California's legalization of same-sex marriage has left prison authorities trying to figure out whether they must allow inmates to marry each other.
Currently prisoners can marry someone from the outside, same or opposite-sex. Back in the days of man-woman marriage, California's proxy rule — which states that both parties must be present at a wedding — helped avoid the all-inmate wedding dilemma. Male and female inmates do not share prisons, thus they both could not attend.
Prison officials are wondering what to do when a same-sex incarcerated couple decides to test out the new law. Concerns likely to shape a newly created policy include conjugal visits, and the safety of the couple around other inmates. Since California's Supreme Court ruled that marriage is a civil right and not to be denied to same-sex couples, would it be disproportionate punishment to deny this right to all prisoners?









Full Circle
Sure if inmates can marry partners not incarcerated than they should be able to marry partners who are. Besides it will bring much needed romance to the phrase bend over b!+(#
1"Since California's Supreme Court ruled that marriage is a civil right and not to be denied to same-sex couples, would it be disproportionate punishment to deny this right to all prisoners?"
Yep. If they're allowed to marry people of the opposite sex from the outside, then they should now be able to marry people of the same sex as well.
I'd imagine the inmates themselves would have concerns about safety and etc. If they're still willing to go through with it, then let them.
2Brilliantly put Jude! If marriage is going to be given to inmates as a privilege, as has to be given to all alike.
3Talk about a double life sentence.
4I don't see how they can get married if both are in jail - i mean after the wedding in the jail yard and a reception in the cafeteria will they move into the same cell?
This could get yucky! I can see some constitutional argument about marriage being a fundamental right that should not be denied to a prisoner just b/c he wants to marry another prisoner.
5Umm...I see no why people can't get married in prison. I mean some people are even allowed to attend weddings for a day so why not their own?
6Umm...I see no why people can't get married in prison. I mean some people are even allowed to attend weddings for a day so why not their own?
7I think if they are allowed to marry outside the jail they can marry inside but they shouldn't be allowed to share a cell. Other inmates do not receive this privilege. I can also see safety issues for couples if they are given special treatment. Does California currently have conjugal visits for inmates?
8I would think post-wedding is when things get ugly Zeze. It wouldn't be fair to accomodate a couple of married prisoners beyond the steps taken to accomodate a couple who don't share the same prison. Meaning, they can have the same type of conjugal visits prisoners married to outsiders get - but not shared cells or anything else.
9That said though, I can see inmates suing because the prison is 'forcing' the couple to sleep with other people putting stress on the relationship!
10While I believe in their right to get married, they are being punished by being in jail. I think part of that punishment is not being with your partner (conjugal visits aside).
Are there any legal benefit to being married to someone else in jail? Perhaps inheritance rights?
I just can see how this could get messy. Sure someone might marry someone in jail, but will they stay married if one goes free and the other doesn't? What if one spouse dies in jail? Will the other have rights to their stuff on the outside?
Prison has its own culture. I could see someone being "forced" to marry someone else because of threats and attacks.
11hmmmm...I thought prison was about punishing people for the wrong they have done....can't they wait until they are released to do this?
12If getting married already is allowed for straight couples Something, then I think it has to be allowed for gay prisoners as well.
13But I was just wondering - if the thing about husbands and wives not being called to testify against each other thing could become a problem if you allowed prisoners to marry each other.
Huh. That is an interesting concern, steph--I hadn't thought about that before.
14Coral, I would think forced marriage could become an issue, especially if it could affect testimony or to give the stronger or smarter prisoner inheritance rights. It'd be really hard for the state to intervene in an engagement that prison officials thought was coerced.
15Could they associate with each other while on parole?
Maybe I'm mis/uninformed, but I don't understand why ANYONE is allowed to get married while they are in jail. Dude (or dudette lol), you're in jail!! It's not supposed to be fun/romantic/enjoyable. Save it for when/if you get released.
16I agree Meggy. Prison is about punishment and rehab. Marriage shouldn't be an option for two inmates.
17I agree also, Jail shouldn't be luxurious. You should be denied your civil rights until you've paid the time and earn them by being a decent law-abiding citizen.
18I agree! Although, if they are going to allow some straight people to marry in prison, they should allow all people to marry in prison. This makes me think of that woman who met a prisoner through writing him letters and then married him while he was still in prison. I will never understand some people.
19Two inmates should not be allowed to have a romantic relationship, let alone get married. Prison is a punishment, a place where criminals do penance for their crimes. It is inappropriate for them to be afforded the same rights and privileges as those who are not incarcerated.
20I didn't read all the comments first, sorry, but I'm with Meggy!
21Ugh. You're in jail!
No!
22I'm wondering if referring to a spouse as a "ball and chain" would apply in prison.
23Many prisons allow partners to live together anyway and for those that don't the prisoners keep it under the radar, so regardless of the label and ceremony of marriage they're still able to be together in many cases.
24Hypno - do they allow coed partners to live together?
25Yes, a lot do unless the documentary I saw on History channel was complete B.S. It's done on a case by case basis I'm sure.
26To answer a few questions above:
--no, coed couples cannot be housed together in CA. There is not a single coed prison in the state, so this would be impossible.
--Yes, inmates in CA prisons can get married. Inmates in jail (city or county) are generally not allowed to marry. Prison marriages generally take place in the visiting room during normal visiting hours, and the inmate's family pays for the minister, marriage licenses, etc.
--Yes, CA has congugal visits (called Family Visits). These are only allowed for spouses or immediate family (parents, children, siblings and grandparents). Unmarried inmates can only have a family visit with their immediate family.
Our constitution calls for equal protection. As long as men and women are allowed to marry while one is incarcerated, same sex couples must be allowed as well. Whether or not you agree with it, that is a basic premise of our constitution.
27I don't necessarily have a problem with two getting married, when only one is in jail. I have a problem with any two inmates getting married.
28Hey Dave, have you seen Harmony again since this afternoon? I haven't and I keep thinking I imagined it. I don't remember her being such a tease!
29I just checked her page(??) She was on about an hour ago. That's all I know.
30It is only fair that they allow same-sex marriage since they allow men and women to get married. However they shouldn't be able to marry someone within their prison; no one else can have their partner's with them in jail so this shouldn't be an exception.
However I feel that no one should be able to marry while in prison. Prison is for punishment and to strip most of them of any free person's rights. I do not mind them having life partners (opposite or same gender) however marriage is an right that I believe criminals do not deserve. Yet, I do not tote marriage as some great deal, life partner's tend to last longer (divorce rates are wild.) I just feel that if a person commits murder, they shouldn't have that right.
31My stste doesn't allow Cojugal Visits so No. Even if my state allowed Conjugal Visits,I'd say "No". I feel they should have to wait until they're released.
32I'm here.
33WOO HOO!!!
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