7/29/2004

Speaking of people who didn't get Al Sharpton's message: Americans do not have a fundamental right to sexual privacy, a 2-1 decision of the 11th U.S. Circuit Court of Appeals said on Wednesday. The split panel upheld an Alabama law -- nearly identical to one in Georgia -- that made the sale of sex toys a crime punishable by up to a year in prison. The decision extends an emerging division in the court over sexual rights, with Judges Stanley F. Birch Jr. and Rosemary Barkett leading opposing factions. Birch maintains that although the U.S. Supreme Court last year struck down a Texas law criminalizing homosexual sodomy, the justices have not decided fully that sexual privacy is a fundamental right protected by the Constitution.

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