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Kansas high court rules gay underage sex can't have harsher penalty

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kweerwolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:02 PM
Original message
Kansas high court rules gay underage sex can't have harsher penalty
Kansas cannot punish illegal underage sex more harshly if it involves homosexual conduct, the state's highest court ruled Friday in a case watched by national groups on both sides of the gay rights debate.

The Supreme Court sided in a unanimous decision with convicted sex offender Matthew R. Limon. In 2000, he was sentenced to 17 years and two months in prison because, at 18, he performed a sex act on a 14-year-old boy. Had one of them been a girl, Limon could have faced only 15 months behind bars.

The high court ordered Limon to be resentenced as if the law treated illegal gay sex and illegal straight sex the same, and it struck language from the law that resulted in the different treatment.

A lower court had said the state could justify the harsher punishment as protecting children's traditional development, fighting disease or strengthening traditional values.

http://www.washblade.com/thelatest/thelatest.cfm?blog_id=3078

Finally! A little bit of sanity injected into this sad case. There's little doubt that Kansas Attorney General Phil ("Gimme your abortion records!") Kline will appeal this ruling to the Supreme Court though.
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MuseRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:08 PM
Response to Original message
1. See, we are not all crazy
here in Kansas! Phill Kline is crazy. I'm sure you are correct, he will most likely appeal this. Thanks, I had just checked my paper for news and did not see this.

:hi: neighbor!
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:11 PM
Response to Reply #1
3. oh, i believe you are not all crazy-but your state does have some loons
that make for sensational news coverage.
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kweerwolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:13 PM
Response to Reply #1
4. Howdy, MuseRider!
I just found another wire story about this on Yahoo.

According to it:

Attorney General Phill Kline's office has described Limon as a predator, noting that he already has two similar offenses on his criminal record. Kline contended that such a behavior pattern warranted a tough sentence and that courts should leave sentencing policy to the Legislature.

His office had no immediate comment on the ruling.

http://news.yahoo.com/s/ap/20051021/ap_on_re_us/sodomy_case

It will be interesting to see what Kline does with this ... especially in light of the Supreme Court's sodomy ruling. Knowing Kline, he'll no doubt try to appeal the case based on the "sexual predator" angle.

Sheesh! Could Phil Kline be a bigger scumbag? :grr:
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MuseRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:17 PM
Response to Reply #4
7. We have a history,
a long like of Attorney Generals who act this way. I don't suppose that is terribly uncommon but sheesh, this is just odd.

I did not know or do not remember reading about previous offenses. The gay angle should have nothing to do with this at all. IF he is an offender then those laws should cover it. He is twisting things up but then he is pretty good at finding emotional, divisive angles to almost anything.
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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:11 PM
Response to Original message
2. FIghting disease...?
(snip)
A lower court had said the state could justify the harsher punishment as protecting children's traditional development, fighting disease or strengthening traditional values.(snip)

That judge needs to take a biology class.
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MuseRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:14 PM
Response to Reply #2
5. They will say and use
anything. This is a common theme around here with the anti gay groups. They always use this. :crazy:
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kweerwolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:15 PM
Response to Reply #5
6. No doubt they back up their "claims"
with a bunch of discredited Paul Cameron "research."
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MuseRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:19 PM
Response to Reply #6
8. MmmHmm
they do they do. I am not good at remembering numbers, wish I was because I could refute anything they bring up easily. It is so obvious if you just step back and look at what they are doing but so rarely do people do that.
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kweerwolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:28 PM
Response to Reply #8
9. There's a whole bunch of links on Cameron's "research"
on Queer Resources Directory. I've found it's very good for refuting these psuedo-"scientific" arguments the fundies use on LGBT issues.

Here's the link for whenever you want to do some enlightening research:
http://www.qrd.org/qrd/www/RRR/cameron.html

Have a great day, MuseRider! I'm off to get ready for the Fairness Summit that's going to be here this weekend. :hi:
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MuseRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:42 PM
Response to Reply #9
12. Thank you!
Enjoy the Summit. Go listen to Diane Silver if you can. She was on the steering committee with me and is now also on the transitional board. I wish I knew her better, she is really good.
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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 05:48 PM
Response to Reply #5
13. I even stumbled across a website discussing the HUGE health dangers of
engaging in lesbian, um, acts.



:rofl:
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shenmue Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:37 PM
Response to Original message
10. Good
It's a fair decision.

:thumbsup:
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kevinbgoode Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 12:38 PM
Response to Original message
11. Kline sounds like a wingnut who should be committed himself. . .
. . .what a sack of garbage that man spewed over this case. I still cannot believe that the people of Kansas are so stupid that they would elect people like this. . .and those crazed intelligent design fundies to their state school board.

And wasn't it the Right who keeps saying that gays have ALL the same rights as any other American? Why yes. . . oops. . .except when they claim that we should be punished more for being gay. It's more than hypocritical - people should have awakened a long time ago to the fact that these wackos are more a threat to this country than any group of gay activists ever dreamed to be. . .
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MuseRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 06:53 PM
Response to Reply #11
14. Kline is nuts.
You should have seen the guy that would have been governor! I am surprised that Kline took the time off from snooping around womens health clinics.

As far as the school board, we are never told what these people who are running believe in. Seriously, I spent many weeks researching and trying to get some indication who these people were and how they felt about these issues. For some reason that information was nowhere nor could I care it up anywhere in the state. I ended up voting for the person who did not mention church or Sunday school as an important part of their life. That is no way to have to vote.
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