But on Tuesday, Judge Dana L. Christensen, who was nominated by President Barack Obama, said that the Montana statute that required Mr. Menges to register as a sex offender had caused him “significant” hardships, like being denied housing and employment.
Judge Christensen said that the harm Mr. Menges suffered under Montana’s statute outweighed the public’s interest in keeping his name on the registry.
“Under Montana’s constitutional scheme, having consensual intimate sexual contact with a person of the same sex does not render someone a public safety threat to the community,” he wrote. “Law enforcement has no valid interest in keeping track of such persons’ whereabouts.”
The ruling applies only to Mr. Menges’s case, but Anthony Johnstone, a professor at the University of Montana Alexander Blewett III School of Law, said it could serve as a road map for people convicted under similar circumstances.
“The decision suggests that states cannot require sex-offender registration based on convictions under outdated and now unconstitutional ‘crimes against nature’ laws,” he said.
In 1993, Mr. Menges was living in a foster program at a ranch in Gem County and stayed on as an employee when he turned 18. Two months later, the police learned that he had had sex with two other teenagers, both 16, at the ranch. The age of consent in the state was 16.
“The Gem County police reports reflect that the sex was consensual,” according to Mr. Menges’s lawsuit. Still, he was charged with one count of a “crime against nature” and sentenced to five to 10 years in prison.