Archive for Tuesday, January 31, 2012

Kansas group to ask senators to repeal sodomy law

January 31, 2012, 10:25 a.m. Updated January 31, 2012, 12:22 p.m.

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— A gay-rights group wants Kansas legislators to repeal an unenforced law that makes sex between consenting adults of the same gender a crime.

The Kansas Equality Coalition is seeking the repeal from the Senate Judiciary Committee, which is considering a bill making other technical changes to state criminal statutes.

A hearing on the bill scheduled for Tuesday was delayed until Wednesday because of committee discussion on unrelated matters.

In 2003, the U.S. Supreme Court ruled state laws criminalizing gay sex between consenting adults are unconstitutional. The Kansas coalition has been trying since then to get legislators to repeal the Kansas sodomy law.

The group has asked Gov. Sam Brownback's administration to repeal the law as part of an effort to eliminate unnecessary laws, but the administration has declined.

Comments

oletimer 3 years, 3 months ago

I know I am going to light up a firestorm, but why do they say this is unnecessary? Hmmmm The Bible reads a man and a woman. Nuff said.

ebyrdstarr 3 years, 3 months ago

Since the Bible is not the supreme law of this country, no, that's not 'nuff said. The Constitution controls and almost a decade ago, the US Supreme Court held that laws outlawing sex between consenting adults behind closed doors are unconstitutional. So if we respect our country and our Constitution, we really shouldn't keep blatantly illegal laws on our books.

ebyrdstarr 3 years, 3 months ago

I would use the word "sex" as a general term to encompass all genital contact for the purpose of sexual gratification. (I am using the terminology from criminal statutes, so I trust nothing about this would be deemed in violation of the terms of service.)

The 2003 US Supreme Court case was specifically dealing with sodomy, but was written in such a way as to cover all adult, private, consensual sexual activity.

ivalueamerica 3 years, 3 months ago

you must be a satirical poster because no one could be that thick in real life.

Pastor_Bedtime 3 years, 3 months ago

Since when did your "Bible" hold dominion over anyone but those who subject themselves to its authority? Your flying spaghetti monster isn't America. Your radical fundamentalism is un-American.

Pastor_Bedtime 3 years, 3 months ago

And isn't it funny how many Christians have a problem with adultery? Mind your own flock first, bucko.

Jeremiah Jefferson 3 years, 3 months ago

I say leave the law the way it is. Our politicians have better things to worry about...

ebyrdstarr 3 years, 3 months ago

Making sure our statutes comport with the US Constitution seems like a pretty good use of our legislature's time. Keep in mind if some cop or prosecutor decided s/he could arrest or charge someone under this law, that could get very expensive for the state. As long as it remains on the books, it could happen. People still get arrested under flag desecration statutes, even though those were declared unconstitutional over 20 years ago. And the local authorities wind up paying out to those who were wrongly arrested.

Crazy_Larry 3 years, 3 months ago

Like naming Toto as our new state dog? Please. Repealing this law is a 'no brainer' and will take less time than naming the new state dog.

Alceste 3 years, 3 months ago

Kansas has a "legislature"? Get out of here.....you're joshin', right?

Crazy_Larry 3 years, 3 months ago

I hope we all can agree that naming Toto as our new state dog is most certainly not a waste of time.

gudpoynt 3 years, 3 months ago

Well, the governor has seen fit to organize a special effort for which the sole purpose is to repeal useless and unnecessary laws.

Those requesting the repeal of the sodomy law did not initiate this action.

esteshawk 3 years, 3 months ago

Repealing a law requires a simple one page document, where the work to make it harder to vote requires substantial financial commitments.

esteshawk 3 years, 3 months ago

Repealing an unenforceable law is in no way the same as creating an unecessary law. The "illegals voting" issue is ridiculous. The amount of voter fraud is so low that any law regarding it is a waste of resources, kind of lie keeping unenforceble laws on bthe books.

Armstrong 3 years, 3 months ago

I think Fred Phelps could get behind this cause

yourworstnightmare 3 years, 3 months ago

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somedude20 3 years, 3 months ago

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Fred Whitehead Jr. 3 years, 3 months ago

The governer and nis minions are grandstanding for the bible belt loons that elected him. See the above article on how he has fallen from grace and needs a good religious fraud to bouy his sinking acceptability to the bible thumpers. Most of these people think that the federal government has no dominion over their curious notions of their religious fantasy.

ivalueamerica 3 years, 3 months ago

you fail and fail on a grand scale as to what America is about.

We have very carefully built a society where simple majority can not actually over-ride the inalienable rights of others.

To not understand how important that is to our form of democracy shows a failure on grand scale.

Armstrong 3 years, 3 months ago

you fail to realize how far removed from mainstream culture you really are. Again get over it you're in the minority

ivalueamerica 3 years, 3 months ago

I am quite sure that 51% of society believes you are a failure.

Jean Robart 3 years, 3 months ago

right iv. This is, I think, coming close to revealing the tyranny of the minority

dabbindan 3 years, 3 months ago

repealing this law if a perfect fit for the advertised role of the great "repealer".

unless you think your religious beliefs trump the u.s.constitution.

gudpoynt 3 years, 3 months ago

I don't understand Republican legislator's resistance to this.

The idea is to repeal useless and unnecessary laws. This qualifies without a doubt. Regardless of how you feel about homosexuality, the "law" is not being enforced. It hasn't been for a long time. Not to mention it's pretty much guaranteed to be declared unconstitutional if it ever IS enforced.

By keeping the law on the books, all you are doing is leaving the door open for some bigoted, gay hating law enforcement official to make a huge mistake, and once again throw ks into a humiliating national spotlight.

Add the sodomy law to the list of other useless, unnecessary, and unenforced laws to be taken off the books. At best, you'll gain a little cred with moderates. At worst, you'll only piss off the most bigoted of your constituency.

jafs 3 years, 3 months ago

According to some information posted, this law is already unconstitutional.

somedude20 3 years, 3 months ago

OTS question of the day, what will be legal first, pot or sodomy?

Linda Endicott 3 years, 3 months ago

Uh...sodomy is already legal...the Supreme Court said so...

somedude20 3 years, 3 months ago

not in the state my man, not in the state

jafs 3 years, 3 months ago

You do understand that if the US Supreme Court ruled that any laws banning sodomy are unconstitutional, that applies to state laws in KS?

Therefore, since any state laws banning it are unconstitutional, it can't be illegal here.

oldbaldguy 3 years, 3 months ago

The main point is this, statutes that are unenforceable detract from what is called the "law." If for no other reason, the statute should be repealed. Does not matter whether you are for or against someone's sex life.

Jean Robart 3 years, 3 months ago

I am quite certain that this law is not the only one that is not being enforced--and there are likely more than the aforementioned fifty-one that are not being enforced.

ebyrdstarr 3 years, 3 months ago

To the best of my knowledge, though, it's the only one that is unconstitutional. As has been said several times above, I think we all should have a strong interest in making sure our state laws comport with the Constitution.

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