aTypical Joe: a gay New Yorker living in the rural South

Saturday, October 22, 2005

Sanity in Kansas

The court said “the moral disapproval of a group cannot be a legitimate state interest:”

Matthew R. Limon had just turned 18 when he had consensual oral sex with a boy just shy of 15 at a Kansas school in 2000. He was convicted of criminal sodomy and sentenced to 17 years in prison. Had the sex been heterosexual, the maximum penalty would have been 15 months.

Yesterday, the Kansas Supreme Court ruled that the starkly different penalties violated the federal Constitution’s equal protection clause. It said the state’s “Romeo and Juliet” statute, which limits the punishment that can be imposed on older teenagers who have sex with younger ones, but only if they are of the opposite sex, must also apply to teenagers who engage in homosexual sex.