California Prisons Allow Same-Sex Partner Visits
A state wide policy change was requested by the Department of Corrections and Rehabilitation in response to letters of demands from American Civil Liberties Union, or the ACLU. These demands were on behalf of a gay man that was told by prison officials, domestic partners were not allowed to visit.
The letter from the ACLU to prison officials was sent on behalf of Vernon Foeller's registered domestic partner. He is serving 18 months for burglary.
The men contacted the ACLU when after their request for a family visit was denied even though they met all the other requirements for a family visit.
In the demand letter, the ACLU pointed out how illegal it was to continue to deny domestic partners family visitation rights, as California law says that domestic partners be treated the same as heterosexual married couples, as they have access to family visits. The Department of Corrections and Rehabilitations agreed to the ACLU's demand letter and let the couple visit in December of 2006.
The permission however was not statewide, and domestic partners of other gay and lesbian prisoners were still not allowed to visit under their family visit policies. How many gay prisoners this as affected is unknown.
The Department of Corrections and Rehabilitations proposed a change in regulations to allow domestic partners to have the same access to family visits as do heterosexual couples. However, they had to take another step first before implementing the change.
State law requires a public meeting to be held on the proposed change. This meeting was held Tuesday, but this was only mandatory, and meant nothing, as the law is now mandatory across the state because of the domestic partner law.
Alex Cleghorn, a staff attorney feels this is just one more way in which domestic partner laws fall short of marriage, as if he said he wanted to visit his spouse in prison, nothing would have been an issue. The issue wouldn't have needed to go any further.
Cleghorn is happy however, because allowing those serving prison sentences to have contact with those that care about them most; helps rehabilitate prisoners and keep their morale while behind bars high.
Foeller was released from prison on April 22, 2007.
Published by Traci Brown
Traci has a Bachelors of Science degree in Child Development and Family Studies. She is currently working as a Preschool teacher, an English tutor and as a writer online. View profile
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- Same-sex partners could not visit during family visits.
- The ACLU demanded this be changed.
- The change is now statewide and mandatory.
5 Comments
Post a CommentFair is fair, just wondering why someone couldn't wait 18 months to be free and available to a partner. Thanks for sharing, very informative.
PTLeena--lots of requests for conjugal visits from your prison girls?
great article!!!!
Everyone should be able to see their partner. Telling a gay person that they cannot see their partner is just like telling a straight man that he cannot see his wife. We are all equal gay or straight. And if a straight man in prision can see his wife, and a straight woman in prision can see her husband, the an gay man or woman should be able to see their parters. Good article.
Oh - why not?