United States Fifth Circuit

In an action challenging the constitutionality of a Texas statute making it a crime to promote or sell sexual devices, a judgment upholding the statute's constitutionality and granting the state's motion to dismiss is reversed where the statute impermissibly burdens individuals' substantive due process right to engage in private intimate conduct of his or her choosing.

Appellate Information

• Decided 02/12/2008
• Published 02/13/2008

Judges

• REAVLEY, Circuit Judge:, Before REAVLEY, BARKSDALE and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• H. Louis Sirkin (argued), Jennifer Marie Kinsley, Sirkin, Pinales & Schwartz, LLP, Cincinnati, OH, for Plaintiff-Appellant., Elaine Agnes Casas, Jennifer Kraber, Austin, TX, for Earle., Bill L. Davis (argued), Austin, TX, for State of Texas.