Sex Appeal

For a long time we've had very restrictive laws in Texas regarding anything to have with sex. And more than once, the high Courts have overturned these laws. You may remember Lawrence and Garner v. Texas, that struck down our law that banned consensual sex between homosexuals. This time it is the law that banned "sex toys". Two stores in Austin filed federal suit in 2004 to overturn this law. Originally, their suit was dismissed, but on appeal the 5th Circuit ruled that this rule violates the right to privacy. "Just as in Lawrence, the state here wants to use its laws to enforce a public moral code by restricting private intimate conduct," the appeals judges wrote. "The 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 consensual private intimate conduct. This is an insufficient justification after Lawrence."

Although we've had a law on the books that prohibited stores from selling sex toys, we have been able to purchase things like "personal massagers" because that isn't so obscene. Now our ever obtuse AG has 14 days to decide if his office will appeal this decision. Since Greg Abbott has a knack for pursuing the dumber issues and is often wrong in his interpretation of the law, I expect that he will. Texas is a leader when it comes to violating the right to privacy. And we are not afraid to take our fight to violate these rights all the way to the Supreme Court.

tags: Texas Sex Toys 5th Circuit Lawrence Garner Right to Privacy Greg Abbott Supreme Court