U.S. Justices May Hear Alabama Sex Toy Ban Case

WASHINGTON — A rare move made last week by the U.S. Supreme Court may indicate that the nation’s highest court is giving real consideration to hearing a case challenging Alabama’s ban on the sale of sex toys, according to legal experts familiar with the case.

In the case Williams vs. Alabama, adult novelty shop owner Sherri Williams is challenging the Alabama state law that prohibits the commercial distribution of devices “primarily for the stimulation of human genital organs.”

The most recent decision in the case came from a panel of judges from the U.S. 11th Circuit Court of Appeals, in which the court held that “public morality remains a legitimate rational basis for the challenged legislation,” and deemed the Alabama ban constitutional.

Following the decision from the 11th Circuit, Williams petitioned the Supreme Court to hear the case, filing a writ of certiorari in May of this year. At the time, the state of Alabama declined to file an opposition to Williams’ writ, a move that is not uncommon when an opposing party believes the Supreme Court is unlikely to take the case.

Last week, the Supreme Court directed the state to respond to Williams’ writ of certiorari — something that experts said the court is unlikely to do if they are not at least considering hearing the case.

“This does not happen often,” Reed Lee, president of the 1st Amendment Lawyers Association, told XBIZ. “The court has requested a response, which it seems to me they would not do if there were no interest in taking the case; by and large, the court does not assign meaningless paperwork.”

According to Lee, because the Supreme Court receives thousands of requests to hear cases every year but only grants certiorari in several dozen of those cases, it is highly unlikely they would request more information on a case that they had no intention of hearing.

The Williams case has taken a long and winding path to the doorstep of the Supreme Court. Most recently, a panel from the 11th Circuit affirmed in part and reversed in part a decision by an Alabama district court. It concurred with the lower court that there was “no currently recognized fundamental right to use sexual devices,” while reversing the district court’s decision that the statute lacked a “rational basis,” holding that the “promotion and preservation of public morality” provided that rational basis.

Asked in what sense the sale of sex toys might impact “public morality,” Lee said that in the mind of many judges hearing such cases, “because it involves commerce, this makes it ‘public.’” Further, Lee said that for some jurists there is a notion that “commerce is almost sanctified,” and that anything related to adult entertainment or sexual materials has a negative impact on commerce, in general.

“Some judges think that [in free speech cases], public morality and notions of propriety should be given more weight when there is commerce involved,” Lee said. “They think that adult materials somehow degrade commerce.”

Despite the unusual move on the part of the Supreme Court to direct the government to respond to Williams’ writ, Lee said it will be “at least the first week of October” before the court announces its decision on whether it will hear the case.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Dr. Carol Queen to Keynote 2026 XBIZ Expo Pleasure Products Trade Show

XBIZ is pleased to announce that Dr. Carol Queen, Good Vibrations staff sexologist, pleasure community historian, and curator of the Antique Vibrator Museum, will deliver the keynote address at the 2026 XBIZ Expo.

Orion Debuts 'Cuties' Vibrating Anal Plug Collection

Orion Wholesale has introduced its new Cuties Mini Butt Plug collection.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Lovehoney Group, Xgen Sign Licensing Agreement for 'Pleasure Air' Tech

Lovehoney Group has signed a licensing agreement with Xgen for the latter to use the former's patented Pleasure Air technology in its pleasure products.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Sportsheets Releases New Training Video for 'Indica' Collection

Sportsheets has released its latest training video, titled "The Indica Collection by Sex & Mischief," hosted by Brand Ambassador Rin Musick.

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

Casey Murphy Launches 'Pleasure Brand Lab' Digital Marketing Tools

Sexual wellness marketing strategist Casey Murphy has launched Pleasure Brand Lab, digital marketing support for small and indie brands.

CAM4, Lovense Introduce New 'Interactive Control' Features

CAM4 has debuted a new suite of interactive Lovense control features for models.

Show More