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Ted Cruz Defended a Ban on Sex Toys!

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ted cruz sex toy ban

Shock! Horror! Gasp! sexEstore can reveal from a recent Mother Jones Magazine report that in 2007 current Republican presidential candidate Ted Cruz argued in a court brief that individuals have no legal right to use sex toys, even in the privacy of their own bedrooms. U.S. senator Cruz was Texas solicitor general for over five years and would argue the state’s legal positions in court.

While campaigning, Cruz often stated that he used the job to defend capital punishment, oppose abortion, preserve the words “Under God” in the Pledge of Allegiance and also defend a monument to the Ten Commandments on the state Capitol grounds.

However Cruz makes no mention of a case he lost nearly ten years ago, which was his defense of Texas’ sex toy ban.

The law which was approved in the 1970’s banned as obscene any device “useful primarily for the stimulation of human genital organs.” It also declared that anyone possessing six or more such items was presumed to be promoting sex toy usage through manufacture, sale, lending, delivery or other means.

A 43-year-old mother of three and former fifth-grade teacher, Joanne Webb, was arrested in 2003 after selling a sex toy to an undercover police officer during a gathering of adult couples similar to a Tupperware party held at a home in a Fort Worth suburb. The charges against her were eventually dropped, but a number of sex toy companies sued in Federal court to challenge the constitutionality of the state’s ban. The judge threw out their claim, ruling that selling sex toys was not covered under the Constitution.

The plaintiffs appealed and Cruz then filed a 76-page brief calling on the US Court of Appeals for the 5th Circuit to uphold the lower court’s decision and permit the law to stand. A three-judge panel of the U.S. District Court of Appeals ruled in 2008 that the Texas law violated 14th Amendment privacy rights.

The then-Texas Attorney General Greg Abbott, now the state’s Republican governor, asked the full appeals court to review the case, but the appeal was unsuccessful. The state soon dropped the case, deciding not to appeal to the Supreme Court. It meant that the government could no longer outlaw the sale of dildos, vibrators, and other sex-related devices in Texas.

In an interview recently on New York’s WABC radio, Cruz was asked if he would ban the sale of sex toys if he became president. “Look, of course not, it’s a ridiculous question, and of course not,” Cruz responded. “What people do in their own private time with themselves is their own business and it’s none of government’s business.”

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