Kansas Overturns Anti-Gay Statutory Rape Law
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The Kansas Supreme Court has unanimously ruled that the state's statutory rape law, which had a so-called "Romeo & Juliet" exception for youth-to-youth heterosexual intercourse but not for homosexual intercourse, is an unconstitutional equal protection violation that punishes someone simply for being gay.
The case in question concerned Matthew Limon, who at 18 engaged in oral sex with a 14-year old boy. He was sentenced to 17 years in prison. Had it been a 14-year old girl, the sentence would have been 15 months. For details and analysis, see my previous post.
Anyone even vaguely familiar with the facts or the holding of Lawrence v. Texas, 539 U.S. 558 (2003), knew immediately that such a differential is now indisputably unconstitutitional. Indeed, the U.S. Supreme Court had originally overturned Limon's sentence and expressly ordered the lower Kansas courts to reconsider the case "in light of Lawrence." The lower appeals court's response was to uphold the sentence, responding with the insolent assertion that "Lawrence does not apply."
The Kansas Supreme Court, having somewhat more respect for the U.S. Supreme Court, has now gotten it exactly right.
Matthew Limon spent four extra years in prison for being gay. He will soon be free.
Remind me again how it's all "too much, too soon"?
The case is State v. Matthew R. Limon, No. 85,898 (Kansas, 2005).
More thoughts at Ex-Gay Watch, SCOTUSblog.
The case in question concerned Matthew Limon, who at 18 engaged in oral sex with a 14-year old boy. He was sentenced to 17 years in prison. Had it been a 14-year old girl, the sentence would have been 15 months. For details and analysis, see my previous post.
Anyone even vaguely familiar with the facts or the holding of Lawrence v. Texas, 539 U.S. 558 (2003), knew immediately that such a differential is now indisputably unconstitutitional. Indeed, the U.S. Supreme Court had originally overturned Limon's sentence and expressly ordered the lower Kansas courts to reconsider the case "in light of Lawrence." The lower appeals court's response was to uphold the sentence, responding with the insolent assertion that "Lawrence does not apply."
The Kansas Supreme Court, having somewhat more respect for the U.S. Supreme Court, has now gotten it exactly right.
Matthew Limon spent four extra years in prison for being gay. He will soon be free.
Remind me again how it's all "too much, too soon"?
The case is State v. Matthew R. Limon, No. 85,898 (Kansas, 2005).
More thoughts at Ex-Gay Watch, SCOTUSblog.
Related Posts (on one page):
- Kansas Overturns Anti-Gay Statutory Rape Law
- What's the Matter with (Statutory Rape in) Kansas?
Posted by KipEsquire on
21 October 2005
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