Cruz wanted to ban dildos: ‘No right to stimulate the genitals’
Ted Cruz took this stand when he was Texas solicitor general in a case involving the legality of selling sex toys.
Cruz’s legal team asserted that “obscene devices do not implicate any liberty interest.” And its brief added that “any alleged right associated with obscene devices” is not “deeply rooted in the Nation’s history and traditions.” In other words, Texans were free to use sex toys at home, but they did not have the right to buy them.
The brief insisted that Texas in order to protect “public morals” had “police-power interests” in “discouraging prurient interests in sexual gratification, combating the commercial sale of sex, and protecting minors.” There was a “government” interest, it maintained, in “discouraging…autonomous sex.” The brief compared the use of sex toys with “hiring a willing prostitute or engaging in consensual bigamy,” and it equated advertising these products with the commercial promotion of prostitution. In perhaps the most noticeable line of the brief, Cruz’s office declared, “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 is, the pursuit of such happiness had no constitutional standing. And the brief argued there was no “right to promote dildos, vibrators, and other obscene devices.” The plaintiffs, it noted, were “free to engage in unfetterednoncommercial speech touting the uses of obscene devices” but not speech designed to generate the sale of these items.
In a 2-1 decision issued in February 2008, the court of appeals told Cruz’s office to take a hike.