Justices Void Prison Term Given Gay Teenager in Kansas
By DAVID STOUT
WASHINGTON, June 27 — In one of the first consequences of its landmark ruling on gay rights on Thursday, the Supreme Court today set aside the lengthy prison sentence imposed on a gay Kansas teenager for having had sex with a younger boy. In a brief order with little elaboration, the court vacated the 17-year sentence imposed in 2000 on the defendant, Matthew Limon, and returned the case to the Kansas courts "for further consideration in light of Lawrence v. Texas." The case of Lawrence v. Texas, which was decided on Thursday and overturned an Texas antisodomy law, upheld the constitutional right of gay people to engage in sexual activity in private. The court's directive today that the Kansas courts reconsider the Limon case with Lawrence v. Texas in mind was tantamount to an instruction to set aside the prison term imposed on Mr. Limon, and perhaps to take a close look at what has been called the state's "Romeo and Juliet Law." The statute gained that nickname in some legal circles because it regards oral sex differently when it involves heterosexual teenage couples, as opposed to youths of the same sex. When one member of the couple is aged 14 to 16 and the other is older, the act is statutory rape under the Kansas law and the most common penalty is probation if the two are heterosexual. But probation is not available to same-sex teenage couples. Matthew Limon was one week past his 18th birthday in early 2000 when he performed oral sex on a 14-year-old boy at the center for developmentally disabled young people where they both lived. No violence or coercion was involved. Had Mr. Limon performed oral sex on a 14-year-old girl, he could have received a prison sentence of about 15 months, and possibly just probation. Instead, he is now about three years into a 17-year sentence in the Ellsworth Correctional Facility. Under his sentence, he was also ordered to register as a sex offender upon his release.
http://www.nytimes.com/2003/06/27/politics/27CND-SCOTUS.html?hp