page_title: Constitutionality of sex offender registries in the United States
section_title: Underlying U.S. Supreme Court findings
hierarchical_section_title: Constitutionality of sex offender registries in the United States / Underlying U.S. Supreme Court findings
caption_attribution_description: English: Anthony Kennedy, Associate Justice of the Supreme Court of the United States
context_page_description: Constitutionality of sex offender registries in the United States have been challenged on a number of constitutional and other bases, generating substantial amount of case law. The Supreme Court of the United States has upheld sex offender registration laws each of the two times such laws have been examined by them. Those challenging the sex offender registration and related restriction statutes have claimed violations of ex post facto, due process, cruel and unusual punishment, equal protection and search and seizure. A study published in fall 2015 found that statistics cited in two U.S. Supreme Court decisions that are often cited in decisions upholding the constitutionality of sex offender policies are unfounded. Several challenges to some parts of state level sex offender laws have been honored after hearing at the state level.
context_section_description: Two U.S. Supreme Court decisions have been heavily relied upon by legislators, and other courts in their own constitutional decision, mainly upholding the registration and notification laws. In McKune v. Lile, 536 U.S. 24, 33 (2002) the Supreme Court upheld, in a 5-4 plurality opinion, a Kansas law that imposed harsher sentences on offenders who refused participating in a prison treatment program. In justifying conclusion, Justice Kennedy wrote that sex offenders pose "frightening and high risk of recidivism", which, "of untreated offenders has been estimated to be as high as 80%." This claim has been proved as false by scholars.
  In following year, in Smith v. Doe, 538 U.S. 84 (2003), the Supreme Court upheld Alaska's registration statute, reasoning that sex offender registration is civil measure reasonably designed to protect public safety, not a punishment, which can be applied ex post facto. Now Justice Kennedy relied on this earlier language of McKune v. Lile and wrote:
  Alaska could conclude that a conviction for a sex offense provides evidence of substantial risk of recidivism. The legislature’s findings are consistent with grave concerns over the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The risk of recidivism posed by sex offenders is "frightening and high." McKune v. Lile, 536 U. S. 24, 34 (2002)...
  — Justice Anthony Kennedy, Smith v. Doe, 538 U.S. 84 (2003)
caption: Anthony Kennedy, Associate Justice of the Supreme Court of the United States
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