Happy Valentine’s Day boys and girls. On the eve of a holiday where card companies, chocolate makers, and other companies are making millions on people scrambling to find last minute gifts for their loved ones, some people still might need to deal with big brother looking over their shoulder. Of course I’m talking about State bans on the sale and purchase of sex toys.
Recently courts have taken up the issue on whether State law can ban sex toys. Perhaps even worse is that circuit courts are currently split on whether to uphold bans on such devices. Recently a Texas court held that a ban on sex toys violates the Lawrence v. Texas right of "adult consensual sexual intimacy in the home." However, not all courts agree in this decision and the 11th circuit recently upheld a similar law in Alabama just last year.
The circuit split indicates the case of sex toys might be going to the Supreme Court. The real question is whether the Court should even be considering such a thing. The 11th circuit fails to recognize how the laws would even be enforced. Additionally, should we really be telling consenting adults what they should and should not buy? The last time I checked a person’s home is a castle, and it should remain as such. I’m looking forward to seeing the Supreme Court take up this issue if they ever decide to touch it. For now, the 11th Circuit can dispatch the thought police in an effort to quell the illegal traffic in “sex toys.”
-I would like to thank both David Kopel and Eugene Volokh whose posts on the Volokh Conspiracy alerted me to the story. For their commentary see http://volokh.com/
Recently courts have taken up the issue on whether State law can ban sex toys. Perhaps even worse is that circuit courts are currently split on whether to uphold bans on such devices. Recently a Texas court held that a ban on sex toys violates the Lawrence v. Texas right of "adult consensual sexual intimacy in the home." However, not all courts agree in this decision and the 11th circuit recently upheld a similar law in Alabama just last year.
The circuit split indicates the case of sex toys might be going to the Supreme Court. The real question is whether the Court should even be considering such a thing. The 11th circuit fails to recognize how the laws would even be enforced. Additionally, should we really be telling consenting adults what they should and should not buy? The last time I checked a person’s home is a castle, and it should remain as such. I’m looking forward to seeing the Supreme Court take up this issue if they ever decide to touch it. For now, the 11th Circuit can dispatch the thought police in an effort to quell the illegal traffic in “sex toys.”
-I would like to thank both David Kopel and Eugene Volokh whose posts on the Volokh Conspiracy alerted me to the story. For their commentary see http://volokh.com/
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