Saturday, January 31, 2004
Kansas and Sodomy
While sex with underage children isn't exactly vice--sodomy is--and as this report is linked to sodomy...The AP reports that in one of the first non-marriage cases to interpret the Supreme Court's Lawrence v. Texas ruling (which found sodomy statutes unconstitutional), a Kansas court of appeals ruled that the state can punish illegal sex with children more harshly when it involves homosexual acts. The case involves an 18 year old man convicted of sodomy (and sentenced to more than 17 years) for having sex with a 14 year old boy. Had the 14 year old been a girl, "Romeo and Juliet" laws could have kicked in and the 18 year old could have faced at most 1 year and a few months.
At issue in the case is not whether individuals have a right to engage in sodomy with children--but whether the state should be able to distinguish between homosexual and heterosexual acts--an issue that Justice O'Connor speaks to in her concurrence in Lawrence.