834 F.3d 696 (6th Cir. 2016)
Michigan’s registry had grown so burdensome that it became punishment — the first federal appeals court to say so after Smith v. Doe.
Good law. Still followed. Later cases may have narrowed it — see Scope. Binds federal courts in its circuit only. Persuasive, not binding, everywhere else.
Michigan’s Sex Offenders Registration Act had been amended repeatedly, notably in 2006 and 2011, adding student safety zones barring registrants from living, working or loitering within 1,000 feet of a school, frequent in-person reporting, and lifetime registration tied to the offense rather than risk. Registrants convicted before the amendments sued.
The Sixth Circuit held that applying the 2006 and 2011 amendments retroactively imposes punishment and violates the Ex Post Facto Clause. The court found the scheme resembled banishment and parole, lacked evidence it improved public safety, and was excessive in light of any regulatory purpose. The Supreme Court declined review on October 2, 2017.
It showed that Smith v. Doe does not protect every registration scheme. As laws grow heavier, they can cross the line into punishment. Snyder led to further litigation, Michigan’s 2021 rewrite, and the state supreme court’s decisions in Betts and People v. Smith.
It judged Michigan’s law as it stood before 2021, and it binds only federal courts in its four states. Because the ex post facto ruling resolved the case, the court did not reach the vagueness and First Amendment claims.
Last verified against the sources above on September 30, 2026.
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