But the nub of their argument came in one line: “There is no substantive due-process right to stimulate one’s genitals for non-medical purposes unrelated to procreation or outside of an interpersonal relationship.”
That’s not quite the same as the headline:
Ted Cruz’s doomed war on sex toys and masturbation
The State Attorney General is there to uphold whatever State law (or, law in that State, not quite the same thing) might be in the courts.
In 2004, according to Mother Jones, stores in Austin that sold sex toys challenged a law that banned the sale of adult devices. Offenders faced up to two years in prison.
Things had come to a head a year earlier, when a Texas mother was arrested during a party where she acted as sales rep for Passion Parties, selling vibrators and other goods.
The challenge failed when the state court decided that the constitution did not protect vendors of sex toys.
And however stupid the law was it was one that was valid at that time, even if later over turned.
Fun story and idiot law but oleaginous as Cruz is, still not quite a “Gotcha”