In one chapter of his campaign book, A Time for Truth, Sen. Ted Cruz proudly chronicles his days as a Texas solicitor general, a post he held from 2003 to 2008. Bolstering his conservative cred, the Republican presidential candidate notes that during his stint as the state's chief lawyer, in front of the Supreme Court and federal and state appellate courts he defended the inclusion of "under God" in the "Pledge of Allegiance," the display of the Ten Commandments on the grounds of the state Capitol, a congressional redistricting plan that assisted Republicans, a restrictive voter identification law, and a ban on late-term abortions. He also described cases in which he championed gun rights and defended the conviction of a Mexican citizen who raped and murdered two teenage girls in a case challenged by the World Court. Yet one case he does not mention is the time he helped defend a law criminalizing the sale of dildos.
The case was actually an important battle concerning privacy and free-speech rights. In 2004, companies that owned Austin stores selling sex toys and a retail distributor of such products challenged a Texas law outlawing the sale and promotion of supposedly obscene devices. Under the law, a person who violated the statute could go to jail for up to two years. At the time, only three states -- Mississippi, Alabama, and Virginia -- had similar laws. (The previous year, a Texas mother who was a sales rep for Passion Parties was arrested by two undercover cops for selling vibrators and other sex-related goods at a gathering akin to a Tupperware party for sex toys. No doubt, this had worried businesses peddling such wares.) The plaintiffs in the sex device case contended the state law violated the right to privacy under the 14th Amendment. They argued that many people in Texas used sexual devices as an aspect of their sexual experiences. They claimed that in some instances one partner in a couple might be physically unable to engage in intercourse or have a contagious disease (such as HIV), and that in these cases such devices could allow a couple to engage in safe sex.
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