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

Sadie Summers, Yhivi Star in Latest From Spankbang Gold

Sadie Summers and Yhivi star in the latest release from Spankbang Gold, titled "Inside: The Coopers — A Free Use Story."

Jim Powers on Shooting Fast, Staying Weird and Never Phoning It In

The Santa Ana winds are blowing as we drive through the gate of Tommy’s Funhouse, the legendary mountaintop porn house in Newbury Park, California. Inside, we find director Jim Powers in the middle of a typical shoot day.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

XR Brands Debuts Stroker Collection, Love Doll

XR Brands has introduced its new Hentai Fantasies stroker collection, as well as the K-Pop Idols love doll.

VirtualRealPorn Launches New WebXR Site

VirtualRealPorn has officially launched its new site, powered by Web Extended Reality (WebXR).

Eris Jolie Leads Latest From TransAngels

Eris Jolie stars with Yhivi and Kimmy Kimm in the latest release from TransAngels, titled "Bend It Like a Baddie."

Brittany Andrews, Little Puck Front Latest From Swappz

Brittany Andrews and Little Puck star in the latest release from Swappz.

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Andi Avalon, Lexi Lore Front Latest From Pervz

Andi Avalon and Lexi Lore star with Mike Mancini in the latest release from Pervz’s “PervTherapy” series.

Christy Love Stars in New Release From Evil Angel

Christy Love stars with director Richard Mann in a new release from Evil Angel.

Show More