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Ted Cruz Once Argued That Americans Have No ‘Due Process’ Right to Masturbate
New York Magazine Intelligencer ^ | April 14, 2016 AST | By Eric Levitz

Posted on 04/14/2016 4:49:04 PM PDT by drewh

Ted Cruz once argued that Americans have no constitutional right to bear dildos, that the government has a legitimate interest in discouraging "autonomous sex," and that allowing the sale of sex toys is the first step on the road to legal incest.

This history comes courtesy of David Corn, who went searching for skeletons in Cruz's closet and stumbled across a bunch of dildo baggage instead. On Wednesday, the Mother Jones magazine published an exposé detailing Cruz's defense of a ban on sex-toy sales while serving as the Texas solicitor general. Back in 2004, several adult-plaything providers challenged a Texas law that banned the sale and promotion of "obscene devices." At the time, only three other states had similar laws on the books. The plaintiffs founded their challenge on the Fourteenth Amendment's right to privacy, arguing, among other things, that some couples are unable to engage in intercourse without the aid of sex toys, or else require them to avoid passing along contagious diseases such as HIV. A federal judge turned the company down, it appealed, and in 2007 it fell to Cruz's legal team to keep dildos from undermining the fabric of Western civilization.

In a 76-page brief calling on the U.S. Court of Appeals for the Fifth Circuit to stand with the lower court, Cruz's office wrote that "any alleged right associated with obscene devices" is not "deeply rooted in the Nation's history and traditions." While Cruz acknowledged that, after Lawrence v. Texas overturned sodomy laws, the government could not ban the "private use of obscene devices," it could ban their sale so as to uphold "public morals." What's more, while the government can't forbid citizens from masturbating, it has a legitimate interest in "discouraging ... autonomous sex." Cruz's team went on to declare, "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."

The appeals court disagreed in a 2–1 decision, which held that the government has no business encroaching on Americans' most private of affairs. But Cruz and Texas attorney general Greg Abbott (who is now the state's governor) battled on, filing a brief requesting a hearing before the full court of appeals, claiming the three-judge panel had overstepped the precedent set by Lawrence. Cruz's office argued that the prior ruling would give all manner of deviants grounds to claim that "engaging in consensual adult incest or bigamy" must be legal as they have a right to "enhance their sexual experiences." They lost the motion and ultimately chose not to bring the matter to the Supreme Court.

Cruz has never discussed his views on dildo commerce during the 2016 campaign, and it's unlikely that many of his supporters know his history on such matters. It's difficult to gauge the effect this news will have on Cruz's standing with the electorate, as exit polls neglected to ask Republican primarygoers about their affinity for sexual devices. Regardless, the American people deserve to know whether Cruz still holds such an expansive view of the government's right to regulate public morality. There are undoubtedly no small number of patriots in this country who would tell President Cruz's jackbooted thugs, "I'll give you my dildo when you pry it from my cold, dead hands."


TOPICS: Cheese, Moose, Sister
KEYWORDS: arewestoopingthatlow; constitutionallaw; davidcorn; legalargument; liberaltrash; motherjones; yeswestoopedthatlow
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1 posted on 04/14/2016 4:49:04 PM PDT by drewh
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To: drewh

Cruz had too much time and other things in his hands if you ask me.


2 posted on 04/14/2016 4:52:03 PM PDT by A CA Guy (God Bless America, God Bless and keep safe our fighting men and women.)
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To: drewh

Words fail me as I attempt to convey how important this is to my view of the election in general and of Sen. Cruz in particular.


3 posted on 04/14/2016 4:52:43 PM PDT by Tax-chick ("The world is full of wonder, but you see it only if you look." ~NicknamedBob)
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To: drewh

You know I realize Trump is not a true conservative BUT the press has to be drooling over the prospect of repackaging the McCain, Romney, Dole, ect conservative attacks if Cruz gets it.


4 posted on 04/14/2016 4:53:22 PM PDT by ChinaGotTheGoodsOnClinton (Go Egypt on 0bama)
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To: Tax-chick

So, sex is only to procreate. Does that mean he and Heidi stopped having sex after their second child was born?


5 posted on 04/14/2016 4:53:29 PM PDT by VerySadAmerican (Never held a job in the private sector;never met a payroll,never created a job - CRUZ! Conservative!)
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To: drewh

Government has no role in that.


6 posted on 04/14/2016 4:53:36 PM PDT by wastedyears (I identify as an A-10 Warthog and am attracted to tanks. If you don't agree, you're otherkin phobic.)
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To: drewh

I’m glad he defended Texas law.


7 posted on 04/14/2016 4:53:38 PM PDT by lonestar67 (Trump is anti-conservative / Cruz 2016)
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To: Tax-chick

Didn’t he try to ban didlos? This fraud is being exposed fast lol


8 posted on 04/14/2016 4:53:38 PM PDT by ground_fog
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To: drewh

This is just a small taste of what the left will do to Cruz if he’s nominated. I think they’ve accepted that he can’t beat Trump so now they want to make sure he’s of no consequence back in the senate.


9 posted on 04/14/2016 4:54:27 PM PDT by VerySadAmerican (Never held a job in the private sector;never met a payroll,never created a job - CRUZ! Conservative!)
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To: ground_fog

Are didlos something really important for the success of the Republic? I don’t recall seeing that anywhere in my education for the last several decades.


10 posted on 04/14/2016 4:54:51 PM PDT by Tax-chick ("The world is full of wonder, but you see it only if you look." ~NicknamedBob)
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To: VerySadAmerican

I don’t know. You tell me.


11 posted on 04/14/2016 4:55:27 PM PDT by Tax-chick ("The world is full of wonder, but you see it only if you look." ~NicknamedBob)
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To: drewh

His job was to defend the law. If he hadn’t, there’d be FReepers with twisted panties because he should have.


12 posted on 04/14/2016 4:55:47 PM PDT by goodwithagun (March 3, 2016: The date FReepers justified the "goodness" of Planned Parenthood.)
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To: Tax-chick

He was unsuccessful in banning Dildos.

Katich is still running.


13 posted on 04/14/2016 4:55:58 PM PDT by KC Burke (Consider all of my posts as first drafts. (Apologies to L. Niven))
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To: KC Burke

Was there a bill regarding Didlos before the Senate? And who is Katich?


14 posted on 04/14/2016 4:56:45 PM PDT by Tax-chick ("The world is full of wonder, but you see it only if you look." ~NicknamedBob)
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To: VerySadAmerican

he better hope so...if the tabloids dont catch him first!


15 posted on 04/14/2016 4:58:50 PM PDT by drewh
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To: drewh

First Cruz is talking about rat sex, and now this. He seems to have a thing for this topic.


16 posted on 04/14/2016 4:59:17 PM PDT by Flick Lives (One should not attend even the end of the world without a good breakfast. -- Heinlein)
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To: KC Burke
He was unsuccessful in banning Dildos.
Katich is still running.

You win post of the day!

17 posted on 04/14/2016 5:01:20 PM PDT by Flick Lives (One should not attend even the end of the world without a good breakfast. -- Heinlein)
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To: drewh

David Corn and Mother Jones?


18 posted on 04/14/2016 5:01:46 PM PDT by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: A CA Guy
"Cruz had too much time and other things in his hands if you ask me."

It was his client's case, not his. He was acting as the lawyer for the state of Texas.

19 posted on 04/14/2016 5:02:35 PM PDT by mlo
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To: drewh

Teddy is Cuckoo for Cocoa Puffs


20 posted on 04/14/2016 5:03:14 PM PDT by heights
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