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

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

XBIZ Expo Wraps With Final Day of Networking and Sales

The 2026 edition of XBIZ Expo wrapped up on Sunday afternoon on the mezzanine level of the Loews Hollywood Hotel, where prominent buyers and sellers celebrated a raft of new deals and promising connections.

XR Brands Taps Josh Ortiz for Director of Education and Outreach

XR Brands has promoted sex educator Josh Ortiz to director of education and outreach.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Holly Randall Launches Marketing Firm, Signs Stripchat Deal

Holly Randall has launched her new marketing firm, Holly Randall Agency, and signed the agency’s first deal with Stripchat.

Agatha Vega Returns to Dorcel for 'Agatha's Secrets'

2024 Euro XMAs Performer of the Year Agatha Vega stars in the new Dorcel title “Agatha’s Secrets.”

2026 XBIZ Conference Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

XBIZ Expo Day 2: Education, Dialogue, Community

Day 2 of XBIZ Expo continued the event’s focus on education, collaboration and industry insights, with a packed schedule that balanced business-driven discussions with innumerable opportunities to network.

Sarah Arabic, Ashlyn Peaks & Cali Sweets Star in Latest 'All-Girl Massage'

Sarah Arabic, Ashlyn Peaks, and Cali Sweets star in the latest installment of Adult Time series "All-Girl Massage."

Alexis James Makes Her Elegant Angel Debut

Alexis James has made her debut for Elegant Angel in a new scene titled “Fit For Anal.”

Show More