Court Rules Kansas Can't Single Out Gay Sex

[jefferson_dem]

Court Rules Kan. Can't Single Out Gay Sex
By JOHN HANNA, Associated Press Writer

Friday, October 21, 2005

Kansas cannot punish illegal underage sex more severely if it involves homosexual conduct, the state's highest court ruled unanimously Friday in a case watched by national groups on both sides of the gay rights debate.

The Supreme Court said in a unanimous ruling that a law that specified such harsher treatment and led to a 17-year prison sentence for an 18-year-old defendant "suggests animus toward teenagers who engage in homosexual sex."

"Moral disapproval of a group cannot be a legitimate state interest," said Justice Marla Luckert, writing for the high court.

The defendant, Matthew R. Limon, has been behind bars since he was convicted in 2000 of performing a sex act on a 14-year-old boy. Had one of them been a girl, the state's "Romeo and Juliet" law would have dictated a maximum sentence of 15 months.

<SNIP>

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/10/21/national/a095804D10.DTL

[rodeodance]

1. "Moral disapproval of a group cannot be a legitimate state interest,"

umm... I would love to see this for all topics that the Right disapproves of.

[alkaline9]

2. I hope this is a sign of change in this country!! nt

[karlrschneider]

3. Now if they can just run the damned creationists off

:eyes:

[Scout1071]

9. Trust me. We are working on it.

Sadly, there is an urban bubble on the Eastern edge of the state where the bulk of the population lives. By and large this is a moderate section with solid blue pockets. It's the fundies that live "out West" that give us such a bad name. We don't have much influence in small town politics - but they still get representation in such places as the school board. Believe me, most of the school board members are as appalled as anyone on this board.

As a native Kansas, from and living in the urban/suburban area, I get so angry at the Kansas misconceptions. Then I have to remind myself that 90% of the State is rural. I'm as out of touch with them as anyone else in the country.

[karlrschneider]

20. Believe me, I understand...I'm just next door south. Same situation.

:eyes:

[arwalden]

4. Color Me Shocked!

[Zynx]

5. There's no way that law could stand. It is discrimination pure and simple.

Thank goodness that the Supreme Court of Kansas saw it that way too.

[Scout1071]

6. For once, my beloved home state does the right thing.

Good job Judge Luckert.

[northzax]

7. damn judicial activism

once again, using the consitution as a tool to bludgeon all of us into having to accept other human beings. bastards.

[DaveColorado]

8. Fundies

Fundies believe that applying the 14th amendment to all constitutes "judicial activism."

[ChairmanAgnostic]

19. how dare they? I mean, on this flat earth, where is justice if

judges go off doing things like providing equal protection and the like?

Have they no shame?

[Mabus]

10. The pendulum continues to swing

actually it was decided on equity in the law and is a correct decision. See, we're not all backward here.

[Rowdyboy]

11. It's WAAAY past time for this kid to get out of jail-hell, he never should

have done time in the first place. Absolutely reprehensible that he spent 5 years in prison for consensual sex.

Hope this thread makes it to the Greatest Page-it deserves to. Thanks for posting it!

[skipos]

23. Consensual sex

Remember it was an 18 year old and a 14 year old. At some ages (or age difference), consensual sex has to be considered illegal, but I am not saying it should have harsh minimum sentences. If you think 18 and 14 is ok, what about 13 and 19, or 12 and 20? I am not picking a fight, just sayin'.

[Rowdyboy]

28. I probably responded too quickly.....

When I was 15 I had a mad, insatiable crush on a 20 year old guy. If I'd ever have the chance, he could have done time in prison because of me.

These kids were of below average intelligence. They had no families to reach out to for love. Teenagers, boys, with the normal hormones, in an institutional setting who had sex. I don't know the details, but it could have been no more than mutual masturbation, which a large percentage of teenage boys engage in.

I'm not saying it was right, but I think the punishment was drastically out of line with the crime.

[Xithras]

30. No, sending him to prison was the correct thing, it's the sentence.

He was an adult and he had sex with a 14 year old. Even in states with laws to protect consensual sex, there's usually a minimum age limit of 15 or a span limit of two or three years. This is proper, and keeps older teens from taking advantage of younger ones.

Legally, an adult having sex with a 14 year old is no different than an adult having sex with a 4 year old. Boy-girl, boy-boy, or girl-girl shouldn't be relevant. All this judge did was to clarify that point.

I'm a bisexual male. If I walked in and caught my 14 year old son having sex with another 14-16 year old boy, I'd probably be one of the most understanding parent's you've ever met. If I walked in and caught him having sex with an adult, on the other hand, that adult would be lucky to make it out of my house alive, and I'd see to it that he was prosecuted to the fullest extent of the law.

Of course, my son is still young enough that "kissing is yucky", so I don't need to worry about any of this for a while yet :)

[Rowdyboy]

32. I spoke quickly, on impulse......I was moved by the fact that both boys

were uncared for, in an institutional setting, alone and unloved. I can't say I would have behaved differently, though I'm thankful I never had to live that particular nightmare The one imprisoned was only just past his 18th birthday when the "molestation" occurred, by the way, and has probably been abused hideously over the last five years and now faces a life bearing the title "sexual predator". He'll be forever treated as a criminal pervert child molester because of being a horny teenager with a 14 year old best friend for one night.

Its just a tragic story all the way around. I have no personal experience. I lost my virginity at 19, and I never had sex with anyone under 18 afterward, but I can understand-under the circumstances-how it happened. These kids suffered a loneliness that would leave anyone desperate for human affection.

It doesn't excuse the actions of the 18 year old, but I have real difficulties with this young man going to prison for five years. Thats insanity.

[Whoa_Nelly]

12. What a dichotomy! Kansas-State of ID and non-discrimination laws re: gays

eom

[Behind the Aegis]

13. AWESOME!!

What wonderful news!!! I must say, though, I am a little surprised. I just figured it would end up at the SCOTUS.

[karlrschneider]

21. SCOTUS declined to accept it, sent it back to KS.

...

[tomg]

14. That is really great news, and maybe

the beginning of some changes.

[ThumperDumper]

15. This just goes to show...

What their TRUE intentions are. "Protect the sanctity of marriage" my foot!

I'm blogging about it, but it won't be done 'til later this evening.

.

[ThumperDumper]

29. It's up now. n/t

[Scooter24]

16. FINALLY!!

Thank god. I've been wondering about this case for the longest time.

:woohoo:

[Scooter24]

17. Link to their unanimous ruling

http://www.kscourts.org/kscases/supct/2005/20051021/85898.htm

[proud2BlibKansan]

18. So will they let this kid

out of jail now?

[Endangered Specie]

22. Frankly, BOTH crimes should be at the higher level of punishment

raise the heterosexual underage sex punishment to that of the homosexual one.

[mondo joe]

24. For two teens engaged in sexual activity?

For goodness sakes.

[Doremus]

25. You're talking about a senior and freshman in high school.

You want the senior to GO TO JAIL for consensual sex with the freshman? :wow:

Better start building some jails ...

[Xithras]

31. Umm....YES.

There are responsibilities that go along with being sexually active, and part of that is choosing partners who are socially and developmentally your peers.

[geniph]

26. Not when neither is legally an adult

I do believe harsher penalties are in order if one is an "adult" in the eyes of the law and the other is below the age of consent...but when both are essentially children, I think the harm to either party is considerably less than when an adult has sex with a child.

[xchrom]

27. step 1 -- good.

but who will pay for the wrong done to the kid while in jail.

and before this degenerates -- i'm talking about the harm re: being placed there in the first place.

i had to add that -- shoulda said it in the first place.