Defending People

the tao of criminal-defense trial lawyering

The Fourteenth Amendment Right to Sex Toys

The Fifth Circuit Court of Appeals has recognized Texans’ Fourteenth Amendment right to use (and therefore to buy) dildos:

Just as in Lawrence, the State here wants to use its laws to enforce a public moral code by restricting private intimate conduct. The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the State is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification for the statute after Lawrence.

As one who thinks that the word “moral” belongs nowhere near the words “the State”, I have to say, “bravo!”

Share

About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

3 Responses to “The Fourteenth Amendment Right to Sex Toys”

  1. Ron in Houston says:

    A stunning win for the civil rights of dildo users everywhere.

  2. Scott Greenfield says:

    Yet another post where I need to pick between “envious” or “jealous”.

    Nah, this would be too easy. But at least I now know what to get you for your birthday!

  3. John says:

    And it’s about damn time too!

    If Texans are happy to put a dildo in the Oval Office then they will be surely delighted that they can now legally insert one in their own Oval Orrifice’s!

Leave a non-anonymous Reply

Bad Behavior has blocked 2390 access attempts in the last 7 days.