LANSING, Mich. (Michigan News Source) – The clock is ticking. Unless a federal court ruling is overturned or delayed – or Michigan legislators step in – 30,000 convicted sex offenders in Michigan will not appear on the state’s Sex Offender Registry starting July 21.
Federal Judge Mark A. Goldsmith, a U.S. District Judge in the Eastern District of Michigan, had ruled in September of 2024 in Does v. Whitmer that parts of Michigan’s 2021 Sex Offender Registration Act (SORA) violate constitutional protections. The lawsuit argues that Michigan’s Sex Offender Registration Act (SORA) violates several constitutional rights.
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The plaintiffs in the case are 10 anonymous sex offenders and representing them is the ACLU of Michigan. The defendants in the case are listed as Governor Gretchen Whitmer and (former) Michigan State Police Director Col. Joseph Gasper in their official capacities.
What is the lawsuit about?
Some of the things argued by the plaintiffs in the lawsuit as being unconstitutional involve punishing people retroactively by forcing them to follow new rules – like lifetime registration – even if their crimes happened before the law changed in 2011, which goes against the Constitution’s ban on ex post facto laws. The lawsuit also argues that the law treats everyone the same, requiring long-term or even lifelong registration without looking at whether someone is actually a threat to public safety, violating their rights to due process and equal protection.
Another argument by the plaintiffs is that SORA forces people to publicly share personal details under vague and confusing rules, which can chill free speech and violate the First Amendment. Last, but not least, the plaintiffs argue that law wrongly labels some individuals as sex offenders even when their crimes weren’t sexual in nature – like in the case of one plaintiff convicted of kidnapping – again violating due process and equal protection under the law.
Judge’s ruling unravels registry for thousands.
In April of 2025, Judge Goldsmith released his final judgement in Does v. Whitmer. Because of the ruling, if someone committed a sex crime before July 2011, or in another state without a Michigan court confirming their obligation to register, Michigan will no longer have the authority to keep them on the list.
The Sex Offender Registry is a public database that tracks individuals convicted of sex crimes, helping residents stay informed about potential threats in their neighborhoods. Many parents, schools, vacationers, and community members rely on the registry to monitor whether convicted sex offenders are living nearby. It includes names, photos, addresses, and conviction details – making it a crucial tool for public safety and awareness.
Federal ruling opens the floodgates.
In addition to the 30,000 registrants who will be removed, about 3,000 additional offenders who committed offenses out of state will be exempt from the list unless a Michigan court specifically rules their conviction is similar to a Michigan crime. Unless this court order is stayed, the changes take effect June 21, potentially making Michigan a safe haven for former and out-of-state offenders.
Lawmakers vote on changes.
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In a rare show of bipartisanship, lawmakers in the Michigan Senate just passed Senate Bill 424 in a 20-4 vote in favor of legislation to make changes to registry rules. Introduced by Senator Sam Singh (D-East Lansing), the bill aims to give the state a brief window to request changes to the judge’s order and push back the compliance deadline, aiming to stop the removal of roughly 34,000 names from the registry.
To stall the removal of offenders from Michigan’s registry under Judge Goldsmith’s order, the Senate bills would also let individuals with out-of-state convictions petition a circuit court to determine if they must register. The bills would also eliminate certain retroactively applied reporting rules for pre-2011 registrants and allow them a chance to exit the registry after 25 years.
The legislation now moves on to the House for consideration.
Bottom line.
If lawmakers don’t act soon, the state could be forced to comply with the federal ruling, even as appeals are pending. In that case, Michigan could shift from monitoring sex offenders to offering them a haven to disappear – no questions asked.
For many survivors, this would feel like being victimized all over again. It would also unravel some plea deals that included the promise of having the offender remain on the registry. Whether SORA remains a tool for public safety or fades into irrelevance rests in the hands of the state’s leaders and the courts.
