Courts Divide Over the Constitutionality of Sex Toy Bans
Findlaw: “The Supreme Court of Alabama recently upheld a state obscenity law banning the sale or promotion of sex toys. In so holding, the Court agreed with one of the two federal appellate courts to consider the same question in recent cases. At issue in the Alabama case, 1568 Montgomery Highway, Inc. v. City of Hoover, is whether there is a constitutional right to sexual freedom – but that is an issue the U.S. Supreme Court may not yet be ready to tackle.”
Community Defense Counsel abstract of 1568 Montgomery Highway, Inc. v. City of Hoover, No. 1070531, 2009 WL 2903458 (AL Sup. Ct., Sept. 11, 2009) is available here.
See also Eugene Volokh: Will Alabama’s criminalization of sex toys reach the Supreme Court?