In
Texas, it is not against the law to sell a sex toy, it is
against the law to sell it and tell someone what it is intended
for, because the Texas government insists that retailers lie
about what it is they are selling by insisting retailers call
them novelties. Thus, the officer was baiting the employee
by asking how to use it.
It
would be interesting to see the law enforced in a Wal-Mart
by asking a employee what the "Ribbed For Her Pleasure"
condoms are supposed to do. The law is not only inconsistent,
and encourages dishonesty when it comes to sexual health,
but it also violates the right of U.S. citizens to be able
to be informed consumers of sexual health products.
The
Supreme Court refused to consider if it is a crime and unconstitutional
to promote sex toys shaped like sexual organs. The defendant,
Acosta, is arguing that the law violates the right to sexual
privacy.
Acosta’s
lawyer filed a motion to dismiss the complaint, on the grounds
that the statute unconstitutionally prevented Texans from
enjoying dildo-type devices, which they have a right to do
in the privacy of their homes. Based on the 2003 Supreme Court
Lawrence v. Texas ruling that threw out sodomy statutes nationwide
on privacy grounds, Acosta’s attorney argued that the state
had no compelling justification for burdening adults who wish
to exercise their privacy rights to use sex toys.
Chief Justice Richard Barajas wrote “It is appropriate for the
State to act to protect the social interest in order, morality,
and decency by restraining commercial dealing in non-communicative
objects designed or marketed for use primarily for the stimulation
of human genital organs.” Barajas provided no explanation as
to why selling a dildo in an adult bookstore presents any risk
to order, morality, or decency.
Acosta’s
lawyer, Santa Monica, Calif.-based Roger Diamond, urged the
U.S. Supreme Court to hear the case in light of conflicting
rulings throughout the nation as to the sale of so-called obscene
sex toys. The case will now go to the El Paso County court for
trial.
Colorado
and Louisiana courts say that laws banning the sale of sex toys
on obscenity grounds are unconstitutional, while courts in Georgia,
Mississippi and Texas have upheld sex toy bans.
Update-
2-14-08
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.
The
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.
Free
Speech Coalition FAQs About Sale of Sex Toys In Texas Now
Please
read our article on the War
on Sex Toys
Other
Links To This Story-
Free
Speech Coalition
XBiz.net
AVN.com
BoingBoing.net
Sex Toys
Under
Attack In Texas
