This morning the U.S. Supreme Court refused to consider the constitutionality of a Texas law that makes it a crime to promote sex toys shaped like sexual organs, the AP reported.

Ignacio Sergio Acostam, who works in a store in El Paso, Texas, sued the state after his arrest for showing two undercover officers such a device. Acosta contended the law against the manufacture, marketing or dissemination of an "obscene device" is unconstitutional because it prevents individuals from using such devices. He said that violates their right to sexual privacy.

The El Paso County court agreed with Acosta, dismissing the case, but the State appealed and a higher court reinstated the case, saying the law didn't infringe on private sexual behavior.

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