[Eugene Volokh, February 13, 2008 at 10:16am] Trackbacks
Dildoes Going to the Supreme Court?
The Texas ban on dildoes -- yes, it expressly mentions "dildo" -- has just been struck down by the U.S. Court of Appeals for the Fifth Circuit. The law, the court held, violates Lawrence v. Texas right of "adult consensual sexual intimacy in the home."
On this, the Fifth Circuit disagrees with the Eleventh Circuit, which upheld a similar Alabama law last year. Sounds like there's a solid split, so there's a decent chance that the U.S. Supreme Court will step in to resolve this (though there's of course no guarantee).
Thanks to the invaluable How Appealing for the pointer.
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