11th Circuit: Sex Toys Are Like Prostitution
In Lawrence v. Texas, the Supreme Court held that "the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice . . . ." Nevertheless, the Eleventh Circuit held today that an Alabama law banning the sale of sex toys is not unconstitutional, on the grounds that Alabama has an interest in preserving "public morality" against the sale of such devices. The challenged law prohibits only the sale of devices "primarily for the stimulation of human genital organs." It does not forbid their use or possession.
According to the Eleventh Circuit, Lawrence, which struck down a Texas anti-sodomy law, limited its holding to "private" activity between sexual partners. The Alabama law, on the other hand, prohibits the sale of sex toys--a "public, commercial activity." Reasoning that the sale of sex toys was more similar to "prostitution" than to private, consensual sex, the Eleventh Circuit upheld the Alabama law.
Written By:Slowdiver On February 15, 2007 11:42 AM Written By:rothmatisseko On February 15, 2007 3:38 PM
So two private parties' conducting business is public because it's not in the bedroom? What a joke.
You know, the same rationale would apply to providing abortions.
I live in Alabama and I am apalled at the "good christian people's" attempt to control my sex life... I might want to use a sex toy on myself or my wife. They don't have the right!!!!!!!!!!!!!!!!!
I'm so thrilled to know that the state government of Alabama is spending all their taxpayers' money, time, effort, and energies to combat the evil of sex toys on the moral fiber of its citizens rather than going after those pettier social ills, such as domestic abusers, pedophiles, drug dealers, meth lab workers, and those boring old-school robbers, murderers, and white-collar criminals. I mean, after all, vibrators cause so much more danger and cost to society than abusers, drug use, theft, and death. Right?
(And people wonder why I want to move to Canada...)
Not saying I agree with the rule, but it says nothing about the use of them being illegal...
That said the real reason for this post is to encourage Abbey to get off her lazy, whining ass and actually move to Canada. Quit being a talker, and actually do it. It aint that hard. Stop reading this post and get moving. I SAID STOP READING THIS... PARADISE...errr...CANADA AWAITS!
Dont let the door hit on the way out...
Now that Ive read the case, your headline is a complete lie...
The 11th Circuit says nothing even in the ballpark of Sex Toys are like prostitution. Report facts, dont lie and let others decide.
Boy, I love the "blog" generation...
I have sold sex toys at home parties for 10 years in the state of Alabama. I have used sex toys in the state of Alabama for more than that. I will continue to do both.
I am with you Lisa! I do sell them also and I am proud! I don't use the word sex toys when I talk to customers I call them romance enhancement products so no one gets offended and children do ask as many questions. I am also from Alabama. Slumber Parties was just on the Montell show a few weeks ago talking about the company and how we have raised money for single mothers to pay their bills. And as I speak they are working on another show so it can't really be that bad! I too will continue to sell them and live in ole' Alabama. How may people do you think in the state goverment has never used or owned a sex toy? I mean come on.....
I can't believe they would treat sextoys as a crime there is nothing wrong with sextoys it even prevents people from cheating. They should be thinking about real matters and juse leave sextoys alone.
That's funny there is no way that sex toys are like prositution. Was this said by someone that has no sex life.
Yea the great states of Alabama. And lets not forget Texas where you can't sell them in the stores however you can sell them online. You would be suprised how may online adult toys shops there are based out of Texas. That is why we have to have a terms and conditions clause on our site and you cannot finalize any purchase unless you agree that you have fully read and understood those conditions.
You can go to Walgreens and buy all the lubes and warming oils you want to "Increase Your Sexual Pleasure" as they are advertised and that is ok. These states need to get a reality check and until we keep fighting we will never have privacy in the bedroom.
Personally I feel if they want to get a search warrant, for having a bunch of toys in my home for my personal use then this is a total waste of tax dollars. Tax dollars shoud be used for shutting down the crack houses and meth labs that are cropping up all over the place. Come on over and take a look. www.hererotictoys.com
Does that mean a person soliciting sex and a battery-operated vibrating device are equivalent in the eyes of the 11th circuit?