Alabama in stupid law shock. Film at 11.
Feb. 16th, 2007 12:23 amVia Feministing and ACSBlog
Lawrence vs. Texas was the 2003 case that legalized consensual homosexual (and probably heterosexual) sodomy. The crux of the ruling being 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 . . . ."
However the Eleventh Circuit court for appeals has upheld an Alabama Law prohibiting the sale of sex toys. According to them the Lawrence case was limited to private activities. The sale of sex toys being public, does not therefore apply. It seems that because sale is more akin to prostitution then the law can stay. Now I happen to think that prostitution should be legalised and carefully regulated (if only for the safety of the women involved), but I really can't see how buying a lump of silicone for one's private use is anything like the same as "buying" a human.
Having said that, from my non-existant knowledge of any part of US Law, I can understand the argument that the Lawrence case doesn't quite apply- after all if it did then you could make a case for legalizing weed, and that would never do. ;)
Fortunately the statute does exempt sales "for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose."
So that's all right then...