Threatening dildos banned in Alabama
The federal courts okayed a ban that can only be understood when you consider that your average dildo is probably 8-9" long whereas the average penis au natural is 6" long.
Meanwhile, the supposed inadequacies of women are still dealt with by putting women under the knife.
Normal people continue to mate despite the prevalence of dildos and the refusal of many women to even consider plastic surgery.
Via Wonkette.
posted by Amanda Marcotte at
29.7.04
18 Comments:
YO, this is seriously fucked up (pardon the swearing). The reasoning they used to uphold the ban is an attack on the same reasoning that led to Roe V. Wade. This is going to get a lot scarier.
7/29/2004
Yep, rule #1--when they start talking about "people" don't have sexual rights, they usually mean "women", though "homosexuals" are included to. That's what the Republicans mean when they say "inclusive".
7/29/2004
Alabama's not the only state (or in some cases mere locality) to have such a law -- that's why packaging on such items usually says "massager" or "for novelty use only" or some such drivel. Atlanta once upon a time had an obsessive soliciter general who spent most of his time guiding raids on "adult stores." And the idea that sex falls under a right to privacy was smashed by the U.S. Supreme Court years ago in (Georgia again) Hardwick v. Bower, the infamous case that left Georgia's laws against sodomy on the books (although the State Supreme Court has since succeeded where the U.S. Supreme Court would not. And that ruling can't be appealed to the U.S. court 'cause it wasn't a federal constitutional issue. heheh). In that case, some Atlanta police came to Michael Hardwick's house, for a reason I don't remember but having to do with a roommate, happened to spy, through a partially ajar door, Hardwick and another man having sex. One would have thought that if there were ever a right to privacy, this would have been it, but no. The U.S. Supreme Court ruled otherwise.
7/29/2004
But doesn't their recent turnover of the Texas sodomy law actually reverse that original "no right to privacy" decision?
Texas is one of the states where dildos are banned. Suffice it to say, enforcement is spotty.
7/29/2004
Mmmm. Not sure ... was the Texas law challenged on the right to privacy? I can't remember.
But dildos aside, the scariest thing to me about this election is the almost surety that should your former gubner win again, he will be appointing judges. And judging by his appointment of an attorney general ... why, I just get the vapors thinkin about it ... cause it'll be dang fools like those Alabama judges he appoints. He's already appointed Alabama Attorney General Bill Pryor to a federal appeal court -- during a Senate recess so he didn't have to be confirmed by the Senate. Pryor, you may recall, filed a brief in the Texas sodomy case that compared homosexual acts to "prostitution, adultery, necrophilia, bestiality, possession of child pornography and even incest and pedophilia."
Dang, I'm gonna hafta go out and have a smoke now, just to steady my nerves.
7/30/2004
Interesting that this is illegal and pornography (usually a male choice for getting off) is still legal.
You're right on point when you say that these kinds of laws intend to retrict the sexual behaviors of women and homosexuals.
Lauren
http://feministe.us/blog/
7/30/2004
A book I read long ago, called "Homophobia: A Weapon of Sexism" by Suzanne Pharr most interestingly (and rather clearly) tied the issues together (although some of my gay male brethren were loathe to see the connection). I couldn't find my copy of it, and I'm sure it is a tad dated now, but would still remain quite thought-provoking for many folks who've not looked at things from that angle.
7/30/2004
From nytimes.com: "The Supreme Court struck down a ban on gay sex Thursday, ruling that the law was an unconstitutional violation of privacy. The men 'are entitled to respect for their private lives,' Kennedy wrote. 'The state cannot demean their existence or control their destiny by making their private sexual conduct a crime,' he said."
The decision itself says, "Petitioners' right to liberty under the Due Process Clause gives them the full right to engage in private conduct without government intervention." It mentions "vital interests in liberty and privacy protected" by said clause, and specifically overruled Bowers v. Hardwick. I don't know what this federal court was smoking. -Omar
7/31/2004
I guess it's *slightly* different because they aren't banning the use, just the sale, of dildos. Maybe the argument is that things sold publically aren't protected by privacy laws?
7/31/2004
Bizarrely enough, the decision does seem to make this argument. I call it bizarre because the majority also admits that "For purposes of constitutional analysis,
restrictions on the ability to purchase an item are tantamount to restrictions on the
use of that item."
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