Comments on Dorf on Law: Can Sex Offenders Be Barred From Church?

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Mike, in this last comment you've now altered ...

2009-10-26T18:46:57.654-04:00

Mike, in this last comment you've now altered your phrasing to be more precise when speaking of a "compelling interest in protecting children from sexual predators." But your main post references "a compelling interest in keeping registered sex offenders away from children."

The main point of my comment was to suggest more attention to the significant distinction between "registered sex offenders" and "sexual predators." Of course, even "sexual predator is a vague and tricky term --- might one sensibly view Roman Polanski and Mike Tyson and Bill Clinton to be "sexual predators"?

In addition, I see a very important conceptual difference between "protecting children" from something potentially risky and "keeping children away" from something potentially risky. (E.g., we all likely want to protect children from getting hurt while on swingsets, but I doubt many want to keep children away from swingsets.)

I wish the public would be more precise with their use of these various terms, and I am pleased to see your clarification via the comments.

Let me echo Eric Garber's reply on my behalf. ...

2009-10-26T12:17:48.990-04:00

Let me echo Eric Garber's reply on my behalf. If the category of "registered sex offender" is defined so broadly as to include many people whose offenses did not involve predation (such as people with convictions for statutory rape of consenting 17-year-olds), as it is in many states, then the application of a state law to bar such a person from a house of worship would not be narrowly tailored to advance the compelling interest in protecting children from sexual predators.

Notwithstanding your cogent analysis of the Court&...

2009-10-26T12:06:23.925-04:00

Notwithstanding your cogent analysis of the Court's free-exercising balancing act, I believe this entire debate will come down to common sense. The problem we face as a nation is that the label "sex offender" has become synonymous with "child predator". The media (as well as John Walsh, Oprah, Dr. Phil, et al.) are largely to blame for their constant interchangeable use of the terms "sex offender" with "predator"--which you well know are legally distinguishable. SCOTUS has even crafted a test to apply in determining who is, and who isn't, a predator.

I am a registered sex offender. I am not a predator. There is no rational justification from either keeping me out of a house of worship or in keeping me out of the pulpit. The very idea that someone can "prey" on a child during the course of a worship-service is absolutely ridiculous. And, I feel certain most appellate courts will naturally agree.

>>More fundamentally, are you suggesting tha...

2009-10-26T10:32:53.639-04:00

>>More fundamentally, are you suggesting that any and all registered sex offenders could be categorically prohibited from ever going to a public sporting event or a political rally or a movie or even walking down the street because children might possibly be at the event or at the rally or at the movie or on the street?

As I read the post, I think Mike was only answering the first question -- i.e., does the state have a compelling interest in keeping offenders away from children? Even if the answer there is "yes", you still have to contend with the second prong: making sure any action is narrowly tailored.

So in the end, outright bans at sporting events, etc. would arguably NOT be narrowly tailored; but requiring other adults (or maybe a court-appointed designee) to be there with him could be.

2009-10-26T10:29:15.141-04:00

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2009-10-26T10:26:28.498-04:00

This comment has been removed by the author.

An Open Letter to the Church and Ministers - A Hom...

2009-10-25T18:59:51.405-04:00

An Open Letter to the Church and Ministers - A Home Missions Project

http://tinyurl.com/yzguqzr

2009-10-25T18:00:47.983-04:00
http://sexoffenderissues.blogspot.com

See more here:

http://sexoffenderissues.pbworks.com/My-Thoughts-About-The-Sex-Offender-Laws

I am totally against ANY form of abuse to any human being. And I believe anyone who murders another human being should be in prison for the rest of their life (until they die). I do not believe in the death penalty for anyone. Also, I believe that once a person has been in and out of prison and has served their probation and parole, done everything required of them, and what was signed on the "contract" when they took the plea, none of this should be required of them, none of it. The state cannot tear up a contract like this, which they are basically doing, it's unconstitutional. Many people, if they had known they would be faced with all this, they would have NOT taken a plea deal. And the courts are very aware of this and this is why they made it retroactive; thus violating ex-post facto laws! They should be allowed to get on with their life as if nothing happened. I'm not saying for it to be removed from their record, but, the crime should be removed from public view and background checks, they should not have any more restrictions, shaming, etc. If they commit another crime, then they face a lot more punishment, like everything else is treated.

When an ex-offender is forced to move from his/her home, thus having to sell it, cannot find another home within the law due to the residency "buffer" zones, get fired from their jobs due to being on the registry, cannot find a new job due to being on the registry, their husband/wife lose their jobs due to a significant other being on the registry, their children lose their friends and are harassed and bullied in school due to a family member being on the registry, thus destroying the children's lives, ex-offenders are forced into homelessness and to live under bridges, harassed by police, neighbors and probation/parole officers, have to wear "I'm a sex offender T-shirt" or have a neon green license plate on ALL their cars, have "sex offender" on their drivers license and forced to renew their licenses every year, forced from shelters during tornadoes or hurricanes, cannot give blood at some places due to being discriminated against for being on the sex offender registry, denied housing due to being on the registry, signs placed in their yards inviting harassment and ridicule from the neighbors, forced to move when the neighbors start picketing outside the ex-offenders home, the list is endless.

I THINK THIS IS CRUEL AND UNUSUAL PUNISHMENT, BEYOND THE EXTREME!

Mike, you say: "Is there a compelling interes...

2009-10-25T17:51:23.196-04:00

Mike, you say: "Is there a compelling interest in keeping registered sex offenders away from children? Of course."

Is "compelling interest" analysis this easy? Some "registered sex offenders" have not harmed a child and likely pose no special threat to children. Do states so obviously have a "compelling interest" keeping these kinds of registered sex offenders away from all children in all settings?

More fundamentally, are you suggesting that any and all registered sex offenders could be categorically prohibited from ever going to a public sporting event or a political rally or a movie or even walking down the street because children might possibly be at the event or at the rally or at the movie or on the street?

I have a hard time seeing a rational basis for excluding all sex offenders from all churches at all times, but maybe this is because I am disinclined to view all sex offenders as a clear and present danger to every child nearby.