Gay Inmates Gain Conjugal Visitations in NY

It may be a little-known corner of the overall struggle for full-fledged equality before the law, but the issue of conjugal visits for gay inmates is slowly gaining ground. In 2007, California took the lead in extending such privileges; now, New York--which does not currently grant same-sex marriages, but which does recognize marriages granted out of state--is following suit, according to an April 23 New York Daily News article.

The new policy is a result of then-Gov. David Paterson's directive from 2008 that state agencies should recognize the legal relationships of couples joined in marriage or civil unions granted elsewhere. The state's current governor, Andrew Cuomo, is also a supporter of equality for GLBT individuals and their families.

Moreover, according to a spokesperson for the state's Department of Correctional Services, inmates who request temporary release on compassion grounds to be with terminally ill spouses will have their requests considered.

"If they seek a furlough based on the partner, it's likely it would be granted," the spokesperson, Peter Cutler, told the press.

The article noted that there had been a lag between Paterson's directive and the policy's implementation when it came to gay inmates. The article also said that out of nearly 70 prisons in the state, about 20 allow for conjugal visits. For the state to include gay inmates along with straights constitutes a positive development as GLBT equality continues to grow in public acceptance: The article noted that a recent poll showed a majority of New Yorkers--56%--support marriage equality for gay and lesbian families.

"The more the state is consistent with that status of law the better off we are,"
said the Empire Pride Agenda's leader, Ross Levi.

An April 23 Towleroad article said that, according to the regulations, only those inmates who are married or have entered a civil union are eligible for conjugal visits. Unmarried inmates are not.

Gay inmates in California were the first in the nation to gain conjugal visitation rights. In 2007, equality advocates pressured the state into granting the visits to inmates in domestic partnerships, based on a 2003 state law granting legal relationship parity to couples, gay and straight alike, in domestic partnerships, according to a June 3, 2007, New York Times article. Such visits were available only for inmates who were already in domestic partnerships before their incarceration.

That same year, gay inmates in Mexico gained conjugal visitation rights, according to a Wikipedia page on the subject. Brazilian and Canadian gay inmates are also accorded conjugal visits.

Such privileges are not extended to inmates in American federal prisons, according to the Wikipedia article.