‘I LEGAL BY SUSAN MURRAY AND BETH ROBINSON oes the United States n Constitution protect the rights of citizens to sell (or use) ‘sexual devices?’ That’s essentially the question that the federal district court in Alabama confronted this past March in the case of Williams v. Pryor. In that case, the court reviewed an Alabama law crimi- nalizing the sale of “any device designed or marketed as primari- ly useful for the stimulation of human genital organs." Con- cluding that the ban “bears no reasonable, rational relation to a legitimate state interest,” the court concluded that the law was unconstitutional. We should note that this was decidedly not a ‘gay’ case. Four of the plaintiffs challenging the law were heterosexual women, and the other two were businesses who catered to women. Nonetheless, the case involves state intrusion into citizens’ sexual privacy, and thus has implications for all citizens, gay or straight. The federal court in Alabama did not conclude that the funda- mental right to privacy protected I Hate Crimes continued from page two hate crimes measure in that chamber. They include Sens. Edward M. Kennedy, D-Mass., Gordon Smith, R—Ore.; Charles Schumer, D-N.Y.; Ron Wyden, D-Ore.; Patrick Leahy, D-Vt.; James Jeffords, R-Vt.; and Dianne Feinstein, D-Calif. In a July 20 “Dear Colleague” letter, the senators said: “Hate crimes are uniquely destructive and divi- sive. They injure not only the vic- tim, but the entire community and sometimes the entire coun- try.” The ultimate fate of the hate crime language is unclear because the House version of the Justice spending bill does not include it. A final verdict proba- bly won’t be known until fall, when the overall spending bill is likely to become part of expected budget bargaining between President ‘Clinton and lawmak- ers. ~ “With strong administration backing and bipartisan support in both houses of Congress, we expect to be in a strong position in the conference committee to ensure final passage of the Hate Crimes Prevention Act,” said Winnie Stachelberg, the Human Rights Campaign’s political director. Also approved was a second, narrower bill by Sen. Orrin Hatch, R-Utah, that would expand federal jurisdiction to hate crimes committed after the crossing of state lines. It would also allow federal aid to state and local law enforcement ofiicials prosecuting hate crimes. It would not expand coverage beyond crimes based on race, color, reli- gion or national origin, which are already covered by federal hate crime law. “In light of recent brutal anti- gay murders and statistics that show an increase in violent assaults against gay Americans, it is highly irresponsible to exclude sexual orientation from a propos- al to combat hate violence,” said HRC Political Director Winnie Stachelberg. “I do not under- stand how Senator Hatch could sit through a hearing and listen to Judy Shepard speak of her mur- dered gay son, and then offer leg- islation that does not address the problem of hate violence against gay people.” Under current law, the federal government can prosecute hate- motivated violence if the victim was on federal property or engaged in a federally protected . activity such as going to school. V Alabama Ban on Sex Tov §aIes Found unconstitutional citizens’ sexual autonomy; the United States Supreme Court foreclosed such a conclusion with its infamous decision in the 1986 case of Bowers v. Hardwick. (Although Hardwick- is still on the books, it has been dramatically weakened, if not altogether overruled, by the United States Supreme Court’s more recent decision in the Colorado Amendment 2 case.) However, the Alabama court did conclude that the law was far broader than necessary to protect children and “unwilling adults” from exposure to displays of “obscene material.” Moreover, the court concluded that the sex- ual devices in question did not appeal to “prurient interests” and were therefore not obscene. The court noted that “prurient inter- ests should not be equated with normal, healthy interests in sex,” and acknowledged that in many cases of sexual dysfunction, such devices have a therapeutic value. Most interestingly, the court struck down the statute in part because it interfered with the use of such devices by married cou- ples who sometimes use the devices to aid their marital rela- .. tionships. The Alabama court’s decision leaves five states with laws on the books banning the distribu-» tion of sexual devices: Georgia, Louisiana, Mississippi, Texas, and Virginia. V Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool in Middlebury, Vermont whose practices include employment issues, family matters, estate planning, personal injury and worker's compensation cases, and general commercial and civil litigation. If you 'd like our col- umn to cover a particular legal issue of interest to our communi- ty, please write OITM or call us at 388-6356. Our IN THE MOUNTAINS — Aucusr 1999 — 9 White Mountain Summer Eoliidayrs Cycle along Gentle Paths, Hike to Cascading Waterfalls, Kayak along Trout—filIed Rivers Savor Gourmet Picnic Lunches and Fabulous Candlelight Dinners. Route 117 at Lovers Lane, Sugar Hill, NH 03585 1.883.343.2220 foxgIovcinn@compuserve.com www.foxgIoveinn.com Housepainting 8r Masonny I 0;.‘ all types Call Knis Daley 862-9431 fully Insured 15 yrs. experience free Estimates Reasonable Iiates Decorative Painting illing Most Health Conscious Food In Burlington... Wills!!! IIIE [lliIAiS EAT, Yet People Insist that We Serve the Best Food Too l! Great feasts iron) Tliailancl, Vietnam, Burma, China, Inclonesia Five Space Cafe 175 Church St. Burlington 864-4045 Delivery through Menus on the Move - 863-MEAL NEWLY EXPANDED KITCHEN ‘AND SEATING avertise in UITII/I. 434-6486. BIKE FOR THE RIGHT TO MARRY Vermont Freedom to Marry Task Force BIKE-A—THON 25 or 50 Mile Loops Starting at Kingsland Bay State Park, Ferrisburgh Beginning at 9:00 am. Saturday, September I 1, 1999 Rain or Shine! Help raise money for the Vermont Freedom to Marry Task Force! For details and a pledge form call Susan at 877-3165