It may be legal to use sex toys in Texas — but it’s not legal to sell ’em.
The Supreme Court refused Monday to consider whether a Texas law making it a crime to promote sex toys shaped like sexual organs is unconstitutional.
An adult bookstore employee in El Paso, Texas, sued the state after his arrest for showing two undercover officers a device shaped like a penis and telling the female officer the device would arouse and gratify her.
The employee, Ignacio Sergio Acosta, says a Texas law outlawing the manufacture, marketing or dissemination of an “obscene device” including those shaped like sex organs is unconstitutional because it prevents individuals from using such devices, violating their right to sexual privacy.
Colorado, Kansas and Louisiana have held such laws unconstitutional, while Georgia, Mississippi and Texas have upheld them, said Acosta’s lawyer in urging the Supreme Court to take the case.
The argument, from Texas’ side, is that the courts have found it’s Constitutional to do whatever you want in private, but there’s not necessarily a right for folks to sell you the stuff you might want to use in private.
I suppose the good people of Texas have the government they deserve …
(via BoingBoing)