George Carlin famously could not understand the logic behind outlawing prostitution. “Why should it be illegal,” he asked, “to sell something that’s perfectly legal to give away?” Funny, I have the exact same question about kidneys, which can be donated but not sold. Granted, legislators don’t need a reason to legislate—it’s just what they do—but why do those of us who are legislated upon tolerate these kinds of restrictions?
My guess is romance. A lot of us have romantic notions of what sex is supposed to be: an expression of love. Trading it for money cheapens it, turns it into a commodity like any other, a jelly donut or a smartphone or a pair of shoes. Likewise, donating a kidney is an expression of love, a beautiful, life-saving act of generosity. Selling a kidney just doesn’t sit right in many people’s minds.
I know there are other objections as well, in both cases. People fear the exploitation of the vulnerable, for instance. But if that’s the concern, it is tragically misplaced. Illegality does not make demand disappear; it just drives it underground, and people are far more likely to be taken advantage of in a black market than in a legal one.
Sex can be an expression of love, but for someone who is starved for physical contact, sex without love can be a lot better than nothing. As for someone who is in pain, whose daily routine revolves around the need for regular dialysis, whose very continued existence is in dire peril, a kidney without love will save his or her life just as surely as one that is donated. And it will likely do so a whole lot sooner.
I know there are other objections as well, in both cases. People fear the exploitation of the vulnerable, for instance. But if that’s the concern, it is tragically misplaced. Illegality does not make demand disappear; it just drives it underground, and people are far more likely to be taken advantage of in a black market than in a legal one.
Sex can be an expression of love, but for someone who is starved for physical contact, sex without love can be a lot better than nothing. As for someone who is in pain, whose daily routine revolves around the need for regular dialysis, whose very continued existence is in dire peril, a kidney without love will save his or her life just as surely as one that is donated. And it will likely do so a whole lot sooner.