In February 2000, a week after his eighteenth birthday, Kansas resident Matthew R. Limon engaged in a voluntary act of oral sex with a 14-year-old boy.
§ 21-3522 was a violation of the Equal Protection Clause of the Fourteenth Amendment because it discriminated on the basis of sex and sexual orientation.
Limon was also required to register as a sex offender and to submit to five years of supervision upon release.
[4] Limon appealed his case to the Kansas Court of Appeals, which affirmed his conviction citing Bowers v. Hardwick, 478 U.S. 186 (1986), a United States Supreme Court case which upheld sodomy laws as constitutional.
The Kansas Supreme Court unanimously ruled on October 21, 2005, that the "Romeo and Juliet" statute violated the Equal Protection Clauses of both the United States Constitution and the Kansas constitution and struck the words "and are members of the opposite sex" from K.S.A.