the Eleventh Circuit held today that an Alabama law banning the sale of sex toys is not unconstitutional, on the grounds that Alabama has an interest in preserving "public morality" against the sale of such devices. The challenged law prohibits only the sale of devices "primarily for the stimulation of human genital organs." It does not forbid their use or possession.
This is a decision that seems like it should concern me, but it just doesn't. It's a stupid law, no doubt about that. But should courts prohibit legislatures from passing stupid laws? That seems like a difficult standard to enforce. The more likely approach is to develop new conceptions of "rights" to prevent specific laws from being passed. To me, that seems even more dangerious than the stupid laws themselves. At least I can vote out the legislators.
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