Sex Toys Are Once Again Legal In Georgia... Maybe

While I am no fan of pornogrpahy or the sex industry, I figure that the intimacies consenting adults engage in are none of my business... and most certainly none of the government's business. While a state may have the right to restrict where certain things (such as sex toys, porn magazines and X-rated videos), it has no right to regulate what is bought via mail or shipping, delivered to a private residence, used in the privacy of that home by consenting adults (as determined by the age of consent) and presents no threat or harm to others or their rights.

If we allow the government to regulate our intimacies of the body and sexuality, it won't be long before they get into regulating our thoughts, worship, speech and politics.

Adult Entertainment Lawyer Prevails at 11th Circuit in Battle Over Obscenity Law

Adult entertainment lawyer Cary S. Wiggins has the boyish looks, good manners and perfectly pressed shirt of someone who was raised right.

Last month Wiggins, 34, succeeded in overturning Georgia's obscenity law, which includes a ban on so-called sex toys.

Wiggins acknowledges not everyone would congratulate themselves on such a feat. He said that when he announced the news to his father, a retired U.S. Air Force pilot, his initial response was, "You're not proud of that, are you?"

Wiggins told his father that he was, explaining he "convinced a panel of three federal judges to see the statute violates one of the public's most cherished rights," namely, free speech -- even though obscenity is not protected by the First Amendment.

The case is This That and the Other Gift v. Cobb County, Ga., No. 04-16419 (11th Cir. Feb. 15, 2006). Circuit judges Susan H. Black, Frank M. Hull and Jerome Farris heard the case.

Wiggins told me the only seriously contested part of the obscenity law, which forbids materials of "prurient interest," is the 1975 ban on sex toys.

The ban became a problem for Wiggins' client, This That and the Other, a Cobb County tobacco and adult novelty shop.

Let's face it, while we have no right to be perverted in public view, and no right to impose our sexual will upon others, we have an inherent right to be kinky in the privacy of our own homes/residences with others that consent to that level of kinkiness. The beauty is that those that find that level of kinkiness offensive, gross or disconcerting do not have to participate. God gives us the right to choose... it's an inherent and inalienable right... It is what makes us a free nation... and as long as it's not in plain public view (and a private shop or theater is not plain public view, but a private view) and it doesn't impose or infringe upon others, we should leave these decisions to the participants of legal age.