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STATE v. LIMON

No. 85,898.

32 Kan.App. 2d 369 (2004)

83 P.3d 229

STATE OF KANSAS, Appellee, v. MATTHEW R. LIMON, Appellant.

Court of Appeals of Kansas.

Opinion filed January 30, 2004.

Attorney(s) appearing for the Case

Tamara Lange, of American Civil Liberties Union Foundation, Lesbian & Gay Rights Project, of San Francisco, California, James D. Esseks, of American Civil Liberties Union Foundation, Lesbian & Gay Rights Project, of New York, New York, and Paige A. Nichols, of Lawrence, for appellant.

Jared S. Maag, assistant attorney general, and Phill Kline, attorney general, for appellee.

Jeffrey E. Goering, of Thompson Stout & Goering, LLC, of Wichita, and Matthew D. Staver, of Liberty Counsel, of Longwood, Florida, for amicus curiae Kansas Legislators.

Timothy M. O'Brien and Chelsi K. Hayden, of Shook, Hardy & Bacon, L.L.F., of Overland Park, and Julie M. Carpenter and Nicole G. Berner, of Jenner & Block, LLC, of Washington, D.C., for amicus curiae DKT Liberty Project.

Before PIERRON, P.J., GREEN and MALONE, JJ.

GREEN, J.:

Matthew R. Limon was convicted of criminal sodomy, a severity level 3 person felony, in violation of K.S.A. 21-3505(a)(2). He was sentenced to 206 months' imprisonment and 60 months' supervised release. Limon argued that K.S.A. 2002 Supp. 21-3522(a)(2) was unconstitutional because it impermissibly discriminated between heterosexual and homosexual sodomy. Limon maintained that the classification limiting the...

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