Another Amicus Brief Filed in Henry – and this one is novel!

Seventeen legal scholars have filed an amicus brief in the Henry case. In case you’ve not been following our legal updates, Henry is the case challenging an Alabama law that prevents a registrant from living with a minor – even if that minor is his own child.

What distinguishes this brief from most others we read is that this brief doesn’t argue about how the law impacts the fundamental rights of the registrant – irrespective of the merits, justices may still not care. This brief argues that the fundamental rights of Henry’s son are violated by the law! “As this Court considers the matter en banc, Amici write in support of Mr. Henry to explain how this provision of the Alabama Sex Offender Registration and Community Notification Act (“ASORCNA”) also violates a fundamental constitutional right held by Mr. Henry’s now-four-year-old son: the right to family integrity and, more specifically, his right to live with his father.”

It’s certainly novel to come across a pleading that focuses on the child’s rights, which in many of these cases is ignored. As the Amici argue, “the application of procedural due process requires that a child be given an opportunity to contest separation from their parents”.

They also point out that “[i]n effect, the child is punished for their parent’s offense — a punishment that can extend long after the parent has served their sentence and reintegrated into the community.” This makes us think of the many ways parents, spouses, and children are punished every day. If a residency restriction prevents a registrant from living with an elderly parent to help take care of them, that’s punishing the parent. If a registrant can’t help with family chores because of a proximity ordinance, that places a lot of extra burden on the spouse. If a registrant has to post a sign on Halloween or can’t decorate the house for Christmas, that punishes the whole family.

You can read the brief here.