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Thorn is offline Thorn
Warlord
Asheville, NC
May 1999
time: 00:30
  Old Post 09-09-2003 04:28 Visit Thorn's homepage!
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Granted I would have brought it up, but I've been banned for the last 3-4 months.

This has been going on for months now. The District Attorney in Kansas was originally going to push for life imprisonment for this poor kid. It is outrageous!


quote:

Lesbian & Gay Rights : Criminal Justice & Sodomy Laws

ACLU Asks Kansas Court to Overturn 17-Year Prison Sentence of Bisexual Teenager


August 11, 2003

FOR IMMEDIATE RELEASE

TOPEKA, KS - Arguing that excluding gay teenagers from the Kansas "Romeo and Juliet" law is unconstitutional after the recent Supreme Court decision striking down sodomy laws, the American Civil Liberties Union today asked a state appeals court to free a bisexual teenager who is serving 17 years in prison for having oral sex with another young man.

Matthew Limon is appealing a 17-year prison sentence he received because shortly after he turned 18 he performed consensual oral sex on another teenager at a residential school for developmentally disabled youth where they both lived in Miami County, Kansas. If he had instead performed oral sex on a female of the same age, he would have received no more than 15 months in jail under the Kansas law. But because the "Romeo and Juliet" law applies only to heterosexuals, Limon was convicted under the much harsher state sodomy law.

"The Supreme Court clearly felt, as we do, that a great injustice has been done to Matthew Limon," said **** Kurtenbach, Executive Director of the ACLU of Kansas and Western Missouri. "Laws that punish lesbian, gay, and bisexual people far more harshly than heterosexuals for the same thing are simply discriminatory and wrong, and we hope that the Court of Appeals will agree."

Limon is serving 17 years in prison, instead of the 13 to 15 months he would have faced if he were heterosexual. The Kansas law makes sexual relations with a minor a lesser crime if both people are teens, but it only applies to opposite-sex relations. In June, the U.S. Supreme Court vacated Limon’s conviction and instructed the Kansas Court of Appeals to give it further consideration in light of the historic ruling on sexual intimacy in Lawrence v. Texas. The "Romeo and Juliet" law is similar to the Texas sodomy law because it treats the sexual conduct of lesbian and gay people differently.

"The Kansas court justified Matthew’s conviction on the basis that the Supreme Court had upheld anti-gay sodomy laws in its 1986 Bowers v. Hardwick ruling," said Tamara Lange, Limon’s attorney from the ACLU’s Lesbian and Gay Rights Project. "Now that Bowers has been overturned, the Kansas Court of Appeals should recognize that this young man should not spend more time in prison just because he’s bisexual."

Under the Kansas law, consensual oral sex between two teens is a lesser crime if the younger teenager is 14 to 16 years old, if the older teenager is under 19, if the age difference is less than four years, if there are no third parties involved, and if the two teenagers "are members of the opposite sex."

Following the Lawrence decision, many anti-gay laws could face similar legal challenges. The ACLU has developed "Get Busy, Get Equal," a public education campaign designed to help lesbian, gay, bisexual and transgender (LGBT) people take advantage of the historic Supreme Court ruling to push for equality. To support the campaign, the ACLU has launched a new website, http://www.aclu.org/getequal, that provides tools for fighting anti-gay discrimination, making schools safer for LGBT youth, and getting equality for LGBT relationships.

Asher is offline Asher
King
Calgary, Alberta
Nov 1999
time: 22:30
  Old Post 09-09-2003 04:29 Visit Asher's homepage!
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Don't they realize he's going to get more sodomy in prison than out.

H Tower is offline H Tower
Emperor

Jul 2001
time: 23:30
  Old Post 09-09-2003 04:30
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I could swear we talked about the Romeo and Juliet law of Kansas in the begining of summer...

chegitz guevara is offline chegitz guevara
King
Ft. Lauderdale, FL Communist Party of Apolyton
Jun 2000
time: 00:30
  Old Post 09-09-2003 04:31 Visit chegitz guevara's homepage!
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At a home for the developmentally disabled And they sentenced him to 17 years?

SlowwHand is offline SlowwHand
King
of The Cooler
Sep 1999
time: 23:30
  Old Post 09-09-2003 04:31 Visit SlowwHand's homepage!
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I'd be awed if a Gay issue wasn't before the forum.

Boris Godunov is offline Boris Godunov
King
Portland, OR
Aug 2001
time: 00:30
  Old Post 09-09-2003 04:36
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We did discuss this a while back. Yes, it was and is an absolute outrage. Fortunately, the recent SCOTUS decision pretty much nullifies his sentence, so hopefully he will get it overturned as soon as possible.

Sometimes I have a hard time seeing the difference between Islamic fundamentalist cultures and certain parts of the U.S....

Thorn is offline Thorn
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Asheville, NC
May 1999
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  Old Post 09-09-2003 04:42 Visit Thorn's homepage!
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quote:
SCOTUS decision pretty much nullifies his sentence


Not really, as this falls under the category of statutory rape laws.

Elok is offline Elok
Prince
Land of Ramen Dragons
Mar 2003
time: 00:30
  Old Post 09-09-2003 04:44
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A gay-related issue...so who here has kids with homosexual in-laws?







Yeah, I crack me up.

Thorn is offline Thorn
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May 1999
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  Old Post 09-09-2003 04:48 Visit Thorn's homepage!
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Actually the sad thing about this is that the Kansas Appeals Court and the Kansas Supreme Court can refuse to hear this case, in which case it will have to go before the Supreme Court. By that time the Kind has already served many years. Though it would clarify once and for all whether sexual equality is required by law.

Boris Godunov is offline Boris Godunov
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Aug 2001
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  Old Post 09-09-2003 04:49
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quote:
Originally posted by Thorn


Not really, as this falls under the category of statutory rape laws.


Under which he can only get up to 15 months, not 17 years, because he wasn't convicted of statutory rape the first time, but sodomy. It was for sodomy that he got the sentence. That law is now null and void.

SpencerH is offline SpencerH
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Feb 2002
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  Old Post 09-09-2003 05:22
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quote:
Originally posted by Boris Godunov
It was for sodomy that he got the sentence. That law is now null and void.


It will depend on how the law is written. If it applies strictly to homosexual acts then you may be correct, but if it applies to everyone (in its legal language) then you may be wrong.

Boris Godunov is offline Boris Godunov
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Aug 2001
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  Old Post 09-09-2003 05:26
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quote:
Originally posted by SpencerH


It will depend on how the law is written. If it applies strictly to homosexual acts then you may be correct, but if it applies to everyone (in its legal language) then you may be wrong.


AFAIK, the SCOTUS ruling explicitely stated that private sexual conduct was not within the realm of legislative perview, so sodomy laws in general, not just ones targeting gays, were invalid.

st_swithin is offline st_swithin
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Nov 2002
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  Old Post 09-09-2003 07:00
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So where exactly do we draw the line on what is considered 'private sexual conduct'?

I've seen plenty of movies where a straight couple is in a juicy liplock in the middle of Times Square or MSG, and no-one complains, no matter WHO the actors are.

Why are people so offended if two people of the same sex do exactly the same thing in exactly the same place at (well, roughly) the same time?

Sometimes it seems as though people who share their private lives to the extent that their conduct can be "proven" in a court of law are merely crying out for some much-needed attention. Ben Affleck and Jho, for example, who obviously subscribe to the belief that no press is bad press.

They're lucky I haven't made it a personal crusade to destroy their pathetic lives. I've got bigger fish to fry.

Alexander's Horse is offline Alexander's Horse
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Panmunjon, hands up!
Jan 1970
time: 15:30
  Old Post 09-09-2003 07:15 Visit Alexander's Horse's homepage!
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edited in response to Ming warning

Last edited by Alexander's Horse on 09-09-2003 at 08:36

Ben Kenobi is offline Ben Kenobi
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Oct 2002
time: 21:30
  Old Post 09-09-2003 08:23
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quote:

That law is now null and void.


Retroactively?

Alexander's Horse is offline Alexander's Horse
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  Old Post 09-09-2003 08:27 Visit Alexander's Horse's homepage!
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edited in response to Ming warning

Last edited by Alexander's Horse on 09-09-2003 at 08:37

Ming is offline Ming
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Jan 1970
time: 23:30
  Old Post 09-09-2003 08:29 Visit Ming<br><img src=/forums/images/staff-icon.gif>'s homepage!
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AH... you are about to get restricted for spamming/trolling...

Ben Kenobi is offline Ben Kenobi
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Oct 2002
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  Old Post 09-09-2003 08:33
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About time...

I never got a DL dance when I first posted OT.

Alexander's Horse is offline Alexander's Horse
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Panmunjon, hands up!
Jan 1970
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  Old Post 09-09-2003 08:38 Visit Alexander's Horse's homepage!
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quote:
Originally posted by Ming
AH... you are about to get restricted for spamming/trolling...


okay, I cleaned it up. Thanks for the warning

Ming is offline Ming
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  Old Post 09-09-2003 08:39 Visit Ming<br><img src=/forums/images/staff-icon.gif>'s homepage!
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Thank you...

MrFun is offline MrFun
King
of Iowa
Nov 2000
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  Old Post 09-09-2003 10:19 Visit MrFun's homepage!
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This guy had sex in a public place??

Oerdin is offline Oerdin
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Sep 2001
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  Old Post 09-09-2003 11:17
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The sentence seems harsh but performing homosexual sex acts in public with a minor in a juristiction known to be anti-gay is not the act of a smart person.

Alexander's Horse is offline Alexander's Horse
Deity
Panmunjon, hands up!
Jan 1970
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  Old Post 09-09-2003 12:27 Visit Alexander's Horse's homepage!
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imagine if it was your son.

mindseye is offline mindseye
King
A Yankee living in Shanghai
Apr 1999
time: 13:30
  Old Post 09-09-2003 14:42
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quote:
Originally posted by Oerdin
The sentence seems harsh but performing homosexual sex acts in public with a minor in a juristiction known to be anti-gay is not the act of a smart person.

He was in a school for the developmentally disabled for heaven's sake!

MikeH is offline MikeH
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Ming on rakastajani
May 1999
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  Old Post 09-09-2003 14:47 Visit MikeH's homepage!
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DanielXY is offline DanielXY
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Dec 2002
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  Old Post 09-09-2003 15:12
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You can get 15 month prison for having sex as a minor???

"Yeah, lets protect those poor little teens from the horrors of consentual sex, and let them be raped in prison...."

Scary stuff...

MikeH is offline MikeH
Emperor
Ming on rakastajani
May 1999
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  Old Post 09-09-2003 15:27 Visit MikeH's homepage!
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Yeah, that is very scary but it is America.

Drake Tungsten is offline Drake Tungsten
Prince
Knee deep in alien womyn...
Oct 2001
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  Old Post 09-09-2003 15:47
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quote:
You can get 15 month prison for having sex as a minor???


You don't get 15 months in prison for having sex as a minor. You get 15 months in prison for having sex with a minor. They don't call it "jail bait" for nothing.

Thorn is offline Thorn
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Asheville, NC
May 1999
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  Old Post 09-09-2003 19:11 Visit Thorn's homepage!
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quote:
Originally posted by Boris Godunov


Under which he can only get up to 15 months, not 17 years, because he wasn't convicted of statutory rape the first time, but sodomy. It was for sodomy that he got the sentence. That law is now null and void.


Actually the Sodomy laws (that are now void) for Kansas constitute life in prison, so his 17 years is for statutory rape.

Cruddy is offline Cruddy
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Mar 2003
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Hmm... an illogicial decision, but...

It will keep the prison population happier. Maybe that is the the desired outcome of all this legislation - keeping the cons in line.

It's not as if there have been any historical gay rights riots.

In other words, "The meek shall inherit the earth"...

Or, "If you're quiet and nice, you get buried".

 
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