MI: ACLU Sues State Officials for the Fourth Time over Unconstitutional Michigan Sex Offender Registration Act

Source: aclumich.org 2/2/22

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.” 

Read the full article

See the available court documents at the links below:

courtlistener docket 62646259

courtlistener docket 70034680

courtlistener docket 70034681

 

Download the PDF file .

 

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify or abbreviate their name. 
  24. Please check for typos, spelling, punctuation, and grammar errors before submitting.  Comments that have many errors will not be approved. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

2.6K Comments
Inline Feedbacks
View all comments

I was wondering if any knows how gmail these politicians because, I am if anyone can direct me to the right direction.

Im well aware these are well trained attorneys in these matters. I just have ask though, do they take any information from these post that are relevant to the current arguement and try implement them into their arguement in court? I feel as though a lot information on here would shed light, and be beneficial to both pre 2011 and post 2011.

Has anyone else had someone call their job to get ahold of you to try tell you your in violation of the registry for failing to take photo and go in for volap whatever it means. Said something about violent offense proceedings. Though my crime had no victim so wasn’t violent. They read off my information off the registry. My address, my full name, my job and stated to me I was on registry. I had just talked to my probation officer this morning she didn’t know of any violations and she tried call the person so called LT. stephens (my guess how he spells it. ) she said she never heard of a volap either. So we both have an idea someone useing my information on registry to harass me. Yet again proves how registry is more harmful to people on registry and non productive for people who aren’t.
They also wanted me to get in my car go to the nearest station and while doing so tell them when I’m leaving and how long until I get there. So if my probation officer finds it’s not real then now im being hunted on registry and the state would now have put me in danger and person im living with.

Last edited 3 months ago by Punkskater12

Thoughts on Status Conference tomorrow morning with Judge Goldsmith

And another update;

200
Jul 10, 2025
Main Doc
Appear*

Here’s the same one on pace monitor;

Thursday, July 10, 2025200   notice Appear*Thu 07/10 10:19 AM
NOTICE TO APPEAR REMOTELY VIA ZOOM: Status Conference set for 7/17/2025 09:00 AM before District Judge Mark A. Goldsmith . (JHea)

Somehow these are in backwards;

199   misc Statement – freeWed 07/09 8:17 AM
Parties’ STATEMENT of Regarding Further District Court Proceedings by All Plaintiffs (Aukerman, Miriam)

I want to make another point. The legislature claims the registry protects the public and the children. By sedition of protect is to prevent harm. Or damage. However only people put on the registry is after they supposedly committed harm during their crime. So that nulls and voids protecting the public and children. 2nd only people on the registry are those whom “supposedly committed a sex crime” or “committed a crime with no sexual element involved”. So all those on registry are “people known to have committed a crime”. To protect the public and the children you have to prevent the harm from occurring in the first place to “prevent harm or damages”. Which the registry does not do. So that also nullifys and voids “protecting the public and the children. Only way they can even consider useing registry to protect the public and children is if they threw everyone on it. Though thst be considered unlawful to punish the innocent and would be counterproductive. So way i see it the registry does no good protecting anyone. Only thing it does is make it extremely hard for someone to live work or or reside anywhere, and to survive. So only thing it serves is hurting the “convicted or accused, make it impossible to integrate into society and sets them up to get further litigation over menial and nonsensical laws. Like “pay 50 dollars to state to fund the registry or face a misdemeanor. Or give us all your information if you don’t well charge ypu with a felony. It’s overstep of power and tyrannical.

It’s disturbing to see when I look up my name on google literally the very first search (with just my name typed in only) shows up the sex offense registry. The very first search. That has to definitely be advertising our information. It’s not buried or mingled with any other information. It’s at the very top. No wonder im getting harassing calls trying extort money from me from people impersonating a law enforcement official.(which is a felonious crime by way) also I was told at present eve as a tier 1 I wouldn’t be public, but my information all over the place. So legally I was lied to.

Has anyone noticed each time registry gets sued and legislature comes back with a new bill it has harsher and stricter conditions than the last one. Are they underline trying to deter us from sueing them when they are wrong? Also read an article online where the aclu is upset with the senate trying rush this bill and it having so many errors in it. Or coulda been reading about the last time they were sued and they were to have a lobby of people to discuss a proper resolution, but instead rushed a new law without talking to anyone.

All of America is modern day Salem Massachusetts. Once branded as a registrant, it forever follows you forever. Even if we get the entire registry dismantled it won’t stop the idiots from using our criminal convictions against us. The holier than thou crowd will forever ostracize us from their ivory towers until it’s them or someone they care about. My entire attitude has changed. The registry idiots have convinced me that I am a horrible person no matter the mountain of good I’ve done in this world. I’ve decided to do whatever I want in this world in spite of them. I will profit no matter the societal moral or ethical standards. I don’t plan to do anything illegal but Will Allen’s philosophy is my new standard. I don’t care if I hurt anyone to get what I want as long as it’s legal. Politicians do it. Teachers do it. Clergy does it. Leaders of the world do it. I’ve always had a moral standard I’ve lived by. 13 years ago I looked at 4 possibly underage photos. Never touched anyone and never will. From now on I’m going to be the soulless ass I’m believed to be. I’ve fought for 13 years trying to change the worlds image of me. No more! I will not waste a drop of energy on it again. I digress….

Last edited 3 months ago by DisgustedAndTired

Does anyone know what happened with the status conference on July 10th with judge Goldsmith ?We couldn’t get into the link Thanks

Update on Case 25-1413/1414 6th Appeals, Pre 2011’s should be happy. I seen on another post somewhere on here that someone mentioned they had emailed MSP about removal, I dont know if they got a reply or if anyone else has done the same. Thoughts?

As of today…..
It is ORDERED that the Stay Order issued on June 20, 2025, ECF 28-1, applies only to the portions of the district court’s judgment Defendants sought to stay in their motion filed on May 30, 2025, ECF 21: the judgment with respect to Counts I and II (ex post facto claims) and Count XI (claims regarding registrants with out-of-state convictions) of Plaintiffs’ amended complaint. The stay does not apply to any other counts or to the general provisions of the district court’s amended judgment issued on April 22, 2025. See District Court R. 177. ENTERED BY ORDER OF THE CO….. read the rest here. judge order filed – #36 in John Doe A v. Gretchen Whitmer (6th Cir., 25-1413) – CourtListener.com

Has anyone heard any updates on the status conference that was scheduled for today at 9 am ?thoughts Thank you

I dont mean to ignore anyones replies or questions, I just dont get on here that often and stay pretty busy during the day with a small business and working on a degree thanks to MI Reconnect, i graduate next summer. If I have any updates that are meaningful to any SOR stricken folks I’ll always share. In the meantime, use Court Listener obsessively, get notified about the case updates, download all the new orders when available for free, read em closely. Fight this BS at all costs! Good luck.

I just want go ahead and ask, aren’t the judges funded by the state? Dont they actually serve to benefit with the registry going? Doesn’t the governor and state judges have a hand in each others pocket? Could that be why these lawsuits usually go nowhere?

Probably an unpopular opinion, buttt…. I honestly believe possession, distribution of cp. should not be considered a sex crime. Yes it contains images and videos, but so long as you didn’t have a physical victim(filming, touching, groping, penetrating) I think should just be considered a computer crime. That’s it. Misuse of a tool to commit a crime. Also charge it as one or the other. Possession or computer commit a crime, not both to hype the charges to scare someone into a plea deal. Thats coercion.

I wonder why court listener missed entry # 199, I was hoping to read this one,

I read it for my self. I will say I am pissed off at the aclu. They purposely are messing pre 2011 over us letting others get off it that have offenses that ocurred before ours correct me if I’m wrong and the state is laughing gladly agreeing.

court Listener #170,

Defendants are permanently enjoined from requiring registration under SORA 2021 or
any prior version of SORA or enforcing SORA 2021 or any prior version of SORA against Does A, B, C, D, E, G, Mary Doe, Mary Roe and the pre-2011 ex post facto
subclass.
5. Within 60 days following the effective date of this Judgment, Defendants shall provide
written notice to all members of the pre-2011 ex post facto subclass that informs them
that they are no longer subject to SORA and have been removed from the registry!

Okay, what did this mean ?

@webmaster,
#171

that injunction from goldsmith has put a couple background checks on hold while applying for jobs recently. I found out what check service theyre bout to use and sent em emails sayin im pre2011 and you cant use that info and attached the march ruling from court listener. No reply from anyone and its been over a week, had one potential employer ask me if I authorized the bgc in my onboarding cause theytr waiting still lol

Just to stay updated;

I don’t think it’s about much,
just an update for the judge,

just my guess!

Docket last updated: 07/20/2025 11:59 PM EDTFriday, July 18, 2025minutes Status ConferenceFri 07/18 12:40 PM
Minute Entry for remote proceedings before District Judge Mark A. Goldsmith: Status Conference held on 7/18/2025(Court Reporter: None Present, Not on the Record) (EBut)

Doesn’t the judges ruling go into affect as of today? Since I believe the new registry has not become law yet. Also on that note, the new registry still isn’t even constitutional nor did it even live up to what was addressed by this current court. Again the senate ignored almost everything judge goldsmith said.