It falls to the state legislature, who is obviously suffering massive boredom to think up laws like this. As long as these are sold to adults over 18. No one cares. As was said, Abbott and Cruz were duty bound to represent the legislature to the feds, but, what a waste of time. As a Trump supporter I am going to get a kick out of some of the comments about Cruz’s arguments that were presented.
Correct, it was old law still found in a couple of other states that was left on the books. In this case, it had been selectively enforced.
Their argument referenced Lawrence v. Texas. That is a case that I am very familiar having written a lengthy argument upholding the State’s right to enforce that law. And at the very least, the State has an obligation not promote activity that is detrimental to it’s citizen’s health and well being.