In this Jewish season of farce, a lecherous ruler (King Achashverosh) is mocked for his desire to have a pretty woman (Queen Vashti) dance for his court wearing nothing but the royal crown. Truth, of course, is even stranger than fiction, as another lecherous ruler (Eliot Spitzer) has been mocked for his desire to have pretty women (the ladies of Emperors Club VIP) go a bit further than dancing. Spitzer’s behavior is contemptible and, quite frankly, I think he has richly earned the abundant scorn being heaped upon him from all corners. In all the media frenzy to cover this juicy story from as many angles as possible, however, there has been one aspect in particular that has intrigued us here at Virtual Talmud–the question of whether prostitution should in fact be criminalized or whether the type of establishment that Eliot Spitzer, um, patronized, should be legal and regulated (one of the best such analyses is at Slate.com).
Let me start by saying clearly that this isn’t a question of whether Spitzer’s own behavior is in any way excusable or appropriate; it’s not. The man repeatedly committed adultery and ultimately humiliated his wife and teenage daughters, exposing the hypocrisy of a holier-than-thou public figure who was blatantly violating the law.
But should his actions have been illegal? There are some compelling public policy arguments to be made about why prostitution should be legalized – that instead of laboring in dangerous conditions women in the sex-trade should be moved to brothels where they wouldn’t face the same degree of danger from violence, unprotected sex, and working the streets (although according to Monday’s Times, only one in five prostitutes actually solicits on the streets). Against this the claim is made that sex-work is inherently degrading, although it must be said that many of the (legal) options for underprivileged men and women to earn a living are pretty degrading as well.
Jewish tradition, on the other hand, is unequivocal in banning prostitution, starting with the verse, “Do not profane your daughter by making her a prostitute, that the land not become prostituted and full of depravity.” (Lev. 19:29). In legal sources, prostitution is roundly condemned as a violation of both human dignity and a threat to the structure of the family. In part this is precisely because Judaism does not treat human sexuality as something dirty or disgraceful, but as a normal part of a healthy life and one that, within the bounds of a sanctified relationship, can even be a vehicle for holiness. It is precisely this potential for healthy–and even holy–sexuality that prostitution undermines, turning sex into a commodity instead of an important part of a loving and mutually-respectful relationship. The point about threatening family structures is important as well: in countries where prostitution has been legalized such as Australia, Germany, and the Netherlands, demand has gone up: clearly more men will avail themselves of a prostitute’s services if they can safely and legally do so than otherwise would. While not every man who hires prostitutes is married or otherwise betraying a committed relationship, many surely are and it is neither ethical nor good public policy to make this sort of behavior easier.
The fact remains that there are compelling arguments to be made on both sides of the legalization debate and the plight of women who are forced to choose (or are simply forced into) the sex trade cannot be overlooked. But we need to take this fact as a call for tougher enforcement and to provide poor women with more opportunities for decent paying legal jobs, rather than a signal to throw the doors open to a policy that degrades us as individuals and as a society.
Add to Del.icio.us
Add to Technorati
Add to Digg
Add to Newsvine
Add to Facebook
Add to StumbleUpon
Author, radio and TV talk show host, and President of CLAL-The National Jewish Center for Learning and Leadership, Brad Hirschfield is the author of 
First, I believe it is wrong to treat a person as a thing. But I don't believe everyone who buys the time of another human for sexual intimacy views him (or her) as a thing. In fact I believe just the opposite is true. I believe the more times I go with the same man for sexual intimacy, the stronger the bond is between him and me. (He may not feel that way, but I do.) On the othe hand, I also believe that the more times someone is paid for it, the more he wants the money, not the initmacy. It becomes clear over time that he ony did it for the money.
Prostitution is already legal. We pay people to sell their bodies and souls by uttering lies concerning the products they sell. I know people who have sold their souls. They are to be sincerely pitied.
Whether married, single, or anything in between, sex has reached its lowest level. It seems to be as easy to do as shaking hands. Whatever happened to teaching our young men that women are not there for their "pleasure" only. What about teaching our young women that their bodies are sacred.
Since STD's, AIDS and HIV are on the rise it would behoove us to teach our children the folly of sex for sex sake.
What ever happened to having a little discipline when it comes to sex. Married people have taken an oath before God and witnesses to be together until death parts them. This does not give them the freedom to bed anybody that comes along as long as their spouse doesn't know. Come on people wake up! Maybe we need to go back to the days of chaperons in order to keep our children pure and innocent.
And the sex trade with children and unwilling young people is just plain sick and perverted!!!!! These people should be prosecuted as much as pedophiles. They belong in jail where the other inmates will let them know what the children they exploited have experienced.
No matter the religion, sex outside of marriage is unacceptable. My conscience is clear, how about you???????
We have gone out of the way to highlight whether Spitzer is an adulterer or not an adulterer per Jewish halacha. What is moral or inmoral. The bottom line is that he was a prosecutor who prosecuted many prostitution rings, which is illegal in N.Y. where he was Governor. Therefore, he violated the laws that he was supposed to observe and enforce. This goes beyond religion and morality. In addition, it touches other laws such as money laundering since he tried to disguise the transactions to avoid a trace and be undetected.
Marriages were arranged in Jewish tradition until the past Century and we have not come that far yet. In some circles Marriages may still be arranges or at least approved. There are still many expectations for which Jewish life that are placed upon relationships which may interfere with true loving relationships. Women do want to control their lives. Prositutes are able to do that to a certain extent unless they have a Pimp telling her what to do and taking her money. Does that occur in Jewish relationships? We must look deep into ourselves to see how we treat others and women in order to see if we are free from thinking that we are not part of a Prostitution Ring. We all sell ourselves in our daily lives in one way or another. It is the nature of the beast.
Carol wrote, "Married people have taken an oath before God and witnesses…
Vows are not part of a Jewish wedding. The only statement I made at my wedding was this:
.הרי את מקודשת לי בטבעת זו כדת משה וישראל
(" You are hereby betrothed to me with this ring in accordance with the laws of Moses and Israel.")
Carol's sentence finished thusly: "… to be together until death parts them."
Judaism permits divorce, and we know many marriages end in divorce. If Jewish couples vowed to remain together, then all those who later divorced would be guilty of having made a false vow. We take vows & oaths very seriously, and it's generally considered better to avoid them, rather than risk making a vow which one might later decide to break.