To the People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or TO THE PEOPLE.

Tuesday, March 04, 2008

Texas Court Overturns Sex Toy Ban

It is hard to believe that sex toys are illegal anywhere in the US but they were in Texas before this ruling and still are in Alabama, Mississippi and somewhat in Virginia.
The 5th U.S. Circuit Court of Appeals ruled that the Texas law making it illegal to sell or promote obscene devices, punishable by up to two years in jail, violated the Constitution's 14th Amendment on the right to privacy.

"Just as in Lawrence, the state here wants to use its laws to enforce a public moral code by restricting private intimate conduct," the appeals judges wrote. "The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification after Lawrence."
Amen and thank you to Lambda Legal for funding, trying and winning Lawrence. Now Texan law enforcement can stop devoting resources to arresting housewives who host alternative Tupperware parties.

Labels: , ,