Kerry Howley | February 15, 2008
Activist moonbat judges deem sex toys legal in Texas. Weep for democracy!
The 5th U.S. Circuit Court of Appeals ruled that the Texas law making it illegal to sell or promote obscene devices, punishable by as many as two years in jail, violated the right to privacy guaranteed by the 14th Amendment.
"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."
Alabama and Mississippi residents, alas, still risk prosecution every time they brandish a dildo.
Reason on why we love activist judges here, sex toys here.
Hat Tip: Rick Davis.
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