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July 31, 2004


Appeals court rules sex toys remain outlawed in Alabama

A federal appeals court in Birmingham, Alabama, upheld a 1998 state law banning the sale of sex toys in the state, ruling that the Constitution doesn't include a right to sexual privacy. In a 2-1 decision, a three-judge panel of the 11th U.S. Circuit Court of Appeals said the state has a right to police the sale of devices including electronic vibrators and other products meant to stimulate the sex organs. Overturning a lower court, the panel rejected arguments that the Constitution protects the sale of the toys, which are sometimes recommended by counselors for people who have difficulty attaining sexual gratification. Circuit Judge Rosemary Barkett disagreed, writing that the decision conflicted with a Supreme Court decision last year that overturned a Texas law against sodomy.

Ledger-Enquirer




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