TOPEKA, Kansas -- It's a law gay rights supporters call offensive and unconstitutional. The law makes sex between the same gender a crime in Kansas.“It's an unconstitutional law and it makes no sense to have it on the books,” said Kerry Wilks, Chairperson of the Kansas Equality Coalition.
The U.S. Supreme Court ruled in 2003 that state laws cannot criminalize gay sex between consenting adults.
In Kansas it's still a law, it’s just not enforceable.
“It has mattered to some people, and just the fact that it's on the books should be enough,” said Wilks.
Supporters of a repeal will testify at a hearing Wednesday in front of the Senate Judiciary Committee. It’s the same committee where a bill to repeal it last year stalled.
"I think people will actually have trouble voting on this again,” said State Senator Jean Schodorf. “It is very sensitive.”
Sen. Schodorf is a member of the committee. She says the bill might have trouble coming to a vote because many legislators were uneasy about the topic the last legislative session.
Schodorf is in support of repealing the law on a constitutional basis.
“The state could be sued because it has been unconstitutional on various grounds,” Schodorf said.
Anger is growing in the gay community. There was hope that this law would be on the state's repealer list of suggested laws to do away with.
There were 51 recommedations on the list, but the list did not include the sodomy law. Gay rights advocates say that is sending the wrong message.
"It's telling someone that who they are is wrong and that's not right,” Wilks added.”
There's still hope that the legislature could act to once and for all take the language off the books.
"Let's get rid of it and we won't have to talk about it anymore,” Schodorf said.
The governor's office says there are still hundreds of recommendations of laws to repeal including the sodomy law.
The office of the repealer says there will be more announcements in the future about additional laws.
There is no indication on if sodomy is next on the list.
