Ruling on Texas Sex Toy Ban Could Affect Other States

JACKSON, Miss. — State government officials this week said that a recent decision by the 5th U.S. Circuit Court Appeals overturning a Texas sex toy law could render Mississippi’s own ban on “obscene devices” unenforceable.

According to the Huntsville Times, Miss. Assistant Attorney General Harold Pizzetta said Tuesday that while the state’s law is “still on the books,” the court’s ruling “will make any defense of the law problematic.”

“It will put our statute in jeopardy,” Pizzetta added.

Mississippi isn’t the only state that could see its sex toy ban fall by the wayside — the 5th Circuit’s ruling this month has created what is commonly referred to as a “square split” between judicial circuits. Last year, the 11th Circuit upheld Alabama’s ban on obscene devices as constitutional, reasoning in its decision that the state’s “interest in preserving and promoting public morality provides a rational basis for the challenged statute.”

In an analysis prepared for the Free Speech Coalition (FSC), attorney Reed Lee, who represents store owner Sherri Williams in her ongoing challenge to Alabama’s ban on sex toys, expressed cautious optimism that the 5th Circuit panel’s decision will be upheld.

“The panel majority’s decision and reasoning are sound, and they deserve to prevail both in the 5th Circuit and elsewhere,” Lee wrote. “But conservative judges will likely be upset about the ruling, as they were about the Supreme Court’s sodomy decision and about so many other decisions of importance to us.”

Lee added that, just as the 6th Circuit’s recent 2257-related ruling in the Connection Distributing case “is not likely to be the last word on the subject,” it should be expected that there will be further litigation pertaining to sex toys, as well.

“In the end, I think both panel’s decisions will be vindicated,” Lee wrote.

Williams, who has spent over nine years fighting the ban on sex toys in Alabama, said this week that she has printed 5,000 postcards for her customers to send to state legislators as part of her ongoing lobbying effort.

“Maybe now that they’re the only one standing, they’ll listen,” Williams said.

In his analysis prepared for the FSC, Lee compared Williams’ situation with that faced by Michael Hardwick two decades ago: Hardwick unsuccessfully challenged Georgia’s antisodomy laws in the 1980s.

“They both bravely fought unconstitutional laws on constitutional privacy grounds,” Lee wrote. “Unlike Mr. Hardwick, it looks like Sherri Williams will live to see her constitutional challenge fully vindicated. No one has struggled more assiduously than she has, and no one deserves vindication more.”

Read the FSC's Analysis

Related:  

Copyright © 2024 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

Blush Partners With South Korean Wellness Brand Red Container

Blush has partnered with South Korean wellness brand Red Container on a number of pleasure product collaborations.

Swiss Navy Debuts New Variety Packs

Swiss Navy has introduced two new personal lubricant variety packs.

BasisDx Adds Expedited Results Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a new option for expedited test results for its Pro13 kit.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Orion Debuts 'Suck-O-Mat 3' Masturbator

Orion Wholesale has introduced the third edition of its Suck-O-Mat masturbator.

Biird Debuts 'Ohwii' Glass Dildo

Biird has introduced Ohwii, its new double-ended glass dildo.

Sportsheets Releases New Training Video for 'Edge' Line

Sportsheets has released its latest training video, titled "Edge Product Training," the third in a series hosted by Brand Ambassador Rin Musick.

Exsens Marks Its 10th Anniversary

Intimate wellness and body care brand Exsens is celebrating its 10-year anniversary.

Show More