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 © 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

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Full Circle Brings Back 'Baby' Bullet Vibe Collection

Full Circle has re-released its Baby collection of three bullet vibrators.

Odin Debuts 'Besties' Dildo Collection

Odin Novelties has debuted its new Besties collection of silicone dildos.

Sustory Introduces 'Lennox' Vibrating Anal Beads

Pleasure brand Sustory has introduced Lennox, its new progressive vibrating anal bead system.

Odin Introduces 'Kink Mechs Turret' Sex Machine

Odin Novelties has debuted its new Kink Mechs Turret sex machine.

Hismith Introduces 'Max 200W' Sex Machine

Pleasure brand Hismith has debuted its new Max 200W sex machine.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added two new harness sets to its Bad Kitty collection of fetish accessories.

Liberator Introduces 'Luxe Faux-Fur' Throw Collection From 'Fascinator' Line

Liberator has introduced its Luxe Faux-Fur throw blanket collection as part of its Fascinator line.

XR Brands Debuts 'Jock Premium' Squirting Dildos Collection

XR Brands has introduced its Jock Premium collection of squirting, silicone dildos.

Kaotik Labs, Dildos Assorted Ink Distro Deal

Svakom’s male-focused sextech sister brand, Kaotik Labs, has signed a deal with Dildos Assorted (DA) for exclusive online distribution.

Show More