The Constitutionality Of Alabama And Texas Statutes Essay

2430 Words Apr 29th, 2016 null Page
I. Summary Of Conclusions

You have asked me to advise you on the constitutionality of Alabama and Texas statutes that, in many circumstances, prohibit the distribution of sexual devices such as dildos and vibrators. (You have informed me that you do not believe that the two laws differ in any significant respect.) The Court is faced with a split in the circuits. The Fifth Circuit held that the prohibition violated the Fourteenth Amendment’s guarantee of substantive due process, while the Eleventh Circuit held that it did not. This memorandum recommends that you agree with the Fifth Circuit in Reliable Consultants and the dissent in Williams that the laws violate the Due Process Clause. In particular, it recommends that you conclude (1) that the laws interfere with constitutionally protected liberty and should be subject to strict judicial scrutiny; and (2) that the asserted interest in morality does not constitute a legitimate state interest that justifies this liberty deprivation.

II. The Prohibition On The Distribution Of Sexual Devices Interferes With A Constitutionally Protected Liberty And Is Subject To Strict Judicial Scrutiny The first question that needs to be addressed is whether or not these statutes limiting the promotion and sale of sexual devices interfere with a fundamental right afforded to all citizens protected under the Fourteenth Amendment. To begin, the right to privacy that protects an individual’s sexual practices is a right that the ACLU has urged…

Related Documents