Last month the U.S. Court of Appeals for the Fifth Circuit (based in New Orleans) became the first and only jurisdiction in the country to recognize an individual's right to bear both arms (in a 2001 case) and to purchase adult toys "designed or marketed as useful primarily for the stimulation of human genital organs." The latter case involved a Texas statute that criminalized the promotion and sale of sex toys. As the Cato Institute’s Ilya Shapiro explained:
"The Fifth Circuit's analysis correctly rests on the Supreme Court's 2003 decision Lawrence v. Texas, which found that Texas's anti-homosexual sodomy statute violated the Fourteenth Amendment right to engage in private intimate conduct. Put simply, there is no state interest compelling enough to overcome the individual right to freedom in the bedroom.
Because the 11th Circuit last year upheld a similar Alabama “obscene device” statute, Shapiro says that "the Fifth Circuit's decision now squarely opens up a 'circuit split,' which means the issue is ripe for the Court to take up next term." Here's hoping the highest court in the land follows the Fifth Circuit and decides that adults are entitled to possess both handguns in the home (in a case now before the Supreme Court) and sex toys.
And here's another look at how liberty and sexuality stand together. Jamie Kirchick writes in the New Republic of how gay porn actor and director Michael Lucas, who is a Jewish Russian immigrant, has run afoul of the politically correct academic crowd because of his unbridled condemnation of homophobia and anti-Semitism in the Islamic world. This particularly brouhaha erupted after Stanford University's student government asked Lucas to host a lecture on sexual health, which caused other students to protests against the invite. Responded Lucas, "It totally escapes me how gay people can side with burqa-wearing, jihad-screaming, Koran-crazed Muslims."
Kirchick admits that Lucas is often over the top (forgive me), but I like this quote from the story:
"He's from the East Coast," says Mark Kernes, a senior editor at Adult Video News. "Us people on the West Coast are more laid back."
More on gun rights. The Pink Pistols' brief is the lead for the Washington Post story on amicus briefs in the Second Amendment case now before the Court. (IGF contributing author Dale Carpenter helped write the brief.)
More on Jew-bashing + gay-bashing. The most recent in an ongoing series of attacks in France.
Europe capitulates, again. A gay Iranian teenager faces deportation from Britain and execution in his home country after a Dutch court refused to hear his asylum claim.