After nearly two years, Idaho is moving towards settling a case over how it handles sex offenders convicted of sodomy crimes.
The lawsuit filed in September 2020 involves two men. One, who is anonymous, was convicted of so-called “crimes against nature” in another state for performing oral sex on his wife.
Idaho’s sex offender registry law forces anyone to sign up if they’ve been convicted of a crime in another state that’s “substantially similar” to an Idaho law requiring registration.
The other, Randall Menges, was convicted in 1994 for having oral sex with two 16-year-old boys shortly after he turned 18 – something that would not meet the definition of statutory rape today.
Idaho required both men to register as sex offenders.
But last September, Federal District Court Judge Lynn Winmill blocked the state from doing so, saying it violated their constitutional rights.
Those on the sex offender registry are limited in where they can live, what jobs they can hold and who they can interact with.
The injunction from Winmill suggested the men were “likely” to win their case in court and blocks the state from enforcing the law as litigation continues.
Sodomy laws were widely struck down by a U.S. Supreme Court decision in 2003, though Idaho’s was still on the books.
As Boise State Public Radio previously reported, 41 people were on Idaho’s sex offender registry for “crimes against nature,” according to Idaho State Police, which oversees the program, in December 2020.
The state appealed Winmill’s decision in October, but court documents show both parties will meet to potentially settle the case early next month.
That hearing is set for Aug. 2 at 9:30 a.m.
Follow James Dawson on Twitter @RadioDawson for more local news.
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