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Georgia town can continue banning the sale of sex toys — but probably not for long

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A federal appeals court has upheld a ban on the sale of sex toys in Sandy Springs, Georgia — but acknowledged the decision probably won’t stand, the Atlanta Journal-Constitution reports.

A panel of three judges on the 11th U.S. Circuit Court of Appeals in Atlanta made the decision, saying they had no choice but to follow a 2004 case precedent.

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But they believe that decision, a similar ban in Alabama, was wrong. They encouraged plaintiffs in the case to continue pursuing it in order to set a new precedent.

AJC reports the new take on the matter reflects the fact that last year’s Obergefell ruling legalizing same-sex marriage in all 50 states has pushed courts further away from making decisions dictating what people do in their bedrooms.

Sandy Springs passed the controversial ordinance in 2009 — which prompted MSNBC to observe that while Georgians can carry guns around almost anywhere, they can’t buy sex toys without a doctor’s note.

Per the ordinance, “device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material.”

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Two residents sued over the ordinance, calling it unconstitutional.

Melissa Davenport has been diagnosed with multiple sclerosis and says they have helped her in her marriage, while Marshall Henry is an artist who uses the devices in his artwork and also his own personal use, MSNBC reports.

“We feel that this is really the government intruding on people’s private, intimate, sexual activity,” their attorney, Gerry Weber told MSNBC. “We are asking a judge to find the ordinances unconstitutional because of that.”

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He called the law both “ironic” and “absurd,” adding, “If the government is not in our gun racks, it certainly should not be in our bedrooms.”

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Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



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WATCH: Trump’s collusion with Russia is now a topic for impeachment — along with obstruction and racism

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