This week federal appeals court has banned the law of prohibiting the sale of sex toys in the state of Texas, a law that has been around since the 1970's. It seems no one really has been charged of this crime, except one woman who did promote sex toys at a tupperware party, but the charges were dropped.
After reading this article, I realize a few of things, one: novelty devices really means sex toy and two: since there are already the sale of sexual devices in Texas, this ban will spring forth an abundance of sex shops, and third: like it or not prohibiting sale of sex toys voilates our constitutional right.
Realiable Consultants and PHE, INC (both operate adult stores or sex toy websites) joined forces to prosecute against Travis County District Attorney, Ronnie Earle and Texas General Attorney, Greg Abbott. They believed that this law voliated the people's 14th Amendment and business' 1st Amendment rights. The 14th Amendment gives people guaranteed privilages and immunites of citizenship and due process and equal protection, 1st Amendment which is our freedom of speech, press, and assembly.
As comedic as this is, I really do think that it voliates our constitutional rights. Who has the right to decide what a person does behind close doors in his or her own home? The plantiffs do make several very good arguments in thier appeal such as, married couples use these devices for their "sexual aspects" and it is used for those who can not any sexual contact due to "HIV" amongst other things. If the law prohibits commerical rights for these companies then it really is violating thier freedom of speech. Texas argues that it is "protecting" our liberial right, however, it is actually constricting our freedom. If an overweight adult walks into a resturant and orders three hamburgers, then that is his business, who has the right to say otherwise, that adult knows perfectly well what he is doing. Its the same for a married couple or unmarried or anyone to walk into an adult store and purchase a sex toy. Whatever that person chooses to do, it there business.
Even though sex toys are pretty controversial to many people, and there are those that rather not speak of such products,however, baning it takes away from our right that we so deserve.
Read the article here.
5th Circuit US court Appeals here.
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