Menges’s case, but Anthony Johnstone, a professor at the University of Montana Alexander Blewett III School of Law, said it could serve as a road map for people convicted under similar circumstances. “Law enforcement has no valid interest in keeping track of such persons’ whereabouts.” “Under Montana’s constitutional scheme, having consensual intimate sexual contact with a person of the same sex does not render someone a public safety threat to the community,” he wrote. Menges suffered under Montana’s statute outweighed the public’s interest in keeping his name on the registry. Menges to register as a sex offender had caused him “significant” hardships, like being denied housing and employment. Christensen, who was nominated by President Barack Obama, said that the Montana statute that required Mr. Menges had no right to file a complaint in Montana.īut on Tuesday, Judge Dana L. Prosecutors in Montana argued that until the Idaho case was resolved, Mr. Menges and another man who was forced to register as a sex offender because he was convicted 20 years ago in another state for performing oral sex on his wife.
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of Idaho, filed a federal lawsuit challenging Idaho’s law on behalf of Mr.
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Today, eight states still have anti-sodomy laws on the books but only three states - Idaho, Mississippi and South Carolina - have laws requiring sex offender registration for people convicted of sodomy, said Matthew Strugar, one of Mr. Supreme Court ruling that said such laws were unconstitutional and failed to recognize that same-sex couples were “entitled to respect for their private lives.” Many states, including Montana, eliminated broad laws against sodomy and oral sex in the 1990s. Menges’s legal battle also comes amid a larger struggle over laws that have historically been used to discriminate against L.G.B.T.Q. “But in Randy’s case it’s been more horrifying.” The registry “thoroughly ruins someone’s life to the point that it almost discourages rehabilitation for some folks,” Mx.
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They were created to warn communities about sexual predators who have been released from prison, but they have been criticized by groups like the American Civil Liberties Union and criminologists for pushing people to the margins of society while doing little to keep the public safe.