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Doe v Tandeske

3-17-2004 Alaska:

Doe v Tandeske
No. 99-35845.

This is the second time this case has been before this court. See Doe v. Otte, 259 F.3d 979 (9th Cir.2001), rev'd and remanded, Smith v. Doe, 538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003). The first time, we overturned the district court's grant of summary judgment to the State and held that Alaska's sex offender registration and notification statute, 1994 Alaska Sess. Laws 41, violated the Ex Post Facto Clause as to plaintiffs who were convicted of crimes before the enactment of the statute. Otte, 259 F.3d at 979. Our resolution of the Does' ex post facto claim made it unnecessary for us to decide at that time whether the Act violated plaintiffs' procedural and substantive due process rights. Id. at 982. However, the subsequent reversal of Doe v. Otte by the Supreme Court in Smith v. Doe now requires us to address those claims. The facts and the discussion of the relevant statutory provisions are set forth in Doe v. Otte, and accordingly, we proceed directly to our analysis.

... ... ...

While fundamental liberty interests require that any state infringement of these rights be "narrowly tailored to serve a compelling state interest," state actions that implicate anything less than a fundamental right require only that the government demonstrate "a reasonable relation to a legitimate state interest to justify the action." Glucksberg, 521 U.S. at 722, 117 S.Ct. 2258 (emphasis added). As the Court has already determined in Smith, the statute's provisions serve "a legitimate nonpunitive purpose of `public safety, which is advanced by alerting the public to the risk of sex offenders in their community.'" Smith, 538 U.S. at 102-03, 123 S.Ct. 1140. Moreover, the Court held, the "broad categories" of offenses differentiated in the Act and the "corresponding length of the reporting requirement, are reasonably related to the danger of recidivism, and this is consistent with the regulatory objective." Id. at 102, 123 S.Ct. 1140. Thus, although the Does possess liberty interests that are indeed important, Smith precludes our granting them relief.
Because we do not believe that Glucksberg and Smith permit us to reach any other result in this case, we conclude that the Alaska law does not violate the Does' rights to substantive due process.


For the foregoing reasons, we AFFIRM the district court's entry of summary judgment for the State.

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