Sodomy ruling may spark call for court upheaval / LJWorld.com

Archive for Tuesday, October 25, 2005

By John Hanna - Associated Press Writer

October 25, 2005

Topeka — A recent Kansas Supreme Court ruling invalidating a sex offender's long sentence for sodomy could strengthen some legislators' resolve to change how the justices are selected or rein in the judiciary's power.

The court's unanimous decision Friday said the state could not punish illegal sex more harshly if it involves homosexual acts rather than heterosexual conduct. The justices also struck down language in the law that led to a sentence of more than 17 years in prison for Matthew R. Limon.

Limon was convicted of performing a sex act on a 14-year-old boy in 2000, when Limon was 18 and already had two prior offenses on his criminal record. Had Limon or the other boy been a girl, Limon could have faced a maximum sentence of 15 months. National groups on both sides of the issue were watching the case.

Some Republican legislators already were upset with the court for a decision in December striking down the state's capital punishment law and rulings this year that forced legislators to increase spending on public schools.

"You have the court substituting its moral judgment for the moral judgment of the people, as expressed through the legislative body," said Rep. Lance Kinzer, R-Olathe, an attorney. "I think it's making a bold statement about judicial power."

While he expected such a response, Bill Rich, a Washburn University law professor, said it's misguided. He said the decision in Limon's case is in keeping with a U.S. Supreme Court decision two years ago, striking down a Texas law that criminalized gay sex.

"This was not an out-of-the ordinary decision by the Kansas Supreme Court," Rich said. "It's very consistent with standard separation of powers doctrines."

But even before Friday's ruling, some legislators sought changes.

Twenty-eight of the Senate's 40 members are sponsoring a proposed constitutional amendment to require Senate confirmation of Supreme Court appointees. And Rep. Lynne Oharah, R-Uniontown, has proposed nonpartisan elections.

Currently, a nonpartisan commission screens applications for the Supreme Court and picks three finalists, but the governor makes the appointment.

"The impression that a growing number of people in Kansas have is that the court is attempting to legislate from the bench," said House Speaker Doug Mays, R-Topeka. "At the very least, we need to enact Senate confirmation, and I think we need to take a good hard look at the way our judges and justices are nominated."

During a special session this summer - called because of a Supreme Court ruling demanding additional funds for public schools - Mays and other GOP legislators failed to win adoption of constitutional changes designed to rein in the courts.

Sen. Phil Journey, R-Haysville, an attorney, said in terms of responding to the Limon decision, "No clear answer comes to mind."

House Judiciary Chairman Mike O'Neal said the latest decision is frustrating because it doesn't seem consistent with the court's refusal in December to tinker with the capital punishment law rather than strike it down.

"All we ask is, tell us what the rules are, and we'll play by those rules," said O'Neal, R-Hutchinson. "The court here seems to be changing those rules on a case-by-case basis."

The court said that state law showed "animus" toward teenagers engaging in homosexual sex, adding, "Moral disapproval of a group cannot be a legitimate state interest."

But Journey defended different treatment of illegal gay and straight sex, saying a homosexual relationship will damage a victim more because of how society views such conduct.

Kinzer said: "The Legislature has to make moral distinctions between groups of people based on their conduct. That's what lawmaking is all about."

Discussion

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25 October 2005
at 6:01 a.m.

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merrill (Anonymous) says…

Legislators need to quit being judges….they cannot manage the states finances and many seem to support discrimination. Mays is not the source for my guidance.

Rep. Mays is running for governor so let's observe how he interprets campaign finance laws.
25 October 2005
at 6:45 a.m.

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johngalt (Anonymous) says…

Judges need to quit being legislators.
25 October 2005
at 7:28 a.m.

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coldandhot (Anonymous) says…

The judicial system needs to be reigned in.
25 October 2005
at 8:26 a.m.

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just_another_bozo_on_this_bus (Anonymous) says…

Petty, narrow-minded, penny-wise, pound-foolish state legislators need to be reigned in.
25 October 2005
at 9:28 a.m.

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John1945 (Anonymous) says…

This comment was removed by the site staff for violation of the usage agreement.
25 October 2005
at 9:42 a.m.

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just_another_bozo_on_this_bus (Anonymous) says…

I just hope that as BushCo continues to self-destruct, fewer people will be as susceptible to hysteria as John1945 is.
25 October 2005
at 10:05 a.m.

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John1945 (Anonymous) says…

This comment was removed by the site staff for violation of the usage agreement.

25 October 2005
at 10:37 a.m.

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John1945 (Anonymous) says…

I guess we can't criticize the legal profession either. Yet another debate truncated to only one side. Nothing like chilling the discussion with vague censorship.
25 October 2005
at 1:23 p.m.

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editor (Site editor) says…

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