Alabama has a humorous law banning the selling of sex toys. While 90% of America would laugh at this and mutter about those weird southern Christians I find some of the 11th circuit court language outrageous.
The Supreme Court (search) declined Tuesday to review the constitutionality of a state law banning the sale of sex toys, rejecting an appeal that said consumers have a right to sexual privacy.I have a lot of trouble with the idea that any state can tell me where I can put my johnson with a toy I just bought. What happens between me, my wife, the inflatable doll, the midget in the corner and the camera man is my own business.
Without comment, justices let stand a lower court ruling that said Alabama had a right to police the sale of devices that can be sexually stimulating.
But the 11th court opens their mouth and becomes a joke.
A divided three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals disagreed. It said in a ruling last July that siding with the sex toy merchants could open the door to the legalization of undesirable sexual behavior such as prostitution.Wow. The pure evil of that toy may open the door to people selling their body on the corner. Now maybe there is a legal argument for it, but such a leap of logic is beyond my comprehension.
Then they go even farther into the realm of fantasy.
"On the other hand, if we today craft a new fundamental right by which to invalidate the law, we would be bound to give that right full force and effect in all future cases including, for example, those involving adult incest, prostitution, obscenity, and the like."Two things in this one paragraph are upsetting. "if we today craft a new fundamental right". WHAT!! I have the fundamental right to my own johnson and using it with any toy I want. This court feels that your sex life and buying what you want for it is their business. That is so screwed up that it is upsetting. The government feels that it has to control everything and now they feel our private life between lovers is their business. Screw that!(No pun intended). Then they say this " we would be bound to give that right full force and effect in all future cases including, for example, those involving adult incest". A sex toy and the right to privacy will lead to adult incest? By adult I think they mean that a sister and brother may become a couple when they become adults. How they came to bring this up is weird.
They almost seem desperate to bring in offensive items to try to justify their ruling.
I have seen some strange ruling from some courts. The 9th in California seems to be the center of a lot of them, but darn if a southern state has decided that your bed is THEIR bed, and your shopping privacy is THEIR privacy.
The only good thing is this.
In a dissent, Circuit Judge Rosemary Barkett said the decision was based on the "erroneous foundation" that private sexual acts can be made a crime in the name of promoting "public morality."Thank you Judge Barkett.
Yes it only bans the sell of them, but that is one ban closer to my bed then I like.