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Conjugal Visits Could Test the Limits of the Fourteenth Amendment's Equal Protection Clause

NCJ Number
Criminal Justice Studies Volume: 24 Issue: 4 Dated: December 2011 Pages: 381-393
Naoki Kanaboshi; James F. Anderson
Date Published
December 2011
13 pages
This article discusses same sex marriages and conjugal visits.
Recently, several States have legalized same sex marriages. This will undoubtedly affect the criminal justice system in general, but its presence will probably first be experienced in corrections. It is widely known that some prisons allow inmates to participate in conjugal visits with their spouse. How will this practice be impacted by same sex marriages in those States which allow conjugal visits? Will prison officials be legally responsible for extending visitation to same sex spouses or can they legally exclude married homosexuals from participation? (Published Abstract)