District Judge Robert Cleland has ruled parts of the state's Sex Offender Registry Act are unconstitutional and cannot be enforced against many pre registrants. He also ruled several provisions are void because of vagueness, strict liability and under the First Amendment. The ruling states registrants have for years been forced to comply with unconstitutional provisions and it was expected legislative action would have corrected them by now. In so doing, the court recognizes that its ruling will fracture the existing structure of SORA. However, the court anticipates that its ruling will reignite efforts to finalize a new, unified registration statute that can survive constitutional review, as has the national model, SORNA. Michigan families deserve true reform that prioritizes public safety and prevention, not a failed registry.
Judge strikes down key parts of Michigan's sex offender law as unconstitutional
Changes to the Sex Offender Registry are Pending - 9 & 10 News
Help Us Keep Reporting. Donate to Detroit Metro Times. Tags: Court , federal court , sex offender registry , Michigan , Lansing , constitution , Image. Detroit Metro Times works for you, and your support is essential. Our small but mighty local team works tirelessly to bring you high-quality, uncensored news and cultural coverage of Detroit and beyond. Unlike many newspapers, ours is free — and we'd like to keep it that way, because we believe, now more than ever , everyone deserves access to accurate, independent coverage of their community. Whether it's a one-time acknowledgement of this article or an ongoing pledge, your support helps keep Detroit's true free press free.
Constitutionality of sex offender registries in the United States. Constitutionality of sex offender registries in the United States have been challenged on a number of constitutional and other bases, generating substantial amount of case law. The Supreme Court of the United States has upheld sex offender registration laws each of the two times such laws have been examined by them. Those challenging the sex offender registration and related restriction statutes have claimed violations of ex post facto , due process , cruel and unusual punishment , equal protection and search and seizure.
The court addressed the question of whether Alaska Sexual Offender Registration Act ASORA registration requirements violated due process and whether the statute could constitutionally be applied to out-of-state offenders required to register upon moving to Alaska. It concluded that the statute could be applied to out of state offenders but that it was overbroad and violated due process because it did not provide them an opportunity to demonstrate they were no longer a threat to the public. The suit was brought by a man, referred to as John Doe, who was convicted of aggravated sexual battery in Virginia.