Oh Susannah, Forget The Batt-er-ies
Over at
Leaning Towards the Dark Side, Darth McCabe notes an interesting legal development. For some goofy reason, Alabama has a law prohibiting the sale of sex toys. Someone sued, of course. The case made its way to the 11th U.S. Circuit Court of Appeals which
ruled last week that there's no constitutional right to sexual privacy and upheld the Alabama statute. (However, it's unknown if upon losing the case, the plaintiffs asked to borrow the judges' gavels.)
What's strange is that the court justified its ruling by declaring that there's no constitutional right to sexual privacy. Why, I'm not sure; perhaps the plaintiffs based their argument on that premise. As stupid as this law is, the 10th Amendment gives Alabama and the other 49 states the authority to pass stupid laws and to ban the sale of just about anything. That alone should have been the justification for the court of appeals' decision to uphold this ridiculous law.
The 'Bama statute regulates commerce and has nothing to do with sexual privacy. This law is no different than, say, state laws forbidding the sale or use of radar detectors.
Also, the route by which the court of appeals arrived at its decision in this matter contradicts the logic of Roe v. Wade. If there's no constitutional right to sexual privacy how then can it be argued that there is a constitutional right to abortion?
Unless the Supreme Court reverses the court of appeals or the state legislature repeals the law, you folks in Alabama who need some assistance in the bedroom have no legal choice but to use cucumbers. Or that banjo on your knee.
