Prisoners Have Right to Marry

By · Thursday, March 12th, 2009
Marrying Carole in Fort Dix's visiting room

Marrying Carole in Fort Dix's visiting room

Molly Woods asked me some questions about people who marry in prison. I am thrilled to talk about prison marriages, as I married Carole in a prison visiting room. My marriage to her has been the greatest blessing in my life. Our relationship inspires me to work harder to prepare for the obstacles I must overcome once my prison term ends.

The U.S. Supreme Court has held that all prisoners who are not serving life sentences have a constitutionally protected right to marry. The reasoning Supreme Court Justices used in affirming this right to marry was that marriages did not interfere with the orderly running of the prison, and that strong family ties could lead to more successful re-entry. Further, marriages may provide couples with access to more legal rights, such as issues pertaining to taxation or property or government benefits.

Despite the clear legal right prisoners have to marry, some prison administrators discourage the practice. The administrators must set the time and place to marry. If they refuse, the prisoner must initiate legal proceedings. The Supreme Court ruling on this issue ensures that the prisoner would prevail on such a legal challenge, though many prisoners lack the skills to bring forth such a challenge.

My mother and sister with Carole

My mother and sister with Carole

When Carole and I married, my mother and sister flew in from out of state to witness the ceremony. The rules required that I had two witnesses present for the wedding ceremony, but they would not allow me to have more. The warden at a given institution would set the policy for inmate marriages. In our case, Carole and I felt grateful that we were able to formalize our commitment to each other.As a married couple, Carole has a priority to visit me. I have been held in prisons where only immediate family members were allowed to visit. We were not given extra time together, privacy, or any other privileges. Our marriage only provided us with the privilege of visiting if visiting was authorized in the institution.

With my wife, Carole

With my wife, Carole

Despite our marriage, administrators have repeatedly transferred me to prisons across state lines. As Congress found in The Second Chance Act, prison administrators do not take family into consideration or support family ties. Carole and I focus on the importance of or family, and we make all of our decisions with consideration on the importance of our love, our romance, and our commitment to building a thriving marriage in spite of the many obstacles that accompany my imprisonment. 

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