Michigan Supreme Court Rules Sex-Offender Registry for Nonsexual Crimes Unconstitutional

DETROIT (AP) — In a landmark ruling, the Michigan Supreme Court declared that the state's practice of placing individuals on the sex-offender registry for nonsexual offenses is unconstitutional. The court's 5-2 decision on Monday found that a provision of a 2021 law constitutes "cruel or unusual punishment," violating the Michigan Constitution. The case arose from the conviction of a Wayne County man who, after holding his family at gunpoint, faced a 15-year registration requirement due to the involvement of minors in his unlawful-imprisonment conviction. Chief Justice Elizabeth Clement emphasized that while the man's actions were severe, they lacked any sexual component, and there was no evidence suggesting he posed a future risk of sexual offenses. She criticized the Sex Offender Registration Act (SORA) for treating individuals like him as if they had committed sexual crimes, despite their actual offenses being unrelated. The American Civil Liberties Union of Michigan estimates that around 300 individuals are currently on the registry for nonsexual crimes. In dissent, Justice Brian Zahra defended the registry, arguing that it serves a public safety function and is not punitive. He noted that many families in Michigan rely on the registry for safety, particularly when selecting caregivers for their children. Zahra, joined by Justice David Viviano, contended that the majority opinion overlooks the importance of the registry in protecting communities.