WASHINGTON, DC -- With pressing matters like whether adult women are capable of making their own reproductive decisions recently on the U.S. Supreme Court’s docket, the chance of a challenge to the Alabama state sex toy ban reaching those hallowed halls seems unlikely. Nonetheless, adult store owner Sherri Williams isn’t ready to give up just yet.
Williams is no stranger to the Court’s apparent indifference to matters toy sexual. In 2005 the Supremes turned down the opportunity to examine the state’s 1998 law, which many consider to be an arcane intrusion into the private lives of adults, as well as a pointless example of unconstitutional moral posturing.
If the Court chooses to decline the case a second time, chances are excellent that any citizen of Alabama hoping to purchase a sexual aid without their doctor’s written permission will have to take their dollars out of state.
Alabama is one of only a few states that persist in legislating against the sale of sex toys, using morality arguments to justify the decision, including claims that “the state’s interest in preserving and promoting public morality provides a rational basis for the challenged statute.” Other states with similar bans include Texas and Georgia.
Williams, full cognizant of the fact that perfectly moral and upright Alabama residents enjoy expanding their sexual experiences with erotic devices, contends that “A person should have the right to make their own decision to explore their sexual boundaries outside of what some government official says is moral.”
The state has not yet enforced the law, due to continued legal challenges, and permits the purchase and ownership of such devices although it denies their interstate sale. A symbolic decision by the Atlanta-based 11th U.S. Circuit Court on Valentine’s Day upheld the ban.
