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” and a sympathetic note from William Thro, then the solicitor general of Virginia.“Having had the experience of answering questions about oral sex from a female State Supreme Court Justice who is also a grandmother,” Thro wrote Cruz, “you have my sympathy.But after it had been shot down, they pressed ahead, relying on the same puritanical and excessive arguments to justify government intrusion.Abbott and Cruz quickly filed a brief asking the full court of appeals to hear the case, claiming the three-judge panel had extended the scope of too far.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 plaintiffs appealed, and Cruz’s solicitor general office had the task of preserving the law.Imagine how his political career might have been affected had Cruz become the public face for the anti-dildos movement.A Texas teen killed his girlfriend's parents when he was thirteen.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 unfettered The brief by Cruz’s office compared the use of sex toys to “hiring a willing prostitute or engaging in consensual bigamy,” and it equated advertising these products with the commercial promotion of prostitution.pointed to the “right to be free from governmental intrusion regarding ‘the most private human contact, sexual behavior.'” The panel added, “An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right.” It rejected the argument from Cruz’s team that the government had a legitimate role to play in “discouraging prurient interests in autonomous sex and the pursuit of sexual gratification unrelated to procreation.” No, government officials could not claim as part of their job duties the obligation to reduce masturbation or nonprocreative sexual activity.

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And the two judges in the majority slapped aside the solicitor general’s attempt to link dildos to prostitution: “The sale of a device that an individual may choose to use during intimate conduct with a partner in the home is not the ‘sale of sex’ (prostitution).” Summing up, the judges declared, “The case is not about public sex. It is about controlling what people do in the privacy of their own homes because the State is morally opposed to a certain type of consensual private intimate conduct.

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