851 F. Supp. 2d 995
E.D. La.2012Background
- Nine plaintiffs convicted of Crime Against Nature by Solicitation (oral sex for money) challenge Louisiana sex-offender registry requirement imposed solely on that conviction category.
- They allege no registration burden for similar conduct under the Prostitution statute, creating an Equal Protection violation.
- Legislative changes between 2010 and 2011 equalized penalties but did not retroactively apply to pre-August 15, 2011 convicts; post-August 15, 2011 convicts of CANS face no registry, unlike pre-2011 convicts.
- Prostitution statute covers solicitation of indiscriminate sexual intercourse; CANS statute criminalizes solicitation of any unnatural carnal copulation; both statutes target similar conduct but different registration consequences.
- Plaintiffs sue Governor and state officials under §1983 seeking declaration, removal from registry, expungement, notification, cessation of similar registrations, and attorney’s fees.
- Court grants summary judgment for plaintiffs on Equal Protection claim after standing and merits analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether registration for CANS convicts violates Equal Protection | Plaintiffs: no rational basis; treated differently from Prostitution convicts for identical conduct. | Defendants: statutes punish different conduct; rational basis exists. | Yes; no rational basis; violates Equal Protection. |
| Do plaintiffs have standing to challenge the registry requirement | Plaintiffs have concrete, particularized injuries from registry. | Defendants contest standing based on convictions. | Plaintiffs have standing. |
| Rule of decision for rational-basis review in this context | Equal protection requires equal treatment for identical conduct. | Classification presumed rational; burden on plaintiffs to show no rational basis. | Classification irrational; violates Equal Protection. |
Key Cases Cited
- Eisenstadt v. Baird, 405 U.S. 438 (U.S. Supreme Court, 1972) (unmarried and married alike; underinclusion invalid under EP)
- City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (U.S. Supreme Court, 1985) (classification must be rationally related to legitimate state interests)
- Romer v. Evans, 517 U.S. 620 (U.S. Supreme Court, 1996) (rational basis review for non-suspect classifications)
- Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535 (U.S. Supreme Court, 1942) (strict critique of unequal burden for same offense)
- Baxley v. State, 656 So.2d 973 (La. 1995) (state court on facial application; limits federal direction)
- State v. Smith, 766 So.2d 501 (La. 2000) (definition of unnatural carnal copulation in Louisiana)