Alabama Supreme Court restricts sales of dildos and vibrators based on “public morality”

In the recent decision of 1568 Montgomery Highway v. City of Hoover, the Alabama Supreme Court upheld the Alabama Legislature's prohibition of dildos and vibrators, basing this decision on "public morality." More specifically,

In its second counterclaim, Love Stuff asks to have Ala. Code § 13A-12-200.2 (which generally bans the sale of sex toys) deemed unconstitutional.

The trial Court had found that "The target market for Love Stuff [the name of the store in question] consists of females, ages 32-52." The Court held that commercial public sales of devices geared toward masturbation can be prohibited (though the Court suggested that the decision would be otherwise if the devices were handed out gratuitously or if they were sold at private "Tupperwear"-like parties). Geoffrey Stone harshly disagrees with the decision of the Alabama Supreme Court and properly characterizes this as an improper exercise of religion:

[W]hat is it about the use of a vibrator or a dildo that affronts the "public morality"? Why is a person who uses such a device "immoral"? The answer, I submit, turns entirely on religion. The pivotal shift from the world of the classical Greeks to our contemporary world, in this respect, was the advent of Christianity, with its emphasis on sexual pleasure as sinful. Much of this can be traced to Augustine, who reasoned in the fifth century that sexual pleasure was integrally related to Adam's Fall from Grace. Adam's original sin, he argued, had not been one of pride or disobedience, but of sex. Thus, sexual pleasure was born out of evil, and man's best hope for redemption lay in repudiating the sexual impulse and, with it, the burden of guilt inherited from Adam. Sexual pleasure was therefore deemed defiling and shameful.

I agree with Stone's thorough analysis.

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Womens Rights in the 21st Century

I found a fascinating post on one of the blogs I regularly read: Weekend Diversion: An Amazing Group of Women. It is mostly about the Asgarda women of the Ukraine, a small group of (mostly young) women working for the rights of women in an environment plagued with sex trafficking and other abuses of women, Eastern Europe. There is also a video of Loudon Wainwright singing "Daughter". Well worth clicking over to hear the song and see pictures of essentially a modern tribe of Amazons. Meanwhile, I wondered if the United States is the only nation in which there are so many groups of women actively protesting against rights for women. Like Phyllis Schlafly's Eagle Forum, who worked diligently to persuade women to vote against the Equal Rights Amendment, and continue to agitate to prevent any laws from passing that explicitly give women protections already enjoyed by men. Pro Life groups are also essentially anti-women's rights, and largely manned by women. It is basically a matter of whether the government or a women may legally decide who or what may live within her body and what may be expelled. Men already have this protection, granted by their reproductively deficient bodies allowing them to claim any foreign internal organism as a hostile alien.

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Excuse me . . . my mortality is showing: meditations on life and death

Have you ever wondered why so many Americans wear clothing when it's warm outside? Are they really covering up for sexual propriety—because of shame? Or could it be that they are wearing clothes to cover up their animal-ness-- their mortality? I'm intrigued by this issue, as you can tell from my previous writings, including my posts about "terror management theory," and nipples. This issue came to mind again recently when I found a website that allows you to completely undress people. The site has nothing to do with sex, I can assure you, but it has a powerful set of images that raise interesting questions about human nakedness. To get the full experience, go to the website and select an image of a fully clothed person. These are absolutely ordinary looking people, as you will see. Then click on the images of any of these men or women and watch their clothes disappear. If you are like me, when their clothing disappears, this will not cause you to any think sexual thoughts. If you are like me, you will find yourself thinking that these people looked more "attractive" with their clothes on. For me, the effect is dramatic and immediate, and it reminded me of a comment by Sigmund Freud (I wasn't able to dig out the quote), something to the effect that we are constantly and intensely attracted to the idea of sex (duh!), but that sex organs themselves often look rather strange to our eyes--sex organs are not necessarily sexy. I think the same thing can be said for our entire bodies. Nakedness isn’t the same thing as sexuality or else nudist colonies would tend to be orgies (which, from what I’ve read, they are not). Rather, sexual feelings are triggered by the way we use our bodies. We do many things that are sexual, and most of these things take some effort. Simply being naked is not an effective way to be sexy. In America, people constantly confound nudity with sexuality. I admit that the media presents us with many ravishing image of sexy naked people, but the sexiness of such images is not due to the mere nakedness. There’s always a lot more going on than mere nakedness. Consider also, that when people actually mate, they often bring the lights down low, further hiding their bodies. Then why do Westerners cover up with clothing to be "proper"? I suspect that anxiety about death (not so much anxiety about sex) contributes to our widespread practice of hiding those naturally furry parts of our bodies—those parts associated with critically "animal" functions relating to reproduction and excretion of body wastes. [More . . .]

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Proposed Amendment

I've been mulling an idea for an amendment to the U.S. constitution that probably won't have as much a chance as the failed Equal Rights Amendment, in which persons of the female persuasion would have been defined explicitly as full fledged people with the same rights as the white male landholders for which the constitution was originally penned. How's this?

"Government shall pass no law abridging the right of any person to decide whether an organism living within his or her own body is a harmful parasite or a welcome guest, and to respond accordingly."

A lawyer could probably tighten up the wording, but I think the gist is there. This amendment might save oodles of money on government health care in ways such as:
  • It would limit the ways in which lawyers determine what medical procedures are prohibited or required, and the associated overhead in managing those decisions.
  • It would remove the bureaucracy necessary to separate funding for procedures that everyone accepts under government insurance from those protested by a vocal minority.
Discussion?

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Hip hop has a bad ‘rap’.

Whether you consume rap and hip-hop or not, you know the genres have dingy reputations. I believe the hate for hip-hop and rap blossomed in the 90's. Rappers were actually cold-blooded gangsters at the time, people who occasionally shot one another. The music reflected the turmoil that its creators had experienced- growing up in crack-infused ghettos, resorting to crime to scrape by, and dying in a swarm of bullets even if they did finally make it out and become famous. "I'm twenty-three now but will I live to see twenty-four/ the way things is going I don't know," Coolio said in "Gangster's Paradise", and he was by no means a Tu-pac; he was gangster-rap-lite. The depression of 90's rappers manifested itself in loud, brash talk of guns and glory; no wonder white outsiders were scared. The violent content of 90's rap inspired Tipper Gore and their ilk to censor and criticize with fervor, cementing rap's image as a crude, violent genre for future gang-bangers. Hip-hop and rap also have the reputation of being degrading to women. This present stereotype was also inspired by past trends. After 90's gangster rap subsided, it was replaced with a money-cash-hoes mentality. In the early aughts, Jay-Z, 50 Cent and others spat mainly about their wealth, their rise from the streets, and the women that their amassed wealth could attract (Jay-Z wrote a song called "Money, Cash, Hoes"). Women were called hoes and bitches in earlier rap and hip-hop songs, it's true, but in the early 00's the music seemed more intently focused on the subject. Rap and hip-hop from this period was all about the ascent into fame, and the amassing of expensive objects. One of these objects happened to be attractive women. "I'm into having sex, I'm not into making love," 50 Cent reminds listeners in one of his most popular singles. Thus rap and hip-hop received another nasty label: it was degrading and shallow.

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