By
Lora J. Mackel
Lovers of freedom, beware. An Alabama Supreme Court recently ruled that "sexual devices" were a threat to moral decency and upheld a ban on these items. Despite the fact that some of these devices have legitimate uses, the all knowing justices used their discretion to delve into the indiscreet. In lay speak, this means that since a right to sexual privacy is not an explicit part of law, people have no right of sexual freedom. This is disturbing for several reasons: one, because you cannot reasonably expect to have private relations in your own home, and two because the Supreme Court of this state thinks it knows better than you do about your own morality.
When thinking of Alabama, no one really associates the state with a liberal opinions or a love of personal freedom (unless its state's rights, which they have been rumored to back at one time or another). But no matter how ill-esteemed its civil liberties record is, observers could have never anticipated the Alabama Supreme Court's reaction to sexual devices. The judges, it seemed, were all shook up about the prospect of a well-satisfied citizenry, and justified their decision by insisting their was no legal precedent for the idea of sexual privacy.
A reasonable person, however, would expect that consenting adults would have the freedom to choose what to include in their sex life. This is not the case- at least not in Alabama. But what purpose does it serve for the courts and law enforcement to become involved in this area? The courts justify their involvement on behalf of "moral decency." This justification, no matter your opinion of devices or the people who use them, should leave all Americans feeling uncomfortable.
Alabama legislators and judges would want their constituents to appreciate that they are protecting them from moral decay. How sweet. However, they shouldn't be allowed to act out their obviously conflicted views about human sexuality on the whole populace. These red-blooded Americans have forgotten the essence of our institution: that all people, of differing moral and religious backgrounds, should be able to conduct their lives as freely as possible. This would mean allowing people the right to make choices that sit well with their individual sense of morality.
Of course, there are instances when a person should have his right to privacy revoked. In instances where sexual acts do not take place between two consenting adults, states have every right to step in. If a child, or a beast, neither of which cannot offer consent, or adult human being used forcibly in a sexual act, then morality does demand that a state step in to protect victim's interests. Seeing, however, that sexual devices are by definition inanimate, they do not qualify for the states' intervention. Using a sexual device does not violate anyone's rights or freedoms, so court have no justification for their involvement. It is dangerous that citizens can have no reasonable expectation of sexual privacy. After all, isn't sex one of the most personal acts human beings engage in? Critics are always railing against the increasing sexualization of the public sphere, and here elected officials are trying to involve the public in the regulation of private acts. This defies logic.
Americans already navigate their lives wading through myriad legislation, keeping an obscene number of lawyers in this country employed. There are laws for virtually everything, from spitting on sidewalks to merging corporations. There also comes a point when a reasonable citizen must ask if all these laws are necessary. If Americans supposedly come of age at 21, then the government has to stop treating its citizenry like precocious toddlers.
Surely there will be chortling when people read about this case in Alabama. It should, however, be taken seriously. If the government is willing to involve themselves in this aspect of life, where else will they be willing to go? " Huddled masses, yearning to breath free," did not come to our shores expecting their lives to be micro-managed, they came for liberty. It is a threat to liberty when governments start to believe they know better than their citizens about morality. There should be no one in your bedroom who was not invited.
