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

Emma Rose Toplines 'TS Girls Do It Best 4' From TransSensual

Two-time XMAs Trans Performer of the Year Emma Rose headlines "TS Girls Do It Best 4," from Mile High Media studio imprint TransSensual.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

Serenity Cox, Eva Angelina Star in Latest From MILFY

Serenity Cox and Eva Angelina star with Sheem in the latest release from Vixen Media Group studio imprint MILFY, titled "Yes Captain."

Nobü Adds to 'Essentials' Collection

Nobü has expanded its Essentials collection with three new vibrators.

Blush Expands 'B Yours' Collection

Blush has introduced a new vibrating plug from its B Yours Collection.

We-Vibe Debuts 'Shared Touch' Vibe

We-Vibe has introduced its new Shared Touch vibrator for couples.

Lumi Ray, Blake Blossom & Isa Bella Star in Latest From Bellesa Plus

Lumi Ray, Blake Blossom, and Isa Bella star in the latest release from Bellesa Plus, titled "The Girl They Both Wanted."Directed by Jacky St. James, the scene opens with Ray, on her birthday weekend, being reunited with sorority sisters Blossom and Bella.

Maddie Wren, Chanel Camryn Star in 'My Lesbian Masseuse 2'

Maddie Wren and Chanel Camryn star in the second volume of "My Lesbian Masseuse," from Girlfriends Films.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

Kiiroo Introduces New Tyler Wisby Stroker

Kiiroo has debuted the new Tyler Wisby stroker sleeve from its FeelStar line.

Show More