“As a Valentine’s Day gift to the people of Alabama, the US Court of Appeals, 11th Circuit, has once again reaffirmed the constitutionality of Alabama’s law forbidding the sale or commercial distribution of any device “primarily for the stimulation of human genital organs,” i.e., sex toys. This case has been kicking up and down the federal system for quite a while, and has had several stops at the circuit level. This latest decision, February 14, affirms the ruling by the district court that the public morality concerns of the Alabama legislature remain a sufficient rational justification to sustain the law, even after Lawrence v. Texas (the 2003 Supreme Court decision striking down that state’s misdemeanor homosexual conduct law) seemingly ruled out morality as a justification for a criminal statute that burdens private, consensual sexual activity.” From 11th Circuit Sex Toys Wars - They Just Won’t Give It Up!! by New York Law School Professor Arthur S. Leonard, February 16, 2007 in Legal Issues
Did you even know that in some states it is illegal to sell any type of sex toy? I know! How freakin’ crazy is that? And in Alabama (according to the NRA website.. which scared me to even visit) you don’t have to have a license to buy a rifle or a handgun. Now that of course has nothing to do with the sex toy law, but I think it is insane to ban the sale of items that do nothing more than provide the stimulation of human genital organs yet make it really easy to get a gun, which can be a lot worse for your or your friends’ health. In fact there are a bunch of states that make it illegal to sell sex toys, Texas being the most famous. But what I love about the law in Texas is that apparently (according to a mini documentary by the recently deceased -and awesome- Molly Ivins: see it here ) butt plugs aren’t a problem because your butt isn’t a sexy place (or something like that- I’m GREAT on facts), which as many of you know, just isn’t true!!
So if you are taking your sexual freedom for granted today, take a quiet second to think about your sad brothers & sisters who have to sign a waiver promising to use their dildo only to demonstrate condoms usage before they can buy one. And remember, sex toys don’t hurt people, mean legislators who think sexual pleasure is a morality problem do.
big love,
Searah
