A federal appeals court has ruled that is will remain legal to sell and/or promote sex toys in the state of Texas.

Attorney General Greg Abbott was seeking to have a ban on sex toys reinstated in the Lone Star State, but the Fifth U.S. Circuit Court of Appeals upheld a 2004 ruling that the law against selling or promoting sex devices was unconstitutional and violated Texas citizen’s right to privacy. The 2004 overturning of the ban came about when a number of outlets that sold sex devices, along with adult entertainment company and product distributor Adam & Eve sued in federal court in Austin, challenging the constitutionality of the law.

Abbott stated that the case may have to be decided by the U.S Supreme Court. However, as of this time the state has not decided whether or not to pursue the matter further.