Kansas says stricter sentence
is justified
High court hears case of teen given 17 years for sex act
The Associated Press
The state can punish illegal underage sex more harshly when it involves homosexual acts, even if the only goal is promoting traditional sexual roles, an official told the Kansas Supreme Court on Tuesday.
Deputy Attorney General Jared Maag said legislators have such broad latitude in setting policy that "any conceivable, rational basis" would justify the different treatment.
Maag argued in favor of upholding a sentence of more than 17 years in prison for Matthew R. Limon, convicted of criminal sodomy for having sex at age 18 with a 14-year-old boy in 2000.
Had the victim been a girl, Limon could have been sentenced to one year and three months in prison under a 1999 law. His attorneys argued the different treatment represents discrimination against gays and lesbians -- and is unconstitutional.
But Maag said the different treatment is acceptable if legislators can argue there is a rational reason -- protecting public health, protecting children or promoting traditional values.
http://cjonline.com/stories/090104/loc_teensex.shtml