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Kline should know better than that. He changed the argument when he substituted. Another indication of a strawman. The argument in the footnote was that, of course, teenagers aren't adults and cooperation do not have the same rights cooperation as adults. It is in the interest of the state to intrude on cooperation the rights of teenagers. The language of "liberty interest" is in regards to a Due Process argument being made. The ACLU is saying that there is no compelling state reason to treat gay kids or gay behavior any differently than heterosexual behavior in regards to Due Process. They aren't arguing at all that it wasn't a crime. In fact they make that quite clear in the brief: While the State’s interest in protecting children is both independent and legitimate, the interest in protecting children bears no rational relationship to the State’s discrimination against gay teenagers.
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