My Body, My Bedroom: A Peek at the Privacy Doctrine from Contraception to Sex Toys
Monday, April 19th, 2010Last week, University of San Diego LSRJ lured over 120 people to our last event of the semester with a sultry title, Chipotle, and a raffle for chocolate body paint, but the attendees stayed for a substantive conversation about the evolution and limitations of the constitutional “right to privacy.”
The split between the 5th and 11th Circuits over Lawrence v. Texas’ application to the sale and promotion of sex toys spawned “My Body, My Bedroom.” Whereas the 11th Circuit ruled in Williams v. Attorney General of Alabama, 378 F.3d 1232 (5th Cir. 2004), that Lawrence does not protect the sale of sex toys, the 5th Circuit examined the question in Reliable Consultants, Inc. v. Earle, 517 F.3d 738 (11th Cir. 2008), and came to the opposite conclusion.