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 © 2026 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

Hankey's Toys Debuts Lance Woods Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Lance Woods.

Nasstoys to Debut 'Sky' Vibe Collection at Altitude Intimates

Nasstoys will introduce its Sky vibrator collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

Kheper Releases New Edition of 'Making Bad Situations Worse' Party Game

Kheper Games has released its Making Bad Situations Worse — The Outrageous Version party game.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Male Power Debuts Limited-Edition 'Mykonos' Collection

Male Power has introduced its new limited-edition Mykonos collection of men's underwear.

Eldorado to Debut 3 New Brands at Altitude Intimates

Eldorado Trading has inked distribution deals with three new brands and will introduce their respective product lines at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Eye of Love Debuts 'Pheromone Perfume Oils' From 'Matchmaker' Line

Eye of Love has introduced Pheromone Perfume Oils from its Matchmaker collection.

Show More