Supreme Court and Texas are Queer for Lovers
John Calvin Jones
It is now official, at least until some activist judges change their minds. Now hear this: dildos in Texas may have a primary purpose of stimulating an anus, but not a vagina! Once again, the leaders of Texas have gone out of their way to favor immoral behavior, even homosexual activity over those who follow God’s laws.
Here are the details. A heterosexual couple of undercover officers went to Trixx Adult Bookstore in El Paso in 2003. According to court records, the female inquired about the abilities of a “crystal cock vibrator.”[1] Like any good salesman, the clerk told the prospective vibratee that the device could gratify her and give her an orgasm. Apparently the actions by the clerk violated the Texas Penal Code § 43.23(c)(1), he promoted an obscene device.[2]
You probably think that the whole episode sounds outrageous. Why waste time to fine someone for selling a vibrator – after all, El Paso is rife with drug gangs, kidnappings and more serious crime. At least one judge agreed and threw out the charge, but for the wrong reason. The judge claimed that the law violated a person’s right of sexual privacy – he should have found that the law violated one’s liberty. Needless to say, the judge’s ruling was overturned.[3]
In 2005, a Texas appellate court declared that one’s right to sexual privacy is not fundamental – actually the U.S. Supreme Court said the opposite, see Lawrence and Gardner v. Texas[1] – and thus concluded that the State can restrict the sale and promotion of devices that are “designed or marketed for use primarily for the stimulation of human genital organs” because such is rationally related to “protect the social interest or order, morality, and decency.”[4]
Now you should be laughing. Just how does a law that fines organ stimulators protect social order, morality and decency? After all, since 2000, Texas allows homosexuals to marry – so long as one of the homosexual partners has had a sex change operation.[5]
John Calvin Jones
It is now official, at least until some activist judges change their minds. Now hear this: dildos in Texas may have a primary purpose of stimulating an anus, but not a vagina! Once again, the leaders of Texas have gone out of their way to favor immoral behavior, even homosexual activity over those who follow God’s laws.
Here are the details. A heterosexual couple of undercover officers went to Trixx Adult Bookstore in El Paso in 2003. According to court records, the female inquired about the abilities of a “crystal cock vibrator.”[1] Like any good salesman, the clerk told the prospective vibratee that the device could gratify her and give her an orgasm. Apparently the actions by the clerk violated the Texas Penal Code § 43.23(c)(1), he promoted an obscene device.[2]
You probably think that the whole episode sounds outrageous. Why waste time to fine someone for selling a vibrator – after all, El Paso is rife with drug gangs, kidnappings and more serious crime. At least one judge agreed and threw out the charge, but for the wrong reason. The judge claimed that the law violated a person’s right of sexual privacy – he should have found that the law violated one’s liberty. Needless to say, the judge’s ruling was overturned.[3]
In 2005, a Texas appellate court declared that one’s right to sexual privacy is not fundamental – actually the U.S. Supreme Court said the opposite, see Lawrence and Gardner v. Texas[1] – and thus concluded that the State can restrict the sale and promotion of devices that are “designed or marketed for use primarily for the stimulation of human genital organs” because such is rationally related to “protect the social interest or order, morality, and decency.”[4]
Now you should be laughing. Just how does a law that fines organ stimulators protect social order, morality and decency? After all, since 2000, Texas allows homosexuals to marry – so long as one of the homosexual partners has had a sex change operation.[5]
