To: aristeides
It is constitutionally require under the equal protection clause. That isn't even a substantive due process issue; I think the Limon decision would've been the same even without Lawrence, since only O'Connor hinged Lawrence on the equal protection argument.
To: cherrycapital
When the Supreme Court vacates a court judgment and refers to one of its own decisions as explanation, it is referring to the opinion of the Court, not to a concurrence in the judgment like O'Connor's in Lawrence. The majority in Lawrence expressly declined to decide the case on equal protection grounds.
To: cherrycapital
I just wish there was some intellectual honesty here. If people believe that an 18 year old who has sex with a 14 year old boy should be punished more harshly than a 18 year old who has sex with a 14 year old girl, they should just be upfront and say it.
In Kansas up until this week, you got 204 months in jail for the former, 15 months for the latter. 13.6 times the amount of jail time. I see this an inequitable. I can see others justify it by stating that homosexuality is a more grave evil and the sentencing disparity is just. However, it still doesn't address the equal protection problem.
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