Isn't this going a bit far????

  1. You have chosen to ignore posts from giraffe-77. Show giraffe-77's posts

    Isn't this going a bit far????

    Do you think the sale of vibrators should be criminal?  I can't wait to see the "black market" on sex toys.

    SEX AND SIN     [huffingtonpost.com  10/3]

    by Geoffrey R. Stone


    In
    1568 Montgomery Highway v. City of Hoover
    , the Supreme Court of Alabama this week upheld the constitutionality of an Alabama statute prohibiting the sale of "any device designed ... primarily for the stimulation of human sex organs." The law was targeted primarily at the sale of such objects as vibrators and dildos.

    In a thoughtful opinion, the Alabama court concluded that because the United States Supreme Court has not yet expressly recognized a constitutional right to sexual freedom, analogous to the freedom of speech, the freedom of religion, or the freedom to use contraceptives, the law must be upheld as long as it has a rational justification. And, applying that test, the court held that the statute could rationally be justified as an effort to enforce the "public morality."

    The Alabama court's understanding of the governing precedents of the United States Supreme Court is reasonable. Although the Supreme Court has held that the government cannot constitutionally prohibit the sale of contraceptives, it grounded that doctrine in the fundamental right of individuals to decide for themselves whether to "bear or beget" a child. That doctrine concerns reproductive rather than sexual freedom.

    And although the Supreme Court has held that the government cannot constitutionally prohibit private homosexual conduct, it arguably grounded that doctrine in part on concerns about discrimination against homosexuals, rather than on a doctrine of sexual freedom.

    Thus, it was reasonable for the Alabama Supreme Court to conclude that the United States Supreme Court has not yet expressly recognized a right of sexual freedom.

    At the same time, though, the Alabama Supreme Court acknowledged that a more aggressive version of the anti-sex aid statute might well be unconstitutional. For example, if the law prohibited not only the sale of such devices, but also their use, it might so intrude on the individual's right of personal privacy as to violate the Constitution.

    Or, to take the point even a step further, suppose the state made it a crime to masturbate. It is difficult to believe that a nation dedicated to "the pursuit of happiness" and the freedom, autonomy and privacy of the individual could possibly allow such a law. But is there really a difference?

    The fear of masturbation, by the way, is nothing new. In the 1830s and '40s, a masturbation panic hit the United States, as Christian evangelicals and medical quacks warned that those who fell victim to the practice would be reduced to a state of utter degradation. Parents were cautioned to be on the lookout for early signs of self-abuse in their children. If they were not attentive, their sons would face lives of failure, debility, violence, and confinement in an asylum, and their daughters would suffer terrible illness, rampant fornication, and ultimately a life of prostitution. Sylvester Graham, who believed that masturbation was both sinful and dangerous, invented the Graham Cracker as a food designed to dampen sexual desire. (Think of that the next time you eat one.)

    The more interesting question to me, though, is whether the invocation of the "public morality" can constitutionally justify even the law at issue in the
    1568 Montgomery Highway
    case. What, precisely, is the "public morality" that is being promoted by a law forbidding the sale of sex aids? It cannot be sufficient merely to invoke the "public morality" to sustain a law, because virtually every law can be said to promote the "public morality."

     
  2. You have chosen to ignore posts from macnh1. Show macnh1's posts

    Re: Isn't this going a bit far????

    I can just imagine what the protests will look like. 
     
  3. You have chosen to ignore posts from TyTheTiler. Show TyTheTiler's posts

    Re: Isn't this going a bit far????

    In the 1560's I don't think women could protest.

     
  4. You have chosen to ignore posts from Mattyhorn. Show Mattyhorn's posts

    Re: Isn't this going a bit far????

    More proof of the inherent challenges to the quality of life in Alabama....
     
  5. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    Sounds like a certain justice needs a cure for hysteria.

    http://en.wikipedia.org/wiki/Female_hysteria

     
  6. You have chosen to ignore posts from giraffe-77. Show giraffe-77's posts

    Re: Isn't this going a bit far????

    Interesting case, actually.  Goes back to '05 when a boutique on the highway wanted to put up a sign.  They had an adults only room that required ID to go into.  Also the laws of "how far you have to be from a school, public pool, other residences, churches, etc. and whether their product was really considered obscene."  To squelch the issue, they just had to decide that the constitution doesn't guarantee a right to pleasure.  It's pretty convoluted, but I think it's obvious that the judges were grasping at straws to keep things more traditional or faux-conservative. 
     
  7. You have chosen to ignore posts from Reubenhop. Show Reubenhop's posts

    Re: Isn't this going a bit far????

    Having read this interesting story, I have a strong urge for a s'more.   Decadence, I embrace thee.  Alabama, come and get me.
     
  8. You have chosen to ignore posts from Winston69. Show Winston69's posts

    Re: Isn't this going a bit far????

    I guess the Alabamans are not as enlightened as our Catholic priests here in Boston.
     
  9. You have chosen to ignore posts from giraffe-77. Show giraffe-77's posts

    Re: Isn't this going a bit far????

    In Response to Re: Isn't this going a bit far????:
    I can just imagine what the protests will look like. 
    Posted by macnh1


    I tried to post a link for National P*nis Day in Japan, but BDC doesn't allow the P word.  That is probably be what the protests would look like - an annual Japanese festival.
     
  10. You have chosen to ignore posts from giraffe-77. Show giraffe-77's posts

    Re: Isn't this going a bit far????

    Check it out.  They make the gay pride parades look like a quilting bee or the Easter Parade.
     
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  12. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    Duh.  Thought you knew that.  Read the wiki link if you want to learn where "hysteria" came from.
     
  13. This post has been removed.

     
  14. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    I hate it when you are so fcuking obtuse.

    The current Chief Justice of the Supreme Court of Alabama is Sue Bell Cobb.

    http://en.wikipedia.org/wiki/Alabama_Supreme_Court

    You of all people should be able to comprehend there are a lot of things you just don't know.

    Yeah, go whoosh yourself.  To your heart's content.  Just don't to it in Alabama.

     
  15. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    In Response to Re: Isn't this going a bit far????:
    In the 1560's I don't think women could protest.
    Posted by TyTheTiler


    Ugh.
     
  16. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????



    Thought so.
     
  17. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    Bueller?
     
  18. You have chosen to ignore posts from easydoesit2. Show easydoesit2's posts

    Re: Isn't this going a bit far????

    "prohibiting the sale of "any device designed ... primarily for the stimulation of human sex organs."
     
    So, is Viagra et al banned? Didn't think so. Don't want to take on the Pharmaceutical industry's lawyers.
     
  19. This post has been removed.

     
  20. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    Are you done whooshing all over your self?

    Muffy would appreciate this.
     
  21. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    OK, this was due a while ago.  Where have all the Commoners gone to?

    well you tried it just for once found it all right for kicks.
    but now you found out that it's a habit that sticks.
    and you're an org*sm addict.

    sneaking in the back door with dirty magazines.
    now your mother wants to know what are those stains on your jeans.
    and you're an org*sm addict.

    you get in a heat, you get in a sulk.
    but you still keep a beating your meat to pulp.
    and you're an org*sm addict.

    you're a kid cassanova.
    you're a no-josep it's a labour of love fcuking yourself to death.
    you're an org*sm addict.

    you're makin' out with school kids, winos and heads of state.
    you even made it with the lady, who puts the little plastic bobins on the christmas cakes.
    butchers' assistants and bellhops, you've had them all here and there.
    children of god and their joy-strings, international women with no body hair.
    oooh, so where they're askin' in an alley and your voice ain't steady.
    if your sex mechanic's rough you're more than ready.
    you're an org*sm addict.

    johnny want fcukie always and all ways.
    he's got the energy, he will remain.
    he's an org*asm addict.
    he's always at it.
    and he's an org*sm addict.
     
  22. You have chosen to ignore posts from giraffe-77. Show giraffe-77's posts

    Re: Isn't this going a bit far????

    Cool song.  I wonder how we should resolve the problem of human sexuality.  Maybe EVERYBODY should go with "Don't ask don't tell" when it comes to vibrators and sex addicts.  Or even better, we could start a "Just say No" campaign.  That'll stop masturbation in its tracks.
     
  23. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    Yeah, that'll work.
     
  24. You have chosen to ignore posts from giraffe-77. Show giraffe-77's posts

    Re: Isn't this going a bit far????

    Yes. It's in the Bible that "spilling one's own seed" is the worst of sins.  I'm so glad the Alabama legislature is addressing the issue.  While some states waste their time on current legal issues, nobody is enforcing the Word of God on the masturbation issue. Thank you, Alabama.
     
  25. You have chosen to ignore posts from movingtarget2. Show movingtarget2's posts

    Re: Isn't this going a bit far????

    It was the 11th Commandment.  If you can't count to 11 without dropping your pants you just might be a redneck.

     
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