Yesterday lawyers for plaintiffs in Doe v. Jindal, the case challenging the requirement that individuals convicted under Louisiana’s Crime Against Nature by Solicitation (CANS) statute register as sex offenders, had their first opportunity to present legal arguments to U.S. District Court Judge Martin L.C. Feldman, who is presiding over the lawsuit.

Before a packed courtroom, Judge Feldman asked the government’s lawyers why Louisiana has two laws that criminalize offering oral or anal sex for compensation, with one requring registration as a sex offender while the other does not. He also questioned the fairness of continuing to require people convicted of CANS before August 15, 2011 – the date the recent change in the law eliminating the sex offender registration requirement for this offense takes effect – to register while those convicted after August 15, 2011 will not have to do so.

The judge then heard from plaintiffs’ lawyers, who argued that those left behind by the change in the law should no longer be forced to register because the registration requirement violates their constitutional right to be treated the same as others in the same circumstance. They emphasized that so long as people convicted under the Prostitution statute do not have to register as sex offenders, then it is unconstitutional to require people convicted under the CANS statute for engaging in the exact same acts to register. Plaintiffs’ lawyers also argued that the individuals who brought the lawsuit should be allowed to remain anonymous while the judge resolves the legal issues in the case.

At the end of the hearing the judge asked the lawyers for both sides to answer three questions in writing within a week. He then thanked those present in the courtroom for their interest in the case, and met briefly with the lawyers for both sides in his chambers.

The attorneys then met with community members and representatives from Women With A Vision, which has been spearheading organizing and advocacy around this issue over the past 3 years, and whose hard work to center and bring to the fore the voices of those directly affected by this unfair and unjust law sparked the litigation, as well as the Juvenile Justice Project of Lousiana, and Safe Streets and Strong Communities outside the courthouse. A ruling from the judge as to whether the case can go forward is expected in the coming months.