I think the law is silly, but I am inclined to agree that the State of Texas probably is within it’s enumerated powers to pass and enforce such a silly law:
The Supreme Court refused Monday to consider whether a Texas law making it a crime to promote sex toys shaped like sexual organs is unconstitutional.
An adult bookstore employee in El Paso, Texas, sued the state after his arrest for showing two undercover officers a device shaped like a penis and telling the female officer the device would arouse and gratify her.
The employee, Ignacio Sergio Acosta, says a Texas law outlawing the manufacture, marketing or dissemination of an “obscene device” including those shaped like sex organs is unconstitutional because it prevents individuals from using such devices, violating their right to sexual privacy.
I would be inclined to ridicule every man involved in this from the legislators that voted for it, the police enforcing the law, to the prosecutors presenting the case. It would go something like this, “So, are you afraid your wife won’t be interested in you anymore once she gets one of these? Perhaps you should get some lessons on how to be a better lover rather than trying to prevent her from getting a little satisfaction.”