Williams v. Pryor
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In The Eleventh Circuit Court of AppealsNo. 99-10798
D. C. Docket No. 98-01938-CV-S-NE
SHERRI WILLIAMS, B. J. BAILEY, et al.,
Plaintiffs-Appellees,
versus
BILL PRYOR
William H. Pryor, Jr.
William Holcombe "Bill" Pryor, Jr. is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Previously, he was the Attorney General of the State of Alabama from 1997 to 2004.-Background:...
, in his official capacity
as the Attorney General of the State of Alabama,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Alabama
(October 12, 2000)
Before ANDERSON, Chief Judge, BLACK and HALL, Circuit Judges.
Background information
In 1998, a law enacted by the legislature of the State of AlabamaAlabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
amended the obscenity provisions of the Alabama Code to make the distribution of certain defined sexual devices a criminal offense. After the 1998 amendment, the Alabama Code obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
provisions stated:
It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value.
The statute also did not restrict possession or use of a sexual device by an individual, but only the commercial distribution of the devices. A first violation was a misdemeanor punishable by a maximum fine of $10,000 and up to one year of jail or hard labor; a subsequent violation was a class C felony.
Vendors and users of such devices filed a constitutional challenge to the statute. The district court declined to hold that the statute violated any constitutional right but determined the statute was unconstitutional because it lacked a rational basis. The court permanently enjoined enforcement of the statute and the case was appealed to the 11th Circuit Court.
Court decision
The 11th Circuit Court reversed the decision of the district court. Whether a statute is constitutional is primarily decided based upon the level of scrutiny applied by courts. Statutes which infringe fundamental rights, or which make distinctions based upon suspect classifications such as race or national origin, are subject to strict scrutiny.This requires that the statute be narrowly tailored to achieve a compelling government interest.On the other hand, if the law being challenged does not burden a fundamental right nor target a suspect class, it is found constitutional as long as it has some rational relation to a legitimate state purpose. In practice, almost no laws are nullified as not having such a rational relation. It is irrelevant if a theoretically rational reason was actually the one which motivated the legislature.
The district court considered three possible reasons for banning the sexual devices: banning the public display of obscene material, banning the commerce of sexual stimulation unrelated to marriage, procreation or family relationships and banning the commerce of obscene material. All three were found to be legitimate state interests, but the court did not agree with the state that the law in question actually advanced any of those interests.
The 11th Circuit Court rejected the arguments used here by the district court:
Alabama argues "a ban on the sale of sexual devices and related orgasm stimulating paraphernalia is rationally related to a legitimate legislative interest in discouraging prurient interests in autonomous sex" and that "it is enough for a legislature to reasonably believe that commerce in the pursuit of orgasms by artificial means for their own sake is detrimental to the health and morality of the State." Appellant's Brief at 13, 16. The criminal proscription on the distribution of sexual devices certainly is a rational means for eliminating commerce in the devices, which itself is a rational means for making the acquisition and use of the devices more difficult.
The 11th Circuit Court did agree with the district court's rejection of the constitutional challenge to the law and the idea that any right to privacy is at stake here:
The fundamental constitutional rights of privacy recognized to date by the Supreme Court in the area of sexual activity each have followed from the Court's protection of a person's right to make the decision not to procreate without governmental interference. ...None of these cases, however, is decisive on the question whether the Constitution protects every individual's right to private sexual activity and use of sexual devices from being burdened by Alabama's sexual device distribution criminal statute.
Extending the constitutional right to privacy to include a broad fundamental right to all sexual autonomy, such as a privacy right to engage in any form of private consensual sexual behavior between adults, is directly precluded by Supreme Court precedent
The court did, however, instruct the district court to reconsider one part of the case: whether or not the challenges of married and unmarried couples who actively use the devices has a constitutional basis. Although they refused to recognize any general right of sexual privacy which might be at stake, they did acknowledge that specific plaintiffs might have a valid claim to sexual privacy which must be considered.
Significance
This case is an important piece of the legacy of Bowers v. HardwickBowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
, in which the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
found that citizens have no right to engage in homosexual activity. Although other Supreme Court decisions have found that people have fundamental rights regarding the ability to procreate - or not procreate, depending upon what a person chooses - it does not follow that sexuality itself is actually a part of a person's private life.
Citing a case involving assisted suicide, Washington v. Glucksberg
Washington v. Glucksberg
Washington v. Glucksberg, 521 U.S. 702 , was a case in which the Supreme Court of the United States unanimously held that a right to assistance in committing suicide was not protected by the Due Process Clause.-Facts:Dr...
, this decision favorably quoted:
That many of the rights and liberties protected by the Due Process Clause sound in personal autonomy does not warrant the sweeping conclusion that any and all important, intimate, and personal decisions are so protected....
It can't be made any more plain than that: just because a decision regarding sexuality or the continuance of your own life is recognized as important, intimate and personal doesn't mean that you actually have a right to make it yourself, without government interference.
Recent challenges
In December 2003 the Supreme court ruled in Lawrence v. TexasLawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
which overturned the previous decision of Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
In light of this the ACLU again challenged the decision before the 11th circuit in February 2007.
The 11th circuit ruled that even though Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
had been overruled that in doing so the Supreme Court had
“declined the invitation” to recognize a fundamental right to sexual privacy, which would have compelled us to employ strict scrutiny in assessing the constitutionality of the challenged statute. Thus, because there is no fundamental right at issue, we apply rational basis scrutiny to the challenged statute
Accordingly, we find that public morality survives as a rational basis for legislation even after Lawrence, and we find that in this case the State’s interest in the preservation of public morality remains a rational basis for the challenged statute. By upholding the statute, we do not endorse the judgment of the Alabama legislature.
In Reliable Consultants Inc. v. Earle. on February 12 2008 the 5th Circuit ruled to overturn the Texas ban on the sale of sex toys using the same facts that failed in the above appeal.