11th Circuit upholds Alabama sex toy ban
By JAY REEVES
The Associated Press


BIRMINGHAM, Ala. (AP) -- A federal appeals court Wednesday upheld a 1998 state law banning the sale of sex toys in Alabama, ruling the Constitution doesn't include a right to sexual privacy.

In a 2-1 decision, a three-judge panel of the 11th U.S. Circuit Court of Appeals said the state has a right to police the sale of devices including electronic vibrators and other products meant to stimulate the sex organs.

Overturning a lower court, the panel rejected arguments that the Constitution protects the sale of the toys, which are sometimes recommended by counselors for people who have difficulty attaining sexual gratification.

The American Civil Liberties Union, which represented merchants and users who sued to overturn the law, asked the 11th Circuit to rule that the Constitution included a right to sexual privacy. The court declined, indicating such a decision could lead down other paths.