Randall Menges, a man convicted of sex crimes in Idaho under anti-gay laws will not have to register as a sex offender in Montana.
Last month we reported on the story of Menges. In 1994, police arrested him for sex crimes after having gay sex with two 16-year-olds. While the age of his partners–who did consent–apparently was not an issue, the fact that they were both males was. A court convicted Menges of Idaho’s Crime Against Nature statute, which banned anal and oral sex between consenting adults. Menges would go on to serve seven years in prison for the offense. The homophobic law also forced him to register as a sex offender.
Menges faced further complications when he tried moving to Montana, which requires sex offenders convicted in other states to register in the Montana state sex offender database. Menges decided to sue over the policy.
Now Montana newspaper The Missoulian reports that Menges has scored a major victory. On May 11, a federal judge ruled that requirements for Menges to register as a sex offender are unconstitutional, as gay sex between consenting adults does not pose a threat to society.
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Related: Montana considers removing consensual gay sex conviction from sex offender registry
“Montana has no rational basis for forcing Menges to register as a sexual offender on the basis of a 1994 Idaho conviction for engaging in oral or anal sex with a 16-year old male when he was 18, but not forcing those to register as a sexual offender who were convicted in Idaho in 1994 at the age of 18 for engaging in vaginal sex with a 16-year old female,” District Court Judge Dana Christensen wrote in her ruling.
“I’m grateful to the court for putting an end to my nightmare,” Menges said of his court victory. “It should not have required a lawsuit to enforce the Supreme Court’s command from 18 years ago, but I am happy that it’s over.”
Lawyers for Menges echoed his joy.
“This case involves the lingering effects of centuries of homophobic ‘sodomy’ prohibitions,” Matthew Strugar, Menges attorney, said in a statement. “It is unconscionable that in 2021, Montana would still put people convicted of having gay sex on the sex offender registry,” Strugar said. “This kind of overt, state-sanctioned homophobia would have been surprising 30 years ago. Today it is shocking. And it is unconstitutional.”
Amen to that. Gay sex between consenting adults remained illegal in a number of states until 2003, when the US Supreme Court struck down anti-sodomy laws. Prior to that, a number of states selectively enforced anti-sodomy statutes as a way to oppress and discriminate against queer people.
Chrisk
Not at all shocking considering where it happened. Some real Neanderthal right wing politicians still rule there.
PolishBear
Cases like this beg the question: If two 16-year-olds have sex, are they BOTH guilty of statutory rape?
jayceecook
No. At the time this happened if two 16 males had sex & were caught they would have most likely been convicted under the same anti sodomy laws as the 18 year old was. As the article states, the age of consent was not the issue. Which is probably why the courts back then went with the anti sodomy laws to convict the 18 year old.
What I’m wondering is if he can have his whole case thrown out and his sentence overturned. Even though he served his time it’s still on his record. He might have a case now that federally anti sodomy laws have been overturned.
roiboihoutx
Ooooh, my goodness gracious! That is a question for the ages, indeed! You have made my heart laugh out loud. I shall now ask the Lord Our God, and Creator and the Ever Blessed Virgin Mary to watch over you today and always!
boblrice
@roiboihoutx ???
Are you on the right site? Were you looking for the Family Research Council or One Million Moms?
Heywood Jablowme
As Frank Zappa and Tina Turner knew, the only reason to move to Montana is to grow dental floss. But I guess if you live in Idaho it’s still an improvement.
James
Idaho is a real sh*t hole. It’s still filled with anti gay trump trash, and still thinks it is 1953..
Roy Moss
Montana isn’t any better.
Heywood Jablowme
Montana is definitely more liberal than Idaho, and has (for instance) a decent two-term Democratic U.S. Senator, which is impossible to imagine in Idaho.
Roy Moss
So he moved from one extreme right wing state to another extreme right wing state. Somehow I don’t feel the least bit sorry for what he’s gone through. You choose to live in a state where they hate you, you deserve whatever you get. You just can’t fix stupid.
emelius
Don’t be so quick to make judgements. You don’t know the circumstances of his life. Not everyone can live exactly where they want to. I live in Mississippi and trust me it was never a state I had planned to live in, but this is where I was able to find a job in my field.
Fahd
@emelius & Leo (see below)
thanks for pointing that out
@Roy Moss
I agree with your ironic comment that you can’t fix stupid, so I won’t suggest that you (re)read the story or consider some of the other comments.
Leo
Pretty harsh. Might want to know the surrounding
context of the move.
Fahd
As I read it, he served 7 years in prison for having sex with two 16 year olds when he himself was only 18. To me, that’s cruel and unusual punishment and should be overturned, especially in light of more recent rulings as cited here. He deserves to be compensated by society for having that harsh punishment imposed upon him. He’s a hero for serving as the plaintiff in the Montana lawsuit.
bridyyc
The ages, both his and the people he had sex with are irrelevant. He spent 7 years in prison because he had gay sex, period.
Fahd
@bridyyc
To me, age was relevant in that to impose what was probably more than a 7 year sentence on an 18 year old magnifies the cruel and unusual nature of the punishment. Unperiod.
bridyyc
It’s difficult to imagine that as recently as 2001 (he was convicted in 1994 and served 7 years), there were people in prison for simply having gay sex. And he still carries the “registered sex offender” status with him. I have so much empathy for this guy – his life has been ruined simply because he had gay sex.
Kangol2
The nationwide repeal of all laws criminalizing private same-sexual activity, sodomy (including between heteros), and oral sex between consenting adults did not occur until 2003, when the Supreme Court struck them down in Lawrence v. Texas. So there very well may have been some people convicted of same-sex acts up through 2003, and, given how many states operate, some who served time past that point.
wilsons
USA like taliban sharia laws!
We in europe are laughing at this kind of news and cant belive there are no court at state level to overrule this and give this man compensation for SEVEN years in prison for what? If not true it would be tragycomic…
wilsons
What did USA Supreme court did in this? In Europe this man can sue the state to European court for human rights…the court can overule the state court decision. This man would never be in jail in Europe for this and would get nice compensation….
cuteguy
The Midwest is backward country. If you saw Boys Don’t Cry, the film that nabbed an Oscar for Hilary Swank, a trans man was raped and subsequently killed, yet it was the lgbtq victim that was notoriously blamed by that disgusting sheriff at the time. I actually agree what Trump used to say about abolishing the electoral college, so there could NEVER be another bigot holding the presidency ever again and these laws will never hurt us again. Remember, it was OBAMA, a Democrat, who came out in favor of gay marriage in 2012 and that’s what propelled acceptance for us today. Not so long ago, gay sex was on the same level of rape and sodomy and child molestation, as this article clearly stated. We must never go back to those recent horrific times
darkanser
It’s outrageous enough they wanted to label him a sex offender, but they had taken 7 years of his life from 18 years of age for what he allegedly had done, is truly criminal. I hope he DOES sue for compensation!!!