Guess we don't have to refer to them as cake toppers or novelty items anymore. hehe
http://blog.washingtonpost.com/offbe..._legal_in.html
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.
According to a law on the books since the 1970s, the sale, promotion, donation or lending of "obscene devices" was punishable by up to two years in jail. And all it took to "promote" was a goodie drawer of six or more.
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.
Alabama and Mississippi now remain the only states where sales of sex toys is illegal, though several other states have
restrictions. The
defenders of those laws say it would be dangerous to make sex toys more easily accessible. They note that sexual addiction is a
recognized mental disorder, and they worry that sex toys may encourage that.
So has Texas opened up a Pandora's box here? Or has the Lone Star State simply opened its mind?