Well, as I've stated previously, Kansas is perfectly permitted to argue accordingly & send the case on up to the 10th Circuit Court of Appeals. I have not
personally taken any firm position with respect to how the SCOTUS would eventually rule if
Limon ends up once again in its lap.
With my back against the wall, then I'd have to say that the Equal Protection rationale advanced in O'Connor's concurrence to Lawrence (which Kennedy pointedly left unresolved for future consideration as necessary) will prove controlling in the judgment of the Court.
Ya, but minors are involved here. That is a big difference, at least in my mind, vis a vis the Texas law which involved adult behavior.