Equal Rights or Judicial Activism?
October 22, 2005 8:52 AM Subscribe
Kansas Supreme Court ruled on Friday that homosexuals cannot be treated differently. In what conservative homophobes decry as another instance of judicual activism, the Kansas Supreme Court unanimously struck down a state law that punished underage sex more severely if it involved homosexual acts, saying "moral disapproval" of such conduct is not enough to justify the different treatment. In the decision the court ruled: 1. K.S.A. 2004 Supp. 21-3522 violates the equal protection provisions of the Fourteenth Amendment to the United States Constitution and § 1 of the Kansas Constitution Bill of Rights. 2. The equal protection violation inherent in K.S.A. 2004 Supp. 21-3522 is cured by the severance of the words "and are members of the opposite sex" from the statute.
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