Does a prisoner inmate have the right to marry?
Full Question:
I am a Nevada citizen. I want to marry my boyfriend who is serving a misdemeanor sentence at the Clark County detention Centre, Las Vegas. I wish to know whether a prisoner has the right to marry. What can I do if the jail authorities oppose the marriage?
11/28/2016 |
Category: Marriage |
State: Nevada |
#27253
Answer:
“1. Except as otherwise provided in this section, a male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.
2. A male and a female person who are the husband and wife of each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.
3. A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:
(a) Either parent; or
(b) Such person's legal guardian.1861, p. 94; 1867, p. 88; 1891, p. 15; 1947, p. 445; CL 1929 (1949 Supp.), § 4051; 1961, p. 357; 1973, p. 1578; 1975, p. 1817; 1977, p. 279; 1981, p. 678; 2009, ch. 336, § 1.9, p. 1503.”
2. A male and a female person who are the husband and wife of each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.
3. A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:
(a) Either parent; or
(b) Such person's legal guardian.1861, p. 94; 1867, p. 88; 1891, p. 15; 1947, p. 445; CL 1929 (1949 Supp.), § 4051; 1961, p. 357; 1973, p. 1578; 1975, p. 1817; 1977, p. 279; 1981, p. 678; 2009, ch. 336, § 1.9, p. 1503.”
Also, the state of Nevada provides that a prison director has the power to facilitate any religious ceremonies such as marriage per Nev. Rev. Stat. Ann. § 209.131. It reads:
“***
10. Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.1977, p. 846; 1983, p. 719; 2001, ch. 95, § 1, p. 574; 2013, ch. 102, § 2, p. 346.”
In Salisbury v. List, 501 F. Supp. 105, 1980 U.S. Dist. LEXIS 14887 (D. Nev. 1980) the U.S. District Court for the District of Nevada held that:
“The power to regulate marriage is a sovereign function retained by the states; it has not been granted to the federal government; nevertheless, the extent of state regulation is subject to constitutional limitations. A state may deny the right to marry only for compelling reasons; thus, a prison regulation which limited prisoners' rights to marry was an unconstitutional interference with the fundamental right to marry where the state could not demonstrate a compelling reason in terms of security, order, or discipline.”
10. Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.1977, p. 846; 1983, p. 719; 2001, ch. 95, § 1, p. 574; 2013, ch. 102, § 2, p. 346.”
In Salisbury v. List, 501 F. Supp. 105, 1980 U.S. Dist. LEXIS 14887 (D. Nev. 1980) the U.S. District Court for the District of Nevada held that:
“The power to regulate marriage is a sovereign function retained by the states; it has not been granted to the federal government; nevertheless, the extent of state regulation is subject to constitutional limitations. A state may deny the right to marry only for compelling reasons; thus, a prison regulation which limited prisoners' rights to marry was an unconstitutional interference with the fundamental right to marry where the state could not demonstrate a compelling reason in terms of security, order, or discipline.”
Therefore, a person in jail has the fundamental right to marriage. The prison director or other jail authorities cannot oppose the marriage because it amounts to an unconstitutional interference with the prisoner’s fundamental right.
