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Gay Teen
Matthew Limon
Denied
Freedom
by
365Gay.com November 3, 2005
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Topeka, Kansas -- Matthew
Limon's bid for freedom was denied Thursday despite a ruling by the Kansas
Supreme Court.
Limon was convicted in 2000 of having sex at age 18 with a 14-year-old boy when
both were residents of a Paola group home for the developmentally disabled.
Limon was sentenced to more than 17 years in prison for violating the state's
anti-sodomy law, having two similar offenses on his juvenile record.
If the other teen had been a female Limon would have been charged the lesser
offense of unlawful sexual relations, for which his maximum sentence would have
been one year and three months in prison.
In a unanimous decision last month the state Supreme Court overturned a lower
court ruling that had said the state could justify the harsher punishment as
protecting children's traditional development, fighting disease or strengthening
traditional values.
The Supreme Court justices discounted arguments from Kansas Attorney General
Phill Kline who said that the state's sodomy law must be maintained to stop gay
marriage, incest, and sex with children.
Kline accused the ACLU which represents Limon, of attempting to undermine the
morality of Kansas citizens.
He said the ACLU's position was that all people, no matter their sexual
orientation, were protected from discrimination. Kline said that would
lead to the legalization of same-sex marriage -- as well as marriages with
multiple partners, incestuous marriages and bestiality.
In its ruling the high court ordered Limon to be resentenced as if the law
treated illegal gay sex and illegal straight sex the same, and it struck
language from the law that resulted in the different treatment.
At a late afternoon hearing on Thursday Miami County District Judge Richard
Smith rejected a bid from Limon's lawyer for his immediate release.
Smith ordered Limon held in custody until November 26 so that prosecutors could
decide whether to lay new charges or go to the US Supreme Court.
County Attorney David Miller said it was up to Kansas Attorney General Phill
Kline whether to appeal the case to the U.S. Supreme Court.
"The state's position is he's guilty of the crime he was convicted of," Miller
said.
Kline's spokesman, Whitney Watson, said no decision on an appeal has been made.
Watson said Kline has 30 days from the time of the Kansas Supreme Court's ruling
to file an appeal.
Limon's lawyer, Byron Cerillo, called the state's position outrageous.
Cerillo said Limon had already served far longer than he should have.
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