State v. Limon, Kansas Supreme Court, October 21, 2005 [ruling that
illegal underage sex cannot be punished more harshly if it is homosexual]. Excerpt:
We conclude that K.S.A. 2004 Supp. 21-3522 , the Kansas unlawful voluntary sexual relations statute, does not pass rational basis scrutiny under the United States Constitution Equal Protection Clause or, because we traditionally apply the same analysis to our state constitution, under the Kansas Constitution Equal Protection Clause. The Romeo and Juliet statute suffers the same faults as found by the United States Supreme Court in Romer and Eisenstadt; adding the phrase "and are members of the opposite sex" created a broad, overreaching, and undifferentiated status-based classification which bears no rational relationship to legitimate State interests.
Read the full text of the opinon here. Reported in JURIST's Paper Chase here.