As solicitor general, Cruz’s office had argued in a case that using sex toys was akin to ‘hiring a prostitute’ and masturbation was not covered by the right to privacy, the guardian reported in 2016
in 2007, when he was solicitor general of the state of Texas, Cruz’s team argued that there was no right “to stimulate one’s genitals.” in an effort to maintain Texas’s ban on the sale of sex toys.
Cruz’s legal team was working on behalf of the then-Attorney General Greg Abbott (who now is the governor), filed a 76-page brief calling on the US Court of Appeals for the 5th Circuit to uphold the lower court’s decision and permit the law to stand. The filing noted, “The Texas Penal Code prohibits the advertisement and sale of dildos, artificial vaginas, and other obscene devices” but does not “forbid the private use of such devices.” Under the law, a person who violated the statute could go to jail for up to two years At the time.
In a 2-1 decision issued in February 2008, the court of appeals told Cruz’s office to take a hike.