Civil rights organization says it’s unconstitutional to label people for life without individual review
DETROIT – Today the American Civil Liberties Union of Michigan (ACLU), on behalf of 10 people who all previously won federal court rulings that Michigan’s Sex Offenders Registration Act (SORA) is unconstitutional, filed a federal class action lawsuit against state officials over the latest version of the law. It is the fourth federal lawsuit the civil rights organization has filed challenging SORA in the past decade. The federal courts and the Michigan Supreme Court have repeatedly ruled that the earlier iteration of SORA was unconstitutional.
Today’s lawsuit, Does v. Whitmer, or Does III, filed in U.S. District Court, argues that the new SORA statute, which went into effect in 2021, is also unconstitutional. Specifically, SORA fails to provide for individual review or an opportunity for removal, forcing tens of thousands of people, including people who didn’t even commit a sex offense, to be branded as sex offenders and subjected to extensive, and in most cases life-long restrictions, without any consideration of their individual circumstances, which is a violation of their due process and equal protection rights. The 193-page complaint also argues that SORA imposes unconstitutional retroactive punishment, including by retroactively extending the registration terms of thousands of people to life.
Michigan has one of the largest registries in the country; there are approximately 45,000 Michigan registrants, and almost 10,000 more who live out of state.
“For nearly a decade, we have been fighting to put an end to an ineffective, bloated and unconstitutional registry that not only fails to protect survivors, but in fact makes families and communities less safe,” said Miriam Aukerman, ACLU of Michigan senior staff attorney. “The latest version of SORA is more of the same, and still puts tens of thousands of people on this list automatically without any consideration of their individual circumstances. What we’re asking for is very simple: consider the facts in each case before someone is tarred as a sex offender for life. Dying shouldn’t be the only way a person can get off the registry.”
See the available court documents at the links below:
CourtListener (link) has a lot of new stuff up, including a draft of the letter all PFRs in Michigan will be sent. July 21st is the effective date of the court order. There are different paragraphs for pre-2011 PFRs depending on whether the Appellate Court grants a stay before then, and whether legislature passed a new SORA law before then—absent both, the letter states we won’t have to register then, but indicates that future changes are possible. Until then, we should be sure to continue to register.
Courtlistener links for the appeal:
docket 70034680
docket 70034681
25-1413
Hi everyone I looked and the State has Filed their motion for a Stay in the Federal Court of Appeals. I have not been able to locate it yet. Here is the Case and Docket number Does III v Whitmer No. 22-1925
Hello everyone, I know this may be a little early in the process but has anyone talked to an attorney regarding compensation for these unconstitutional acts placed on our families and us over the years So the State has already been proven responsible I believe.I don’t know if the ACLU can or would handle this next step, I would say it should be a class action my opinion,I am currently trying to get a hold of an attorney that I spoke to over the years regarding this issue, opinions or suggestions would be appreciated Thank you
So, if you drive a car one time and never drive that car again it will have to stay as a listed vehicle on the registry until that individual is removed from the registry? Even if said vehicle is not registered or owned by the person on the registry? That is looney tunes…for example…my car needs to be repaired and I have to drive my friends car for three days and I give it back and never drive it again that person who is not listed on the registry license plate will indefinitely be listed on the registry until the person that borrowed the cars name is removed from the registry??….That’s legally problematic…what a mess this all is. Congratulations to those who are being removed!!
Just checked the calendars for the 6th Circuit judges. From June 9-13, there is nothing scheduled for our case. Will check again next week to see if anything changes. Fingers crossed that the 6th Circuit refuses to hear the appeal and refuses to grant the Stay.
According to the 2025 Court Session Calendar, the Sixth Circuit Court of Appeals has planned court sessions in June and July/August:
This doesn’t look too promising for the State. But I could be wrong.
Hey y’all. New subscriber here with a question to clear up my ignorance. Could someone tell me what PFR stands for? Thanks.
This is what I found on the docket nothing much lately. But in the next picture I post you can sign up for news letter’s for fre.
This is were you can sign up for the free new letter on the sixth circuit Court docket forth is case.all you have to do is subscribe and give your emails. And that is it then itsays they will send you letters. I just did it.
The Senate just drafted a Bill to Modify the SOR. Read it for yourself: SB 0424
Senate Bill 424 of 2025 – Michigan Legislature
We looked this up, couldn’t figure anything out on the draft on sor by the Senate does anyone know what it says? We couldn’t find no link , thank you
So,
just exactly what would happen if the bill is rejected?
Will sora crash after July 26?
will pre sora people still be removed?
Will ex post facto and due process be honored or not ?
Will our constitutional rights be gone forever?
Would the registry as we know it be gone and these elected officials have to start all over from scratch?
would the court rulings have any teeth?
just wondering,,,
I have been on for thirty years.the most bulls**t thirty years ever.i can’t stand the government because of it.
Good luck to Michigan registrants and their families as I’m hopeful justice will prevail!!
I looked up the tear o wrist sponsoring this bill, he represents Lansing, Grand Ledge,area so I hope all the pfr’s in his district let him know what they think of him,,,
And how they will vote Soon.
The bill just blew right through the Senate. Already passed, by the Senate.
https://www.legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0424
Just curious if anyone has called or heard anything from the ACLU regarding this new issue, Thank you
It’s looking like pre 2011 are off the registry. The people after 2011 have to register for tier 3 or pettition to get off it.
@everyone, I actually heard back from Tim @the ACLU, …
Then he goes in to say that stretching Gretchen, may not sign it because he knows for a fact that she is a sexual assault victim.
What the heck does that have to do with anything…
I’m getting off the subject , anyway here is what he sent me, please let me know what you all think about his reply back to me.
First of all, it has to pass in the Senate and then in the House if the house even takes it up. Then it will go to the Governor to be signed, if she signs it at all because I happen to know she is a sexual assault survivor herself. Now if that happens as I read the bill it will not screw people 2011 and should let most of those people off the SOR that are pre-2011. However, the bill can be changed at any point, but not when it is sent to the governor’s office to be signed so just sit back and wait to see what happens. And why are you asking about the 6th circuit because no one has control over what courts do and this issue may go all the way to the Supreme Court if they were to take it.
Please do not ask hypnotical questions as no one knows the answers to anything that a court or the State will do until it happens.
Respectfully Tim P ACLU of Michigan SOR Specialist
The democrats are the ones who brought up the bill. You don’t think a rape victim not going to sign the bill. I don’t know what Tim Is talking about but it sound like he sounds like he is real negative. So the democrats are blaming the Republicans for how they are breaking all the rules and the laws. But they are doing it their self right now and been doing it for years out in the open. Democrats should never talk about what Trump been doing.
So what does this mean to all pre-registry? I know some people are having feelings about this. I also know that the ones who are not happy should be considering it’s a step in the right direction. Some of y’all are being down right sour because it’s not benefitting you at the moment.but in time it will. All I know is the ones that their unconstitutional rights we’re violated should be the first ones off the registry. And in due time y’all be off. But to me it sounds as if certain people are hating on the old timers that put time in prison and on this bull**** registry. I myself have been through hell and back and should have never been placed on it in the first place along with thousands of others. I didn’t plead to lifetime on a registry in 1992 it didn’t exist. If known that I would never have pled. For the rest of Michigans registrants be happy for the rest. I don’t know what the outcome will be, but I hope and pray for the best for all of us…
So,
if government officials can’t be held criminally accountable because of immunity clauses,
can they be held civilly responsible?
apparently the court’s look at these two circumstances in different ways?
just wondering,,,,
This is interesting. I put the proposed bill and the as passed bill into Google Gemini and asked it to compare and summarize the differences in the two documents.
This is what it came back with;
The second attachment, “2025-SEBS-0424.pdf,” is a later version of the Senate Bill No. 424, specifically indicating that it has “As Passed Senate, June 17, 2025”. The first attachment, “2025-SIB-0424.pdf,” is the introduced version from June 12, 2025.
The main difference in content between the two documents is found in Section 5, subsection (13):
* 2025-SIB-0424.pdf (Introduced Version): For a Tier III offender whose offense requiring registration was committed before July 1, 2011, they “shall comply with this section for 25 years after the date of initially registering, or, if the individual is in a state correctional facility, for 10 years after release from the state correctional facility, whichever is longer”.
* 2025-SEBS-0424.pdf (As Passed Senate Version): This specific provision for Tier III offenders whose offenses were committed before July 1, 2011, is omitted. The text in the “As Passed Senate” version states that “a tier III offender shall comply with this section for life,” but it does not include the subsequent sentence about the 25-year or 10-year compliance options for those whose offenses were committed before July 1, 2011.
In summary, the second attachment reflects the bill as passed by the Senate and notably removes a clause regarding the registration duration for certain Tier III offenders.
Based on this…the as passed bill is keeping tier 3 registrants on for life regarding whether they were pre-2011 or not.
Didnt the judge say something about if a new law is made it has to go through him. I could be wrong but I thought it said something about that in his ruling.