circuit split on sex toys

Well, the 5th Circuit (Texas) has just said that Texas’s anti-sex-toy-law (memorably mocked by Molly Ivins in this video, available at youtube via pandagon) is unconstitutional, relying heavily on Lawrence (or so I hear, via pharyngula); I haven’t read the case yet).

This looks like a pretty clear Circuit split with the 11th Circuit (Georgia, Alabama, etc.), which only a couple of years ago found a similar Alabama law to not violate the Constitution (PDF, Williams v. Atty General of Alabama, 11th Cir. (2004)); the Supreme Court denied cert on that one. (See Michael C. Dorf discussion at FindLaw for an overview that discusses this case with respect to the various standards in Constitutional Law.)

I really wish that we could have a penumbra of no stupid laws.