A man jailed for a sex act on an underage boy is released to relatives while the state decides its next move in light of a Kansas Supreme Court ruling.

Matthew Limon has been serving a 17-year sentence for sodomizing
a 14-year-old boy. Limon was 18 at the time of the incident in 2000.

The Kansas Supreme Court ruled last month that the state cannot
punish illegal homosexual acts more severely than heterosexual ones. Limon would have faced a maximum 15 months if either he or the younger boy had been female.

Miami County District Judge Richard Smith today ordered Limon
held until Nov. 26, saying he had been refused today to find proper supervision for him.

But after the hearing ended, the problem apparently was solved
and Limon was turned over to family living in western Kansas.

Miami County Attorney David Miller says a decision on appealing
to the U.S. Supreme Court is up to Attorney General Phill Kline. Prosecutors could also file new charges.