Court Declares Texas Sex Toy Law Unconstitutional

NEW ORLEANS, La. — A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans has overturned a Texas law from the 1970s that makes it a crime to promote or sell sex toys in the state.

Yesterday's 2-1 opinion referenced the U.S. Supreme Court's 2003 decision in Lawrence v. Texas that struck down a Texas law that prohibited private consensual sex among people of the same gender. That ruling created a broad if undefined constitutional right to sexual privacy.

"Whatever one might think or believe about the use of these [sex toy] devices," Justice Thomas M. Reavley wrote in the 5th Circuit opinion, "government interference with their personal and private use violates the Constitution.

"Just as in Lawrence, the state here wants to use its law to enforce a public moral code by restricting private intimate conduct," the ruling continued. "This case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of of consensual private intimate conduct."

The current case dates back to 2004, when Reliable Consultants Inc., the owner of two Dreamers stores and Le Rouge Boutique in Austin, filed suit in U.S. District Court, challenging the sex toy ban and seeking a declaratory judgment against its enforcement. Phil Harvey Enterprises (PHE) later joined the case as plaintiff.

Though none of the plaintiffs had been prosecuted in Texas under the statute, they claimed that its existence harmed their businesses by preventing customers from purchasing those products. Plaintiffs were represented by the Cincinnati-based law firm of Sirkin, Pinales & Schwartz LLP.

The judge in that lawsuit dismissed the case, finding no constitutional right to promote such "obscene" devices, but the plaintiffs appealed and were vindicated yesterday.

According to the Houston Chronicle, Tom Kelley, spokesman for the Texas Attorney General's Office, which intervened in the case on behalf of one of the original defendants, Travis County District Attorney Ronnie Earle, said a decision has not been made on whether to petition the New Orleans appeals court for a hearing before the full court.

The paper also reports that, if left unchallenged, the decision will not go into effect until the court issues its mandate in early March.

Related:  

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

River Lynn Toplines Pat Myne's 'Phat Ass for Days'

River Lynn headlines director Pat Myne's latest release, "Phat Ass for Days," from Evil Angel.

Kitana Lure, Angelika Grays Star in Latest From MixedX

Kitana Lure and Angelika Grays star in the latest release from MixedX, titled “The Power of Lust.”

Honey Play Box Introduces Red 'Puff' Kegel Trainer

Honey Play Box has debuted a new red edition of its Puff kegel trainer.

Jessie Rogers Fronts Latest From Blacked

Jessie Rogers has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Damion Dayski.

CB-X Unveils 'Guarded Galaxy' Chastity Kits

CB-X has unveiled its new Guarded Galaxy glitter chastity kit collection.

Penny Barber Makes Her Slayed Debut

Reigning XMAs MILF Performer of the Year Penny Barber has made her debut for Vixen Media Group studio imprint Slayed, alongside Phoenix Marie.

Marvin Love Directs BDSM Release for Brazzers

Brazzers has released a BDSM scene directed by Marvin Love, titled “Lock Stock & Anal.”

Jasmine Sherni Makes Her Dorcel Debut

Jasmine Sherni has made her Dorcel debut alongside Vicki Chase and Isiah Maxwell in the studio's latest release, “The Initiation of Vicki Chase.”

Wasteland Appoints Joe Evans to Head New Content Initiative

Wasteland.com has announced a content initiative with Business Development Director Joe Evans serving as lead creative director.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

Show More