ABA Journal


Civil Rights

What does federal recognition of same-sex marriage mean for prisoners?

Feb 11, 2014, 11:50 am CST


"Two inmates in a federal prison can marry, according to the post, so long as the prison is in a state that recognizes same-sex marriage."

Well, surely the Obama Administration can arrange a facility transfer to a state where the marriage would be legal? So I would think.

By B. McLeod on 2014 02 11, 12:23 pm CST

Given the marital privileges that protect against spousal incrimination, I imagine that most prisons will promptly separate any two cellmates who marry, and keep it that way. I could imagine even straight inmates wanting to take advantage of prison marriages.

By NoleLaw on 2014 02 11, 12:42 pm CST

How hilariously ridiculous would it be if we also allow polygamy and gang members all married each other and then claimed privilege? Or maybe a madam or pimp that married their "workers?"

By AzAttorney on 2014 02 13, 7:41 pm CST

A good argument can be made the whole concept of same-sex marriage originated among convicts in the U.S. Prison System, which couldn't be more apropos.

By Yankee on 2014 02 22, 1:02 pm CST

I don't think "good" means what you think it means.

By NoleLaw on 2014 02 22, 4:33 pm CST

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