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 © 2025 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

Yee-Haw! 7th Pornhub Awards Bring Out the Industry's Top Cowboys and Cowgirls

One year after a raucous rock ’n' roll celebration at the Whisky a Go Go, the seventh annual Pornhub Awards traded in leather and lace for a Wild West theme that brought the industry’s top cowboys and cowgirls to the historic Saddle Ranch Chop House on Hollywood’s iconic Sunset Strip.

Violet Myers: From Shy Girl to Social Media Queen

Clad in futuristic, form-fitting black, Violet Myers looks like a character from “The Matrix” or the heroine of some “Blade Runner” reboot, trapped in a glowing virtual-reality maze.

Connie Perignon Stars in Latest Episode of 'Raunch' From Adult Time

Connie Perignon stars with 2024 XMAs Male Performer of the Year Zac Wild in the latest installment of Adult Time series “Raunch,” titled “Connie Gets Wild and Squirts.”

TeamSkeet, MYLF Launch FamilyStrokes.com, Release 'Step Sisters'

Sister studios TeamSkeet and MYLF will launch their new website, FamilyStrokes.com, and release the site’s debut feature, “Step Sisters,” on Saturday, May 10.

Ofcom Investigates 2 Adult Sites for AV Noncompliance

U.K. media regulator Ofcom is investigating two adult sites for failure to comply with age assurance requirements under the Online Safety Act, which Ofcom is charged with enforcing.

Williams Trading Launches 2025 'Pride' Promo, Summer Catalog

Williams Trading has launched its 2025 Summer Pride promotion and catalog.

Maria Bella Makes Her TransAngels Debut

Maria Bella has made her TransAngels debut alongside King Noire in “Maria Makes a Splash.”

Jesse Pony Headlines Jonni Darkko's Latest 'Bet Your Ass'

Jesse Pony toplines director Jonni Darkko’s “Bet Your Ass 9,” from Evil Angel.

Remy Woods Makes Her Ricky's Room Debut

Remy Woods has made her Ricky’s Room debut alongside Isiah Maxwell in the studio’s latest release.

2025 Pornhub Awards Winners Announced

Winners of the 2025 Pornhub Awards were announced at a live event last night at Saddle Ranch Chop House in Hollywood.

Show More