bilby said:
Well gender is different in many cases for physiological reasons; a prostitute who allows customers to put their penis in her (or his) mouth or anus; or who allows customers to put their penis in her vagina, is not going to provide that service for female customers for obvious reasons that have zero to do with bias.
But you said earlier that racism was different from any other possible criteria in that “it is a decision made in advance; it is not a rejection of the individual customer, but a rejection of a whole race of people as though they were all part of one homogeneous and indistinguishable mass.”
However, that is not the case. For example, racism is no different
in that regard from any other possible criteria, like rejecting all female [would-be]clients, or all old clients, or all short or obese clients, or all Christian or Muslim clients, etc. beforehand.
What you're saying now is that rejecting everyone of a race is different from rejecting everyone of a gender, or a sex, in
other regards. But that was not what I was pointing out in that part of my post – or what they were pointing out in the respective parts of theirs.
That aside, I asked you about other scenarios in order to assess, among other issues, whether your use of the word “coercion” was guided by considerations about whether the threat came from the state or from someone else, and generally how you were using that word, since it seems clear to me that all of those actions would be coercive.
Could you please address my questions about whether there is coercion?
bilby said:
For those services provided by prostitutes that are not physiologically dependant on the gender of the client, I am struggling to see any justification for the prostitute to be allowed to discriminate as a matter of gender prejudice.
The justification would be that it's her choice, as in the case of race. One might ask what the justification for
banning such discrimination would be. If it's to prevent gender discrimination, such prevention has to be assessed against the cost of coercing some people into having sex with someone they feel no attraction to.
But if you think that that would not be coercion, then I would ask you again to please address my questions, so that I may try to ascertain how you're using the word “coercion”, and related ones.
Regardless, which word we use is not the point. The point is that the prevention of gender discrimination (or sex discrimination, if someone prefers) in this case has to be weighed against placing a person in a position of having to endure sexual activity that makes them suffer a lot psychologically, or not being able to live off sexual activity that – while they do not seek for their own enjoyment – does not make them suffer, or not to a similar degree.
bilby said:
If, for some reason, I was able to earn money by putting my penis in paying customer's mouths, I am not sure quite why I would refuse to do so for customers of one gender - it doesn't make a lot of sense to me. It isn't as if my sexual preferences or my enjoyment of the work were at issue - as a prostitute, my motivation is money, not my own pleasure in the act.
But being willing to have sex for money not pleasure is very different from being willing to endure any suffering resulting from a sexual act. For example, it may be that Rob would not feel bad about getting paid by women for sex, but he would suffer if he were to have sexual contact with another male, regardless of what form that sexual contact might choose.
The same goes, of course, for female prostitutes, and any category of clients that they may have.
There are, however, other potential rationales.
For example, let's consider the
allegedly true story of Tina, a New Orleans prostitute who would never take a Black client, because she believes they're “They’re too cheap, too rough and too full of themselves.”
Assuming the story is true (if not, we may stipulate something like that happens) that's a vast overgeneralization, though it may be true that Black clients in the social circle in which she words are in fact much more often like that than non-Black clients, and if so, her life will be better by rejecting Black clients.
Or it may be that that's not true, and she came to have such beliefs out of bad luck, because she just happened to have bad experiences with all or most of the Black men she was sexually involved with, as a part of her job or not. But regardless of the reasons, the fact remains that she does not want to have sex with Black men (or at least, not with Black clients; that's not entirely clear in the account).
If her work were legalized but she were told to choose between not doing it anymore or accepting Black clients, that would be psychologically traumatizing for her. Yes, granted, there are other cases not involving prostitution in which someone might be psychologically traumatized. A question is how much and what kind of coercion a government should apply in order to reduce the risk of such unjust discrimination.
bilby said:
It seems to me that a lot of people here are making the incorrect assumption that a sex act that a prostitute does not actively enjoy is the same thing as a sex act that a prostitute would not voluntarily perform - but that is simply not the case (if it was, legal prostitution would not exist). Like everyone else, prostitutes do not always enjoy their jobs - but they can make the reasonable decision that the money makes up for the aspects of the work that they do not enjoy.
I don't see any evidence that a lot of people are making that incorrect assumption.
But as has been pointed out before, there is a big difference between engaging in sexual activity one does not enjoy, and engaging in sexual activity that makes one suffer a lot.
bilby said:
Laws prohibiting the use of prejudice, rather than case by case consideration, as the criterion for rejecting customers may be difficult to enforce; but that does not mean that they are not morally right; as dystopian pointed out, there is no moral difference between allowing a prostitute to first meet with and then reject all black clients, and allowing her to put up a sign that says 'No blacks'; my position is that just because prohibition of the former is difficult (or even impossible) to enforce, that does not imply that prohibition of both (and enforcement of those offences that are not impossible to enforce) should not occur.
But then, sometimes it might be enforced, and a question is whether it would be acceptable to do so.
But let's consider the two following scenarios:
a. No one puts up any signs, but a small bar does not allow Black customers. They just say that they reject them individually. But the owners have actually said, privately, that they would never accept Black clients.
So, a group of activists decide to gather evidence against them, either shutting them down or forcing them to deal with it and accept Black customers. So a Black activist goes each day, and they and other activists document what happened.
The owners realize that they would lose their only source of income and it would be really bad for their finances to be shut down, so they start accepting Black customers, even if that makes them suffer psychologically.
b. Similar case in terms of discrimination, but in a case of legal prostitution. That is, a prostitute rejects all Black clients, and someone documents the matter, etc., so she's in a position to choose between accepting Black clients – which would make her suffer – or no longer working as a prostitute (let's say the ban on unlicensed prostitution is generally enforced), which would result in serious hardship not only for her, but for her children as well.
So, for the sake of her children, she puts up with Black clients, even if she does so only because she does not want her children to live on the streets.
Do you think the scenarios a. and b. are similar, with regard to the morality of passing those anti-discrimination laws? Also, what about the morality of the actions of the activists?
c. Let's say that there is a city where most bar owners are racist, and want to reject Black customers.
But then, a law is passed, and such discrimination is not allowed anymore.
Then, it would not be immoral, generally, for Black people, to go to bars when they do not know whether the owner is a racist, even if they know that probably – on statistical grounds – the owner is a racist and is accepting them only because they will lose their license if they don't. And that's regardless of what consequences losing their license would have for the racists in question.
d. Now, let's consider the prostitution case. Let's say that most prostitutes in a city would reject Black clients if they were allowed to. But it's also the case that many, perhaps most of them have no alternative source of income – say, there is a crackdown on unlicensed prostitution -, and that they would put up and suffer having sex with Black clients just not to lose their jobs and source of income.
Would it be acceptable for Black men to actually hire prostitutes under those circumstances, not knowing whether or not the prostitute they're hiring is one of those (perhaps, most) who are doing so just to keep their jobs, and despite their suffering?
e. Regardless of what the majority of prostitutes in the city want, let me point out a difference you have not considered between banning racial discrimination in prostitution vs. other activities.
Generally, it would not be immoral for people of race X to go into a bar to have fun, even if they know that the bar owner would want to reject them on racial grounds.
But what would you think of a man of race X to hire a prostitute he
knows is a racist who would suffer for having sex with anyone of race X, but he wagers she would not want to risk losing her license (with consequences for her and her family, etc.), so she will likely put up?
The point is that regardless of whether she actually puts up, his behavior
is morally appalling. So, by banning some immoral behavior, this proposed licensing system supports something a lot worse.
bilby said:
The world is full of people who get away with breaking the law; but that fact is not a good argument for not prosecuting those who are not sufficiently clever or lucky as to make prosecution impossible.
Sure, but on the other hand, that enforcing the law would be horribly unjust generally is.
bilby said:
Sure, some racist prostitutes would still be able to practice; but only those who were careful never to openly admit to being racist. Hidden racism is not ideal; but it is far less damaging to society than open and officially accepted or tolerated racism; And getting rid of the open part is a definite step in the right direction.
But the proposed solution takes a leap in the wrong direction when it comes to allowing and supporting behaviors that are even worse than those prostitute's racism.