AVN is looking deeper into the Alabama Sex Toy Ban bullshit.
The appeals court noted that Federal District Judge Lynwood Smith, Jr. had ?concluded that there was no currently recognized fundamental right to use sexual devices and declined the ACLU?s invitation to create such a right,? but that in an opinion following the first remand, ?[a]fter a lengthy discussion of the history of sex in America, the district court announced a fundamental right to ?sexual privacy,? which, although unrecognized under any existing Supreme Court precedent, the district court found to be deeply rooted in the history and traditions of our nation.?
Judge Birch then spent 40 pages attempting to explain why that view was incorrect, often referring to a 1997 U.S. Supreme Court decision, Washington v. Glucksberg, involving assisted suicide, which Judge Birch used to draw a fine (some would say non-existent) line between the private ownership and use of sex toys and the sale of same.
However, Judge Rosemary Barkett, writing in dissent, proclaimed that the case was about far more than selling vibrators.
?This case is not, as the majority?s demeaning and dismissive analysis suggests, about sex or about sexual devices,? wrote Judge Barkett, who penned the excellent opinion in the Peek-A-Boo Lounge case last year. ?It is about the tradition of American citizens from the inception of our democracy to value the constitutionally protected right to be left alone in the privacy of their bedrooms and personal relationships.?
Also check out “Alabama Crossover” Nipple Clamps
