The Associated Press:
MONTGOMERY, Ala. — Sex toys are still illegal in Alabama, at least as far as the Alabama legislature is concerned. Legislators voted 37-28 against a bill Tuesday that would have removed a ban on sexual devices, such as vibrators, from the state’s obscenity law.
The ban on sexual devices was added at the last minute when the obscenity law passed the legislature in 1998.
A federal judge in Birmingham has twice ruled that the ban is unconstitutional. The first ruling was overturned by the 11th circuit court of appeals and the second ruling has been appealed.
The sponsor of the bill, Representative John Rogers (D–Birmingham) said because of the court ruling, the obscenity law is unenforceable as long as it contains the ban on sex toys.
“All this does is make our obscenity law unconstitutional,” Rogers said.