Lawrence 'Fallout'

Well, the FRC is up in arms that Lawrence is being used to try and overturn a prison conviction.

Now, a young man in Kansas is asking a court there to determine whether his prison sentence - for sodomizing a disabled 14 year-old boy - is unconstitutional under Lawrence.

The Kansas case is certainly a stretch: the convict claims that he is being discriminated against because of a consensual, homosexual act. In fact, he was convicted because he forced a mentally disabled minor to have sex with him.

That certainly seems horrific - and it's hard to imagine that anyone in their right mind would support overturning the sentence. Of course, the facts as presented by the FRC are twisted like a pretzel. First of all, they keep focusing on the fact that the boy is disabled - and he is. Of course, they failed to mention that so is the accused.

There also was no 'forced'. Both the 18 year and the 14 year old agreed it was consensual. Yes, there is some question as to whether either could give 'consent', but certainly 'forced' doesn't come into it.

Throw in the dreaded 'sodomy' word, which is technically correct, but misleading (it was consensual oral sex), and you have a horrible crime which never occurred.

The real crux of the problem with this case, is that if the victim had been several weeks older, and female, the sentence would have been about 15 months. Instead of what was decided, which was 17 years.

Read more here and here.