Limon v. Kansas
Encyclopedia
State v. Limon is a Kansas Supreme Court
case in which a state law allowing for lesser punishment for statutory rape
convictions if the partners were of different sexes than if they were of the same sex was found unconstitutional under both the federal and Kansas state constitutions. It is the first case to cite the United States Supreme Court
decision Lawrence v. Texas
as precedent.
are less severe if the incident involves two teenagers. The Kansas statute specifically excluded same-sex sexual conduct. Because of this exclusion, Limon was charged under K.S.A. § 21-3505(a)(2) with criminal sodomy.
Limon's attorneys filed a pretrial motion
to dismiss the charges, arguing that K.S.A. § 21-3522 was a violation of the Equal Protection Clause
of the Fourteenth Amendment to the United States Constitution
, discriminating on the basis of sex and sexual orientation. The motion was denied and Limon was convicted of criminal sodomy. He was sentenced to 17 years and two months in prison. Had the sexual encounter been between a male and female, the maximum sentence would have been 15 months. Limon was also required to register
as a sex offender
and to submit to five years of supervision upon release.
, which affirmed his conviction citing Bowers v. Hardwick
, 478 U.S. 186 (1986), a United States Supreme Court case which upheld sodomy laws
as constitutional. His appeal to the Kansas Supreme Court
was also denied and Limon appealed to the United States Supreme Court in 2002.
On June 26, 2003, the Supreme Court issued its opinion in Lawrence v. Texas
, 539 U.S. 558 (2003) a constitutional challenge to the sodomy law of Texas. The Court explicitly overruled Bowers. On June 27, in light of its decision in Lawrence, the Court vacated
the Kansas Supreme Court's decision upholding Limon's conviction and sentence and remanded the case for further consideration. The Kansas Court of Appeals again upheld the conviction and sentence in January 2004. The Kansas Supreme Court ruled on October 21, 2005, that the "Romeo and Juliet" statute violated the Equal Protection Clauses of both the United States Constitution
and the Kansas constitution
and struck the words "and are members of the opposite sex" from K.S.A. § 21-3522. Limon was released from prison on November 3, 2005.
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Lawton Nuss, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals...
case in which a state law allowing for lesser punishment for statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
convictions if the partners were of different sexes than if they were of the same sex was found unconstitutional under both the federal and Kansas state constitutions. It is the first case to cite the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
as precedent.
Background
In February 2000, a week after his 18th birthday, Kansas resident Matthew R Limon engaged in a consensual act of oral sex with a 14 year-old boy. The difference in ages between the boys at the time of the act was three years, one month and a number of days. Under the state's Romeo and Juliet law (K.S.A. § 21-3522), the penalties for statutory rapeStatutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
are less severe if the incident involves two teenagers. The Kansas statute specifically excluded same-sex sexual conduct. Because of this exclusion, Limon was charged under K.S.A. § 21-3505(a)(2) with criminal sodomy.
Limon's attorneys filed a pretrial motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
to dismiss the charges, arguing that K.S.A. § 21-3522 was a violation of the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, discriminating on the basis of sex and sexual orientation. The motion was denied and Limon was convicted of criminal sodomy. He was sentenced to 17 years and two months in prison. Had the sexual encounter been between a male and female, the maximum sentence would have been 15 months. Limon was also required to register
Sex offender registration
Sex offender registration is a system in various states designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions , information in the registry is made available to the...
as a sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
and to submit to five years of supervision upon release.
Appeals
Limon appealed his case to the Kansas Court of AppealsKansas Court of Appeals
The Kansas Court of Appeals is the intermediate-level appellate court for the U.S. state of Kansas.-History:The Kansas Legislature crated the first Kansas Court of Appeals in 1895, to help the Kansas Supreme Court with an increasingly heavy caseload. The original statute that created the court...
, which affirmed his conviction citing Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
, 478 U.S. 186 (1986), a United States Supreme Court case which upheld sodomy laws
Sodomy laws in the United States
Sodomy laws in the United States, which outlawed a variety of sexual acts, were historically universal. While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes as well,...
as constitutional. His appeal to the Kansas Supreme Court
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Lawton Nuss, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals...
was also denied and Limon appealed to the United States Supreme Court in 2002.
On June 26, 2003, the Supreme Court issued its opinion in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
, 539 U.S. 558 (2003) a constitutional challenge to the sodomy law of Texas. The Court explicitly overruled Bowers. On June 27, in light of its decision in Lawrence, the Court vacated
Vacated judgment
A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court....
the Kansas Supreme Court's decision upholding Limon's conviction and sentence and remanded the case for further consideration. The Kansas Court of Appeals again upheld the conviction and sentence in January 2004. The Kansas Supreme Court ruled on October 21, 2005, that the "Romeo and Juliet" statute violated the Equal Protection Clauses of both the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and the Kansas constitution
Wyandotte Constitution
The present Constitution of the State of Kansas was originally known as the Wyandotte Constitution to distinguish it from three proposed constitutions that preceded it...
and struck the words "and are members of the opposite sex" from K.S.A. § 21-3522. Limon was released from prison on November 3, 2005.