Eyes have turned to Montana, as a federal judge in the state will soon rule on removing citizens convicted of having consensual gay sex from the state’s sex offender registry.
The decision hinges on the case of Randall Menges, an Idaho man convicted of sex offenses in the state when he was 18 years old, NBC affiliate KPVI reports.
In 1994, a court convicted Menges of criminal sex offenses after he was discovered having sex with two male 16-year-olds. Though a police investigation found that the sex acts were consensual, Menges received a prison sentence, probation and was required to register as a sex offender.
It’s important to note that Menges’ conviction had nothing to do with the ages of his sex partners or the age of consent. Rather, he received conviction under Idaho’s Crimes Against Nature law, which banned oral and anal sex among any consenting adults.
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Now 45, Menges has filed suit against Montana, arguing that the state violated his rights as it has no current prohibitions against gay sex. Such antiquated sodomy laws were overruled in 2003 in the landmark Supreme Court case Lawrence v. Texas.
However, Montana currently has a law that requires registered sex offenders from other states to register as offenders in Montana, regardless of the facts of the case. Matthew Strugar, the attorney for Menges, argues that the requirement is unconstitutional, as sex crime laws vary from state to state, and Menges was wrongly convicted because of systemic homophobia at the time.
“This case involves the lingering effects of centuries of homophobic ‘sodomy’ prohibitions,” Strugar wrote in the original complaint.
U.S. District Court Judge Dana L. Christensen has said he intends to rule “quickly” on the issue.
The news comes as Menges has joined the American Civil Liberties Union in a federal suit against the state of Idaho in hopes of having his original conviction overturned.
missvamp
there are so many states with outdated laws like this. laws about sex toys, laws about about beastiality still being legal. we are a screwed up country that really needs to look at ourselves & say why are we so stupid. we can’t control a pandemic! we elected a moronic cheeto & the man almost destroyed our country. we have to get it together!!
jeters
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Fahd
I’ll be watching. I hope he judge does the right thing and quickly. Montana’s shame is just compounded by not having revised their laws/regulations when they became clearly unconstitutional and for not making it right otherwise.
GayEGO
I hope the judge removes the law, it is a dark ages law as consensual sex is a normal action, regardless of gender!
James26
“Matthew Strugar, the attorney for Menges, argues that the requirement is unconstitutional, as sex crime laws vary from state to state, and Menges was wrongly convicted because of systemic homophobia at the time.”
Maybe I’m not understanding something, but it would seem that the reason Menges should be off the registry is because the Crimes Against Nature Act was and is unconstitutional. How is the variance in sex crimes laws from state to state relevant? And why would it matter whether Menges’ jury was biased or not? Even if the laws were uniform across all states and even if Menges’ jury had been completely unbiased, his conviction is void and his obligation to register is void because the law under which he was prosecuted was unconstitutional.