A federal appeals court turned down Attorney General Greg Abbott's attempt to reinstate a ban on the sale and marketing of sex toys Friday, upholding its previous ruling that the prohibition violated Texans' right to privacy.
The 5th U.S. Circuit Court of Appeals in February had struck down the Texas law, which made it illegal to sell or promote obscene devices.
The attorney general sought a rehearing on the matter, decided by a panel of judges. The state argued that the full court should have a chance to rule, but the court turned down the request and said any appeal would have to be decided by the U.S. Supreme Court.
Abbott spokesman Tom Kelley said the state hasn't decided yet if it will appeal the ruling.