Alabama High Court Says Morality Can Still Justify Commercial Regulation

Religion Clause Blog: “The New York Times this morning editorializes on a decision handed down three weeks ago by the Alabama Supreme Court, 1568 Montgomery Highway, Inc. v. City of Hoover, (AL Sup. Ct., Sept. 11, 2009). In a 7-2 decision, the court upheld against constitutional attack Alabama’s ban on the commercial distribution of sex toys . . . The court concluded that ‘public morality’ can serve as a legitimate rational basis for regulating non-private commercial activity . . .”

Related post: Will Alabama’s criminalization of sex toys reach the Supreme Court?

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