Right to privacy…with your vibrator.

I never talk about sex on here. And this topic is somewhat about sex, but it’s more about rights of privacy, personal liberty, and an out of control government legislating morality. Which I do talk about way too much. 🙂

After a 10 year fight with appellate courts, a woman who has been fighting an Alabama law preventing the sale of “marital aids” will likely get to bring her case to the US Supreme Court:

Alabama Sex Toy Law – No Vibrators Allowed

There are two primary issues at play here, why the Alabama appeals courts keep supporting the law: their belief that “sexual privacy” is not constitutionally guaranteed and that the state’s legislature is the “keeper’s of the keys of morality.”

Alright, first of all, all aspects of personal privacy and liberty are unalienable and guaranteed by the Constitution. It’s not the point of the Constitution to define what rights we do have, but to established how they’re protected, and what rare instance they are not. The Constitution doesn’t state we can have televisions, or clothing, or beds. On the contrary, legal precedence has determined that the people do have a legal expectation of privacy. In our home, in our conversations, in what we discuss with our spouses. The Declaration of Independence states:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

(emphasis mine)
Some rights, such as personal liberty, are so self-evident that they need not have to be expressly stated. Although liberty is expressly stated as is the pursuit of happiness. And I for one believe that safe, sane, and consensual sexual happiness and freedom is one of those unalienable rights that the government has no right to inhibit or even involve itself in.

However, despite the intent of the freethinking and classically liberal founders and their belief in individual human dignity and self-determination, the state of Alabama (as have many states and even the federal government despite the 10th Amendment), have taken it upon themselves to legislate more than just commerce and land ownership and state militias as is the original purview of state government, but also to try to determine for the people their morality beyond those which directly interfere with the rights and liberties of other citizens (such as theft, murder, etc.) As they have stated, the Alabama court has the opinion it’s up to them to determine what is moral. And evidently the use of a sex toy is immoral and they want every citizen of Alabama to abide by this opinion.

And that’s the rub: one person’s morality is not another’s. Some would say gun ownership, fireworks, cigarettes, and alcohol are immoral–and yet they’re legal in Alabama. Some would say that explicitly violent movies are immoral, yet they’re legal. So there’s a double-standard in operation here when a group of uptight and sexually repressed busybodies decide that a plastic toy used by adults in the privacy of their bedroom is somehow “immoral” but guns, depictions of violence, and alcohol are not. This is a sign of government out of control. They have no interest in protecting our rights of liberty and pursuit of happiness–they want control.
Here’s another clip from the Declaration I think is very useful to keep in mind:

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

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