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Fifth Court Says Texans have a right to Sell “Sex Toys”

Lots of things are ‘immoral and obscene’ in Texas, but so called ‘sex toys’ are not among them, according to a federal appeals court.

The Fifth U.S. Circuit Court of Appeals has rejected Texas Attorney General Greg Abbott’s request to overturn a ruling that a Texas law making it illegal to ‘sell or promote’ sex toys was unconstitutional.

The trial court ruling came in the case of a woman in north Texas who was holding ‘Tupperware-style’ parties in her home to sell the items to other women. Stores all over the state also went along with the challenge to the law.

Abbott argued that it was unfair for a ‘panel’ of the New Orleans appeals court to decide the issue, and said the case may have to be decided by the U.S. Supreme Court, which would certainly make for interesting coverage.

The state has not decided whether to pursue its appeals.

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