California Gay Inmates Approved for Conjugal Visits

California prisons will now be allowing gay and lesbian prisoners conjugal visits. Under a new prison policy this will be the first time in history that a state has allowed members of the same sex over night stays as reported by the New York Times.

The new prison policy comes after California law provided equal rights for all registered domestic partners including the same sex as well as non-married hetro-sexuals as reported by the New York Times.

There had been threats to sue by gay and civil rights groups to allow same sex conjugal visits before the new prison policy was announced. The Executive Director of Equality California told the New York Times "It's a little troubling that a state agency had to be threatened with legal action to obey state law", he also went on to add, " there was no justifiable excuse for not complying", as reported by the New York Times.

A spokeswoman for the Department of Correction and Rehabilitation told the New York Times that the reason for the pace being so slow for the policy to finally arrive was the fact that gay inmates are sometimes singled out for attack. And before anything could get approved, they had to make sure that all the security concerns were evaluated thoroughly. The Department of Corrections did not want to expose the gay or lesbians to any danger that may have existed, as reported by the New York Times.

Before the new prison policy, gay and lesbian prisoners were not allowed visits from their partners. This was only because spouses were the only ones recognized as their immediate family.

Since the 1970's conjugal visits have been allowed in California. Some of the visits are as long as 72 hours and do not always involve sex. Many visits include family members or the children of the prisoners. They are not exclusive to just conjugal activities, as reported by the New York Times.

Not all prisoners however get to have conjugal visits. There are four specific types of prisoners who are not allowed this special privilege. Death row inmates, sex offenders, prisoners who are serving life sentences with no parole and prisoners who have been violent with children or family members. Good behavior is a must with no infractions allowed. Only those who are registered as domestic partners can ask for the conjugal visit. And last but not least, regardless of status, no prisoners are allowed conjugal visits with another prisoner as reported by the New York Times.

Conjugal visits are only allowed in six states, California, Connecticut, Mississippi, New Mexico, New York, and Washington. Many of the prison officials believe that it reduces the stress of being a prisoner as well as keeping the prisoners connected to their families. However, those who oppose of the conjugal visits believe there is a greater risk for the potential to spread sexual diseases. There is also the money that needs to be spent to build the new areas for their over night visits which is just not there, as reported by the New York Times.

The legal director for The National Center for Lesbian Rights in San Fransisco, Shannon Minter to the New York Times, that is was "a great leap forward" but she also added that gay and lesbian prisoners were still to often a easy target of violence and discrimination.

SOURCE : Gay Inmates to be granted conjugal visits in California - Jesse McKinley - The New York Times