Gay Sex Still Illegal in Kansas

<a href="http://www.flickr.com/photos/shankbone/5136575839/sizes/m/in/photostream/">david_shankbone</a>/Flickr

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


On Friday, Kansas Governor Sam Brownback released a long list of state statutes that he thinks are outdated and should be tossed out. He even issued an executive order last year to create a new position, the Office of the Repealer, to come up with that list. But his final product did not include the repeal of the state’s anti-sodomy law.

Despite the fact that the Supreme Court ruled that anti-sodomy laws were unconstitutional in 2003, Kansas has kept its own law on the books. Kansas Statute 21-3505 lists “criminal sodomy”–that which occurs “between persons who are 16 or more years of age and members of the same sex or between a person and an animal”–as a misdemeanor. Straight sodomy is a-OK.

Even though the state sodomy law is pretty much moot in terms of enforcement, it still has an impact on the lives of gays in the state, as the New York Times reports:

The decision, despite public and private lobbying, has angered gay leaders here. “We were pretty much the first in line with our request to have this unconstitutional ban on gay and lesbian relations repealed,” said Thomas Witt, chairman of the Kansas Equality Coalition.

“This isn’t just some archaic law that’s sitting on the books and isn’t bothering anyone,” Mr. Witt continued. “It’s used as justification to harass and discriminate against people, and it needs to go.”

And in case you’re wondering what other states continue to consider sodomy illegal, Tim Murphy created this handy map.

Fact:

In-depth journalism that investigates the powerful takes real money and is so damn important right now.But it doesn’t take a Mother Jones investigation to know that billionaires and corporations will never fund the type of reporting (like they do politicians) we do that exists to help bring about change. Instead, our mission-driven journalism is made possible by people power, and has been for 46 years now since our founding as a non-profit.

In “TITLE TK” Monica Bauerlein writes about the perilous moment we’re in, and why it’s so important that we raise $325,000 by the time November’s midterms are decided so we can be ready to throw everything we have at the big issues facing the nation no matter what happens. Please help MoJo’s people-powered journalism with a donation today.

$400,000 to go!

payment methods

Fact:

In-depth journalism that investigates the powerful takes real money and is so damn important right now.But it doesn’t take a Mother Jones investigation to know that billionaires and corporations will never fund the type of reporting (like they do politicians) we do that exists to help bring about change. Instead, our mission-driven journalism is made possible by people power, and has been for 46 years now since our founding as a non-profit.

In “TITLE TK” Monica Bauerlein writes about the perilous moment we’re in, and why it’s so important that we raise $325,000 by the time November’s midterms are decided so we can be ready to throw everything we have at the big issues facing the nation no matter what happens. Please help MoJo’s people-powered journalism with a donation today.

$400,000 to go!

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate