Home -> Law Blog Directory -> Federal Judiciary Blogs -> Decision of the Day
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Federal Judiciary
: Decision of the DayFifth Circuit Strikes Down Texas Sex Toy Ban
By Robert Loblaw
Reliable Consultants, Inc. v. Earle, 06-51067 (5th Cir., Feb. 12, 2008)
In a major Fourteenth Amendment ruling, a divided panel of the Fifth Circuit has struck down portions of a Texas statute that makes it a crime to sell “obscene devices.” You know what I?m talking about. The majority of Judges Reavley and Prado concludes that the statute suffers the same constitutional infirmities as the Texas anti-sodomy statute, which the Supreme Court struck down in Lawrence v. Texas. Judge Reavley writes:
Just as in Lawrence, the State here wants to use its laws to enforce a public moral code by restricting private intimate conduct. The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the State is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification for the statute after Lawrence.
Judge Barksdale dissents, arguing that Lawrence addresses purely private behavior, whereas the obscene devices statute targets commercial activity. Drawing on an Eleventh Circuit decision uphoding a similar ban in Alabama, he argues that the statute should only be subject to rational basis review, which it easily passes. Accordingly, he sees no Fourteenth Amendment issue
Full post as published by Decision of the Day on February 12, 2008 (boomark / email).
Dumb Texas Laws
Stupid Laws in the Lone Star State
Selection of State Supreme Court Judges
How State Court Judges are Selected
Texas Employment Law
alleged violations of Texas labor laws including overtime pay, discrimination and harassment.
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Texas' KB Home Hit with Price Fixing Class Action
Texas' KB Home Faces Price Fixing Class-Action
BP to Pay $15M for Texas Refiney Violations of Clean Air Act
BP to Pay $15M for Texas Refiney Violations of Clean Air Act
BP
Settles More Claims From Texas Refinery Explosion
Texas A&M University
Settles Bonfire Lawsuit for $2.1 Million

Fifth Circuit Strikes Down Texas Sex Toy Ban:
Blind Strikes and Double Strikes
Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys
Court strikes down Texas ban on sex toys
"Court strikes down Texas ban on sex toys; Federal appeals court says law violates right to privacy"
Ninth Circuit Upholds Three Strikes Sentence for Petty Theft







