Friday, February 16, 2007

DILDO LAW UPHELD
In upholding Alabama's vibrator law on Valentine's Day (someone over there has a sense of irony) the 11th Circuit's decision in (click on the red headline and then follow the link to Williams v. King) reiterated what it thought about the law and the dildos that passed it:

By upholding the statute, we do not endorse the judgment of the Alabama legislature. As we stated in Williams II:

However misguided the legislature of Alabama may have been in enacting the statute challenged in this case, the statute is not constitutionally irrational under rational basis scrutiny because it is rationally related to the State’s legitimate power to protect its view of public morality. “The Constitution presumes that . . . improvident decisions will eventually be rectified by the democratic process and that judicial intervention is generally unwarranted no matter how unwisely we may think a political branch has acted.”
(Suggested by Paul Whitehurst)

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