February 16, 2007

Appeals Court finds no right to sexual privacy

In case you were wondering . . .

Matt Conigliaro, at Abstract Appeal, reports:

    An Alabama law bans the commercial distribution of devices designed or marketed primarily for human genital stimulation. Does that prohibition violate the privacy right that the U.S. Supreme Court has found inherent in the Fourteenth Amendment?

    No, said the Eleventh Circuit in this decision released on February 14.

    The court held no fundamental right to sexual privacy exists in the federal constitution and, applying only the low-level rational basis test, concluded that public morality was a legitimate and sufficient justification for the law's commercial-based constraints.

[Desperate Housewives to film in Alabama next season]

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