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KS Court Strikes Down Law That Discriminates Against Gay Defendants

By TChris, Section Court Decisions
Posted on Fri Oct 21, 2005 at 01:16:45 PM EST
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by TChris

The Kansas Supreme Court today struck down a provision in state law that imposed a harsher sentence on sexual contact with minors of the same sex than it imposed on sexual contact with minors of the opposite sex. The state's "Romeo and Juliet" law would have allowed a maximum sentence of 15 months to be imposed on an 18 year old man who had a sexual encounter with a consenting 14 year old girl. That limitation did not apply to an 18 year old man who has a sexual encounter with a consenting 14 year old boy.

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 will be soon be released, having served 4 years of a sentence that should not have exceeded 15 months.

"We are very happy that Matthew will soon be getting out of prison. We are sorry there is no way to make up for the extra four years he spent in prison simply because he is gay," said Limon's attorney James Esseks, of the American Civil Liberties Union's Gay and Lesbian Rights Project.

The court's opinion is here.

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    KS Court Strikes Down Law That Discriminates Against Gay Defendants | 9 comments (9 topical)
    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#1)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:05:15 PM EST
    "Moral disapproval of a group cannot be a legitimate state interest," said Justice Marla Luckert, writing for the high court.
    Congratulations to judge Luckert. This has been the bone of contention for Borkists and other conservative extremists. They continue to insist that morality is a legitimate state interest. I'm glad a judge--in Kansas, no less--had the courage to state the obvious: the state cannot legitimately make determinations of morality.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:15 PM EST
    She didn't write that morality wasn't a legitimate state interest. She stated, "Moral disapproval of a group cannot be a legitimate state interest." I definitely agree with that.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#3)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:05:15 PM EST
    Perhaps I'm not getting the distinction. Wouldn't "moral disapproval of a group" amount to a state enforcement of morality?

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#4)
    by roy on Sat Dec 17, 2005 at 01:05:15 PM EST
    Although I like the change, it seems fishy to me that the court basically made a new law by removing a phrase instead of striking down the whole thing. I'd rather see the parity established by the legislature. Do conservatives finally have a real case of "judicial activism" to complain about? And isn't the newly-abridged law still based upon "moral disaproval of a group", namely people older than a certain age? To be consistent, the court would have to nullify the whole bit about being close in age.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#5)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:05:15 PM EST
    And isn't the newly-abridged law still based upon "moral disaproval of a group", namely people older than a certain age?
    I don't think so, roy. The abridged law isn't based on moral diapproval of 18-year-olds. The law doesn't say it's bad to be 18. It limits the penalties for sex between adults and children. However, the wording of the law specifically includes only sexual contact between members of opposite sexes. The judge ruled that this limit constitutes moral disapproval of homosexuals.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#6)
    by Sailor on Sat Dec 17, 2005 at 01:05:15 PM EST
    I think judges frequently strike down a portion of a law when they find that portion is unconstitutional. I agree with roy on 1 point, the law definitely is aimed at a group. But the difference is that you can say all murderers go to jail, but you can't say all hispanic murderers go to jail longer.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:15 PM EST
    Posted by Quaker: "Wouldn't "moral disapproval of a group" amount to a state enforcement of morality?" As I read it, it's a matter of discrimination, not of the morality of the action in itself. The persistent rightwing MYTH is that we get whatever rights the government decides we get. No, we have our rights innately, and SOME don't want government to accept that. Meanwhile, morality out the window. Rights as taxable grants from government-by-crony. Profits off any scale of social justice. And bluenose posturers who are themselves doubled over with the weight of their corruption. Bush's non-Christian rejection of compassion for Cindy Sheehan: "I need to get on with my life" is actually "I've got to get on with trying to escape from suffering guilt for my deeply-immoral acts." Sure he's religious, just as long as it doesn't come between him and his bottle. That also reminds me of the former Colin Powell, and his "I take Ambien! We all do! Don't you???" statement on the Asia trip. GOT to have something to kill the pain of KILLING.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#8)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:15 PM EST
    This is really amazing. We just finished reading the Kansas appellate court decision in my Crim Law class. I immediately sent the link about this class to my professor this morning. We really are learning the law as it happens. I have never heard people laugh so hard in a law school classroom as when we covered the language in the lower court ruling.

    Re: KS Court Strikes Down Law That Discriminates A (none / 0) (#9)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:16 PM EST
    The lower court's decision - and those of similar ilk - SHOULD be required reading in law school AND college. It needs to be screamed from the highest rooftops. THIS is the level of jurisprudence that exists today AND IT IS GETTING WORSE! ANY law student having had a course on con law and con crim pro could've blown these windbags outta the water. They should hang their heads in shame.

    KS Court Strikes Down Law That Discriminates Against Gay Defendants | 9 comments (9 topical)