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

Dallas Rea Makes Her TeamSkeet Debut

Dallas Rea has made her debut for TeamSkeet alongside Chris Sterling.

On the Set: Cherry Kiss Caps a Decade With 'Cherry on Top'

Cherry Kiss is dabbing sweat off Seth Gamble’s forehead as he hovers over Ella Reese, a black makeup bag slung across her chest.

Ariel Demure, Penny Barber Star in Latest From Transfixed

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Penny Barber in the latest release from Transfixed, titled "An Easy Prospect."

Lucy Mochi Stars in Latest From New Sensations

Lucy Mochi stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from New Sensations.

Altitude Show Taps Deanna Klerks for Buyer Relations and Experience Manager

Altitude Show has hired Deanna Klerks as its new manager of buyer relations and experience.

Toendi Launches Full Company Rebrand

Pleasure brand Toendi has launched a rebrand of its logo and products.

Orion Expands 'Beastly Cocks' Line

Orion Wholesale has introduced two new fantasy dildos from its Beastly Cocks line.

Wicked Wraps Production on Crime Thriller 'Reputation'

Wicked Pictures has wrapped production on its new psychological crime thriller, "Reputation," co-directed by Michael Vegas and Siouxsie Q.

Leilani Li Fronts Latest From Grooby VR

Leilani Li stars in the latest release from Grooby VR, titled "Worshipping Leilani."

Blush Debuts 'Riana' Massager

Blush has introduced the new Riana massager.

Show More