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| Must Arizona allow same-sex prison inmates to marry? |
| By azcentral.com- EJ Montini |
| Published: 11/19/2014 |
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So, now that same-sex marriage is legal in Arizona should prison inmates be permitted to marry. Given the law MUST they be permitted to do so. That is the position of Donna Leone Hamm, the director of Middle Ground Prison Reform, a long-time advocate for the incarcerated. In a letter to Arizona Department of Corrections Director Charles Ryan, Hamm writes, "The current Arizona Department of Corrections policy, Director's Order 904, at 904.07, 1.2.1, limits marriage to 'a member of the opposite sex.' This policy is inconsistent with the State of Arizona which now recognizes same-sex unions. In addition, the Department's policy on marriage is illegal at 1.2.1.4, which states that an inmate may not marry another inmate. The protections afforded to inmates with respect to the right to marry include the emotional, psychological, societal, legal and spiritual aspects of marriage, independent of physical contact. Absent compelling, highly individualized state interests applicable to a particular marriage application, the Department may not restrict inmate marriages, including inmate-to-inmate unions." Read More. |
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