Sherri Williams v. Troy King

WILSON, Circuit Judge:

This case comes to us for the third time, arising from a constitutional challenge to a provision of the Alabama Code prohibiting the commercial distribution of devices “primarily for the stimulation of human genital organs.” Ala.Code § 13A-12-200.2(a)(l). The only question remaining before us is whether public morality remains a sufficient rational basis for the challenged statute after the Supreme Court’s decision in Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003). The district court distinguished Lawrence and held, following our prior precedent…