unproductive recluses. On the other hand, the families of women unable to find an immediate source of income will endure tremendous suffering.

Moreover, Christian philosophy propounds that saving souls is not the goal of human law. Based on Christian teachings, the prostitute is guilty of fornication.

Though fornication is a sin, women who fornicate are not punished by law, since legislation cannot regulate all vices. So, in fact outlawing prostitution constitutes a discriminate application of the law, because only prostitutes are punished for fornication, whereas other fornicators and women who accept money from their spouses in exchange for sex are not punished.

Furthermore, consistent with Christian teachings, St. Thomas Aquinas exposits that: “Human law is laid down for a multitude, the majority of whom consists of men not perfect in virtue.

And therefore not all vices from which the virtuous abstain are prohibited by law, but only those graver excesses from which it is possible for the majority of the multitude to abstain.” In addition, Christianity extols the virtues of justice and mercy.

But the illegality of prostitution is unjust. Prostitution is unlawful; so, women who report being robbed or sexually harassed must be charged. By disallowing prostitution, the state is forcing women to pervert the course of justice by protecting criminals.

Additionally, under normal circumstances these women would not choose to be prostitutes. When such women are punished no mercy is exhibited by the state. Admittedly legalising prostitution is about liberating women, thus prostitutes will be empowered to conduct their business without interference from the state. Hence the Jamaican government should legalise prostitution, but this must not be guided by the intention to collect taxes.Lipton Matthewslo_matthews@yahoo.com