An old story around Senator Ted Cruz’s disapproval of masturbation using sex toys or similar “obscene devices” has been trending since Wednesday.

According to an article published in Mother Jones, the Texas senator submitted a 76-page brief in 2007 as Texas solicitor general against the use of sex toys.

“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,” Cruz and his team wrote in the court document, as quoted by the New York Post.

At that time, Texas was amongst many other US states that put a ban on the same and promotion of sex toys. Two companies which owned stores or online retailers that sold such devices challenged the law in court.

Initially, the case was rejected by a judge but the retailers re-appealed. The Texas Attorney General and his team which included Cruz argued that there was no right to masturbation using such devices. They also said that the ban was to protect public morals, the Sydney Morning Herald reported.

However, it was pointed out in the brief that the law did not prevent anyone from using the devices and was only limited to the sale and marketing of such devices. Hence, the law did not put any fundamental right at stake. Cruz’s team contended that advertising such devices tantamounts to upholding prostitution.

Despite the arguments put forward in the lengthy briefings, the US Appeal Court favoured the retailers.

“It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of consensual private intimate contact,” the judge noted. “Whatever one might think or believe about the use of these devices, government interference with their personal and private use violates the constitution.”

The team filed another appeal but the case had to be dropped when a full hearing of their motion was rejected.