A federal appeals court has struck down a Texas law that makes it a crime to promote or sell sex toys.
"Whatever one might think or believe about the use of these devices," said an opinion written by Justice Thomas M. Reavley of the 5th U.S. Circuit Court of Appeals in New Orleans, "government interference with their personal and private use violates the Constitution."
Under Texas law it is illegal to sell, advertise, give or lend obscene devices, defined as a device used primarily for sexual stimulation. Anyone in possession of six or more sexual devices is considered to be promoting them.
The Texas law dates back to the 1970s and is seldom enforced. Travis County prosecutors say that they haven't charged anyone with a sexual device-related crime in at least the past seven years, and probably much longer.