Some Relief in Texas
Feeling lonely in the Lone Star State this Valentine's Day? You'll be glad to know that the 5th Circuit Court of Appeals has just overturned a statute outlawing sex toy sales in Texas. ...
The statute was seldom enforced. But the owners of two Austin sex shops, as well as a retail distributor doing business as Adam & Eve, claimed it hindered their business and deprived potential customers. The state argued that it had a moral basis for maintaining the law, "discouraging prurient interests in autonomous sex and the pursuit of sexual gratification unrelated to procreation."
The 5th Circuit, however, found that sexual privacy supersedes that morality. The court cited Lawrence v. Texas, the 2003 U.S. Supreme Court decision that struck down bans on consensual sex between same-sex couples. The 5th Circuit, siding 2-1, said it is unconstitutional to punish individuals selling sexual devices, since those devices are typically used in the privacy of people's homes. (source)
I love the caption under the photo, "Should buying sex toys be as easy as buying guns?" I don't know... sex toys versus guns. That's a tough one. At least now there's more to do in Texas besides shooting people and going to bar-b-ques.
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