The state of Montana has no valid reason to require a man to register as a sex offender based on his conviction for having gay sex in Idaho in 1993, a federal judge has ruled.
U.S. District Judge Dana Christensen on Tuesday prevented the state from requiring Randall Menges of Butte to register as a sex offender under Idaho’s Crimes Against Nature law.
“None of the governmental interests in maintaining a sexual offender registry are served by Menges’ inclusion,” Christensen wrote. “Engagement in intimate sexual contact with a person of the same sex, without more, cannot be said to render someone a threat to the public safety.”
The state was wrong in not allowing Menges to challenge the registration requirement even though his conviction in Idaho was for actions that are now constitutionally protected, the judge found.
“I guess I’m just grateful, honestly, that the judge actually listened and was fair because for the last few years of my life …. I don’t feel like anything’s been fair,” Menges said Wednesday.
Christensen ordered the state to remove Menges from the registry on or before May 21, expunge any records indicating he was ever subject to registration and alert all agencies that may have been provided information about Menges’ registration.
The attorney general’s office is appealing the ruling, arguing it weakens the state’s sex offender registry law and opens it up to additional challenges from out-of-state lawyers “who are more interested in politics than the safety of Montana children,” spokesperson Emilee Cantrell said in a statement.
“You don’t violate someone’s constitutional rights to strengthen your own laws,” Menges said after hearing the state’s reason for appealing the decision.
The original story:
MT: Sodomy laws that labeled gay people sex offenders challenged in court
WOW! How is this AG not instantly fired for stating this? Talk about doing something because you simply can. I hope he’s chastised severely by whatever judge he goes in front of to argued this super messed up case. I’m having really dark thoughts right now about what I wish would happen to this AG.
The best part to note here.
The phrase “exponge any record indicating his (the ) requirement to register from the record.”
The context of ex post facto- Failure to register claims by state also naturally DO NOT contain “a record indicating the requirement to register. ”
By record he means by trial court at the time of conviction where sentence and civil notice is given for: own firearms, vote, forfeiture etc., that all convicted persons suffer in the phase where spoils go to the victor. Nevertheless, the record remains in the clerks office which can naturally and rightfully referred too by state
Whether one choses summary judgment by standardized motion (plea)
OR by full formal process (w\o plea & standard waiver of right) that sub-planted the complaint discussed in Connecticut Dept Pub. Safety V DOE, is important too, as the two subgroups are situated differently. Meaning plainly, they also must be treated differently because in FTR context in the smaller subgroup set State has NO CONFESSION!
There is egregious error in conflating homosex as deviant ( criminal by extension) in of itself. – Lawrence v Texas- homogenized
The reason rests NOT in the type of interpersonal interaction but in the consent concerning ( plain agreement by parties) human interpersonal relation that no gov has rightful authority or jurisdiction in. The very same reason behind the necessary separation of powers between church, federal & State from the bill of rights.
So this:
“None of the governmental interests in maintaining a sexual offender registry are served by Menges’ inclusion,”
So, just what are the governmental interests in maintaining a sexual offender registry? Do they have a list somewhere?
It certainly isn’t to protect children – maybe to protect politicians.
I saw this article on yahoo main page, wow. Can’t believe the AG…
“In a statement, Emilee Cantrell, a spokesperson for Knudsen, said he was appealing the decision because “it weakens our state’s sex-offender registry law, making kids and families less safe.”
https://www.yahoo.com/news/18-had-consensual-sex-2-151742362.html
Thats insane. I wish the best for him.