NPR:Does Same-Sex Marriage Law Apply To Prisoners?

[flashl]

NPR

by Nancy Mullane

Day to Day, July 28, 2008 · When California legalized same-sex marriage a little more than a month ago, the state left things vague for one segment of the population: prison inmates.

What happens when same-sex inmates want to marry each other? It's a problem California prison officials are now trying to figure out.

...

Every year, Lt. Rudy Luna, assistant to the warden, performs more than 200 weddings in the prison's visiting area between male prisoners and women from the outside. Now that same-sex marriages are legal, Luna says the prison's policy is unclear.

...

"Everybody came to the conclusion that if those two prisoners want to be together, then those two prisoners should have the opportunity to be married and be together," Morgan says. "But we're not sure how the state would stand on that."

But he says he's certain someone is going to give it a try.

"We have no policy that would allow an inmate to marry another inmate," says Terry Thornton of California's Department of Corrections and Rehabilitation.

But Thornton adds that there's no policy that prevents it either: "There's no policy at all."

[Ian David]

1. What if someone commits a crime just so they can share a cell with their spouse? n/t

[rocktivity]

2. Only prisoners of love.

:evilgrin:
rocknation

[TechBear_Seattle]

3. The answer is easy: marriage is marriage

If inmates in California are allowed to be married, and if spouses have specific rights that are recognized by statute and common law, then that is that.

Next question, please. :hi:

[flashl]

4. That was my thought, but it seems the forces against prop 8 are searching for a wedge. nt

[TechBear_Seattle]

5. They ain't gonna get it, not on this issue

The state Supreme Court has ruled that same-sex couples have a basic right to marry. Once that is said, any effort to distinguish between the marriage rights of different sex couples and the marriage rights of same-sex couples is unconstitutional.

Imagine if, after Loving v. Virginia was handed down, Mississippi tried to claim that while interracial couples now had a right to marry in that state, that right did not extend to prison inmates. Imagine if they also claimed that interracial couples had no spousal rights or privileges if one of the partners was incarcerated even though same-race couples did. This is EXACTLY the same thing the bigots and Talibangelicals are attempting to do.

[SacredCow]

6. I agree, but they don't see it that way....

Love the "talibangelicals" by the way... I may have to borrow that! :hi: