Friday, October 21, 2005

Better late than never...

The Kansas Supreme Court made a stand for equality last Friday.
 
The state had sentenced an 18 year old (Limon) to 17 years in prison for having "gay sex" with a 14 year old. While I certainly don't condone statutory rape, the maximum sentence for a heterosexual crime in this case is 15 months.
 
Kansas law prohibits any sexual activity involving a person under 16, regardless of the context. The 1999 "Romeo and Juliet" law specifies short prison sentences or probation for sexual activity when an offender is under 19 and the age difference between participants is less than four years — but only for opposite-sex encounters.
 
Justice Marla Luckert, writing for the high court said "Moral disapproval of a group cannot be a legitimate state interest.": Common sense a Red State ... I'm sure Justice Luckert will be labeled an 'activist'.

Unfortunately the defendant has already spent 4+ years in prison.

Limon and the other boy, identified only as M.A.R., lived at a group home for the developmentally disabled. In court, an official described M.A.R. as mildly mentally retarded and Limon as functioning at a slightly higher level but not as an 18-year-old.

No matter what your personal feeling regarding homosexuality, isn't "lady justice" supposed to be blind?

1 comment:

Ed said...

God, I just read this story on MSNBC.com the other day and it made me so mad that they actually sentenced this guy with a HUGE jail time. Please sex is sex is sex, we all do it, we all know it. Another example of the law going too far when left to the radical right.