State v. Limon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Lawrence does not create any fundamental right nor does it declare homosexuals a suspect class and thus equal protection chai- lenge to law that classifies based on homosexual conduct must be evaluated under the rational-basis test
• noting that Kansas courts “traditionally apply the same [equal protection clause] analysis to [the Kansas] state constitution” as the Fourteenth Amendment
• noting that the federal fundamental right to equal protection under the law can be limited legislatively under certain circumstances
• noting multi-step process, first of which is deciding whether legislation actually creates discriminatory classification before deciding whether the classification impermissibly infringes constitutional rights
• discussing State v. Marsh, 278 Kan 520, 102 P.3d 445 (2004), rev'd 548 U.S. 163, 126. S. Ct. 2516, 165 L. Ed. 2d 429 [2006]
• striking offending language from statute that violated equal protection by permitting the State to punish sodomy between adults and children of the opposite sex less severely than sodomy between adults and children of the same sex

Source: CourtListener parenthetical corpus (CC0).