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 © 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

LELO Debuts 'LELO Labs' Enhancements Line

LELO has introduced its new LELO Labs line of performance enhancers.

Cailey Katts, Steve Rickz Front New Release from Grooby

Cailey Katts and Steve Rickz star in the latest release from Grooby Girls, titled “My Best Friend’s Brother.”

Yhivi, Lilly Bell Star in Latest From Girlsway

Yhivi and 2025 XMAs Girl/Girl Performer of the Year Lilly Bell star in the latest release from Girlsway, titled “Like a Real Married Couple.”

Jade Venus, Kasey Kei & Addison Vodka Front Latest From Transfixed

Jade Venus, Kasey Kei, and Addison Vodka star in the latest release from Transfixed, titled "The Sexy Setup."

Kasey Kei Stars in Latest From Kink.com

Kasey Kei stars with Jake Switch in the latest installment of Kink.com's "Kink Trans" series, titled "Take My Hole, Mistress."

Adam & Eve Reveals Results of 'Bedroom Confidence' Survey

Adam & Eve has released the results of a survey asking respondents about their level of confidence in the bedroom.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

Foxxy, Cami Strella Topline Latest 'TS Taboo' From TransSensual

Foxxy and Cami Strella headline the 11th volume of "TS Taboo: Office Liaisons" from Mile High Media studio imprint TransSensual.

Lovense, Hustler Hollywood Partner for 'Turned On' Event Series

Lovense and Hustler Hollywood have partnered for a series of product demonstration and staff training events, taking place in 18 cities throughout July.

Madison Wilde, Eva Long Topline Latest 'My Friend's Lesbian Daughter'

Madison Wilde and Eva Long headline the fifth volume of “My Friend's Lesbian Daughter,” the latest release from Girlfriends Films.

Show More