But Can You Get a Dildo Through Security at the State Capitol?

0
0 Flares Filament.io 0 Flares ×

Jessica Jin’s brilliant protest over campus carry, Campus (Dildo) Carry, thrust the state’s gun laws onto the international stage. As a public service, we’d like to clarify a few points so you’ll be ready to take part.

There’s been some fear-mongering that protesters slinging silicon instead of Sig Sauers will get arrested during the protest.

Don’t worry.

Texas law used to ban people from selling “obscene devices,” but the statute was ruled unconstitutional by the very conservative Fifth Circuit Court of Appeals in 2008:

“Because of Lawrence v. Texas, 539 U.S. 558 (2003), the issue before us is whether the Texas statute impermissibly burdens the individual’s substantive due process right to engage in private intimate conduct of his or her choosing,” the majority wrote. “Contrary to the district court’s conclusion, we hold that the Texas law burdens this constitutional right. An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right.”

Republican Texas Attorney General Greg Abbott defended the dildo ban, arguing that the state had “morality based” reasons for the law, including “discouraging prurient interests in autonomous sex and the pursuit of sexual gratification unrelated to procreation.” Following the 5th Circuit ruling, Abbott’s office requested a rehearing en banc, but the court declined.

[If you’d like to read the en banc ruling telling Abbott he was not going to get his dildo case to the Supreme Court, you can read it here—and thanks to plaintiff Dreamers for sending the link!]

Of course, that case law isn’t directly on point, as it did relate to sales, and referenced “private intimate moments.” So, do protesters need to worry?

No.

This protest against campus carry’s perversion of the second amendment is a political protest, and therefore covered by the first amendment.

The protest will be governed, however, by university rules about demonstrations and protests. Those rules specify:

The privilege of free speech, expression and assembly on The University of Texas at Austin campus is only extended to students, faculty members and staff members, and is not extended to off-campus persons (e.g., Austin residents, UT alumni, etc.)

So, Texas Exes and others may need to find an alternate location to rally in solidarity.

Should that location be the Texas Capitol?

We cannot say what would happen should you try to bring a dildo into the Texas Capitol. If we can draw any conclusions based on DPS’s reaction a few years back to feminine hygiene products and other contraband, you should probably not risk bringing a glitter dildo. They’re not fond of glitter at the capitol.

Glitterless dicks, as far as we can tell, seem to have no problem getting through security. Pro tip—they can get through even faster if they have a concealed handgun license.

 

Share.

About Author

Andrea Greer

Andrea, an activist, fundraiser, feminist, writer, and baker, is not as tall as you think she is. She's been at this a long time, and wants to know what you are doing to make the pie higher and raise more hell. Her mother would like you to know she's got a law degree.

Leave a Reply

2015 © Skytop Publishing All Rights Reserved. Do not republish without express written permission.

Site designed and developed by well + done DESIGN

0 Flares Twitter 0 Facebook 0 Filament.io 0 Flares ×