Doe v. Hood

At a Glance

Date Filed: 

October 7, 2016

Current Status 

On October 10, 2018, Judge Reeves found that "the Mississippi anti-sodomy statute bars any act of sodomy.... [and] cannot be squared with Lawrence." The parties settled the claims of four of the five anonymous plaintiffs, which removed 24 others from the registration lists as well. The fifth plaintiff sought relief in state court, which was not opposed by the district attorney, and was also removed from the registration lists. The District Court ordered $362,921.03 in attorneys' fees. the state appealed to the Fifth Circuit, which summarily approved the award, noting "Mississippi’s Unnatural Intercourse Statute was rendered unconstitutional in the wake of Lawrence v. Texas, 539 U.S. 558 (2003)." 

Co-Counsel 

Jacob W. Howard, Robert B. McDuff, Matthew Strugar

Client(s) 

Arthur, Brenda, Carol, Diana, and Elizabeth Doe are all Mississippi residents who have been charged under Mississippi’s Unnatural Intercourse statute or Louisiana’s Crime Against Nature by Solicitation statute, and as a result were required to register with the Mississippi Department of Public Safety as sex offenders.

Case Description 

In 2003, in the landmark decision Lawrence v. Texas, the United States Supreme Court declared that state statutes that criminalize sodomy are unconstitutional. In its sweeping decision, the Supreme Court observed that the mere existence of sodomy laws “is an invitation to subject homosexual persons to discrimination both in the public and the private spheres.”

But more than a decade later, Mississippi still has an “Unnatural Intercourse” statute on the books – and is still enforcing that statute by requiring people with Unnatural Intercourse convictions to register as sex offenders. Doe v. Hood argues that Mississippi’s discriminatory Unnatural Intercourse statute, as well as its sex offender registration requirement, is unconstitutional.

The case reaches beyond Mississippi. In 2013, CCR successfully challenged Louisiana’s requirement that people convicted of Crime Against Nature by Solicitation (CANS) register as sex offenders. That litigation resulted in the removal of over 800 people from Louisiana’s sex offender registry. However, people with CANS convictions in Louisiana who subsequently moved to Mississippi are now being forced to register there as sex offenders all over again, because Mississippi requires people with out-of-state convictions that it deems equivalent to an Unnatural Intercourse conviction to register. Doe v. Hood also challenges the application of Mississippi’s unconstitutional Unnatural Intercourse statute to those with CANS convictions from Louisiana.

The case argues that Mississippi’s ongoing enforcement of its sodomy statute, over a decade after it was struck down by the Supreme Court, violates both due process and equal protection principles. After motions practuce, the parties agreed to a setlement resolving the cases of four of the five plaintiffs, and causing 24 others to be removed from the list as well. The fifth anonymous plaintiff was effectively told to first seek relief in state court, which he did; his motion for post-judgment relief in state court was not opposed by the district attorney, and he was also removed from the registration lists. 

The District Court ordered $362,921.03 in attorneys' fees. The state appealed to the Fifth Circuit, which summarily approved the award, noting "Mississippi’s Unnatural Intercourse Statute was rendered unconstitutional in the wake of Lawrence v. Texas, 539 U.S. 558 (2003)."

Case Timeline

April 11, 2023
Fifth Circuit approves fees, notes Unnatural Intercourse Statute unconstitutional
April 11, 2023
Fifth Circuit approves fees, notes Unnatural Intercourse Statute unconstitutional
The District Court ordered $362,921.03 in attorneys' fees. The state appealed to the Fifth Circuit, which summarily approved the award, noting "Mississippi’s Unnatural Intercourse Statute was rendered unconstitutional in the wake of Lawrence v. Texas, 539 U.S. 558 (2003)."
February 10, 2023
State files reply brief on appeal
February 10, 2023
State files reply brief on appeal
January 6, 2023
Plaintiffs file opposition brief on appeal
January 6, 2023
Plaintiffs file opposition brief on appeal
December 7, 2022
State files appeal of award of attorneys' fees
December 7, 2022
State files appeal of award of attorneys' fees
August 1, 2022
Judge's order on fees
August 1, 2022
Judge's order on fees
January 18, 2022
Reply to opposition to fees
January 18, 2022
Reply to opposition to fees
January 10, 2022
Opposition to fees
January 10, 2022
Opposition to fees
October 1, 2018
Judge Reeves issues an order setting a hearing for October 10, 2018
October 1, 2018
Judge Reeves issues an order setting a hearing for October 10, 2018
Judge Reeves finds that "the Mississippi anti-sodomy statute bars any act of sodomy.... [and] cannot be squared with Lawrence." The Court orders the parties to prepare oral argument regarding Doe's ability to seek state court relief.
June 15, 2018
The Plaintiff and Defendants each file a memo replying to the opposition to their motion for summary judgment
June 15, 2018
The Plaintiff and Defendants each file a memo replying to the opposition to their motion for summary judgment
June 1, 2018
The Plaintiff and Defendants file oppositions to the motions for summary judgment
June 1, 2018
The Plaintiff and Defendants file oppositions to the motions for summary judgment
May 10, 2018
A partial settlement agreement, which removes from the sex offender registry the plaintiffs who were on it based on a Louisiana Crimes Against Nature by Solicitation conviction, is finalized by Judge Reeves
May 10, 2018
A partial settlement agreement, which removes from the sex offender registry the plaintiffs who were on it based on a Louisiana Crimes Against Nature by Solicitation conviction, is finalized by Judge Reeves
May 8, 2018
Both the remaining Plaintiff and the Defendants submit summary judgment motions
May 8, 2018
Both the remaining Plaintiff and the Defendants submit summary judgment motions
June 2, 2017
Judge denies CCR's motion for summary judgment, motion for class cert, grants government's motion for discovery
June 2, 2017
Judge denies CCR's motion for summary judgment, motion for class cert, grants government's motion for discovery
In a separate order, the judge grants CCR's motion to for our clients to proceed under pseudonyms.
December 1, 2016
CCR files reply in support of summary judgment
December 1, 2016
CCR files reply in support of summary judgment
December 1, 2016
CCR files opposition to defendants' motion for discovery
December 1, 2016
CCR files opposition to defendants' motion for discovery
December 1, 2016
CCR files reply in support of proceeding under pseudonyms
December 1, 2016
CCR files reply in support of proceeding under pseudonyms
December 1, 2016
CCR files reply in support of class certification
December 1, 2016
CCR files reply in support of class certification
November 21, 2016
Defendants file opposition to class certification
November 21, 2016
Defendants file opposition to class certification
November 21, 2016
Defendants file opposition to pseudonymity motion
November 21, 2016
Defendants file opposition to pseudonymity motion
November 21, 2016
Defendants file opposition to summary judgment
November 21, 2016
Defendants file opposition to summary judgment
November 18, 2016
Defendants file motion for discovery
November 18, 2016
Defendants file motion for discovery
November 10, 2016
Amici file brief in support of CCR's motion for summary judgment
November 10, 2016
Amici file brief in support of CCR's motion for summary judgment
The DKT Liberty Project, The ACLU, GLAD, and Lamda Legal joined to file an amicus brief in support of plaintiffs' motion for summary judgment
November 3, 2016
CCR files motion to proceed under pseudonyms
November 3, 2016
CCR files motion to proceed under pseudonyms
November 3, 2016
CCR files motion to certify class
November 3, 2016
CCR files motion to certify class
November 3, 2016
CCR files for summary judgment
November 3, 2016
CCR files for summary judgment
October 7, 2016
Complaint filed
October 7, 2016
Complaint filed
CCR and co-counsel file a class action civil rights lawsuit challenging Mississippi's sodomy statute and its ongoing enforcement through the state's sex offender registry scheme.