From the Washington Post, an empty shell of a newpaper that brought us lots of BushCo love and enabling:
"Feeling lonely in the Lone Star State this Valentine's Day? You'll be glad to know that the 5th Circuit Court of Appeals has just overturned a statute outlawing sex toy sales in Texas.
According to a law on the books since the 1970s, the sale, promotion, donation or lending of "obscene devices" was punishable by up to two years in jail. And all it took to "promote" was a goodie drawer of six or more.
The statute was seldom enforced. But the owners of two Austin sex shops, as well as a retail distributor doing business as Adam & Eve, claimed it hindered their business and deprived potential customers. The state argued that it had a moral basis for maintaining the law, "discouraging prurient interests in autonomous sex and the pursuit of sexual gratification unrelated to procreation."
The 5th Circuit, however, found that sexual privacy supersedes that morality. The court cited Lawrence v. Texas, the 2003 U.S. Supreme Court decision that struck down bans on consensual sex between same-sex couples. The 5th Circuit, siding 2-1, said it is unconstitutional to punish individuals selling sexual devices, since those devices are typically used in the privacy of people's homes.
Alabama and Mississippi now remain the only states where sales of sex toys is illegal, though several other states have restrictions. The defenders of those laws say it would be dangerous to make sex toys more easily accessible. They note that sexual addiction is a recognized mental disorder, and they worry that sex toys may encourage that.
So has Texas opened up a Pandora's box here? Or has the Lone Star State simply opened its mind?"
According to a law on the books since the 1970s, the sale, promotion, donation or lending of "obscene devices" was punishable by up to two years in jail. And all it took to "promote" was a goodie drawer of six or more.
The statute was seldom enforced. But the owners of two Austin sex shops, as well as a retail distributor doing business as Adam & Eve, claimed it hindered their business and deprived potential customers. The state argued that it had a moral basis for maintaining the law, "discouraging prurient interests in autonomous sex and the pursuit of sexual gratification unrelated to procreation."
The 5th Circuit, however, found that sexual privacy supersedes that morality. The court cited Lawrence v. Texas, the 2003 U.S. Supreme Court decision that struck down bans on consensual sex between same-sex couples. The 5th Circuit, siding 2-1, said it is unconstitutional to punish individuals selling sexual devices, since those devices are typically used in the privacy of people's homes.
Alabama and Mississippi now remain the only states where sales of sex toys is illegal, though several other states have restrictions. The defenders of those laws say it would be dangerous to make sex toys more easily accessible. They note that sexual addiction is a recognized mental disorder, and they worry that sex toys may encourage that.
So has Texas opened up a Pandora's box here? Or has the Lone Star State simply opened its mind?"
4 comments:
I was born and raised in Texas...left at age 18. The micro-chip in my neck forces me to defend the homeland against all attacks. While I agree that Bush is a complete ass, that criminalizing sex toys is ridiculous, and that living in Texas would be a horrible fate, I still must say to you at this time...screw you for saying Texas can go fuck itself. I'm sorry...I can't help myself. Must defend Texas. Must remember the Alamo. Must clap during Deep in the Heart of Texas. Must drink crappy Lone Star Beer...the NATIONAL beer of Texas.
What's wrong with fucking yourself?
I think not enough people pleasure themselves. It's even been suggested as a way of life by our Vice President! He put the vice in Vice!
Touche.
That means touch.
:)
Damn judicial activists at it again... I thought Texas lynched all those clowns in 2000?
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