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LGBTQ+ People in Prison For anyone that has a same sex partner, family member, friend or Pen Pal in prison that is Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual, Pansexual, or Omnisexual

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Old 04-24-2019, 11:43 AM
Lhurst Lhurst is offline
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Default Federal prison: if 2 inmates are in separate prisons, can they get married?

Hi there!

I am friends with someone in a federal prison who has a question about him and his partner. His partner was recently transferred to a different prison. They were trying to get married while they were at the same prison but it didn't happen in time.

He wants me to find out if there is any way they can still get married, even though they are inmates at separate prisons?

I very much assume the answer is: NO they cannot get married, but he asked me to research this question so I want to do this for him. Any knowledge on this topic would be extremely helpful, even if it is an explanation of why the answer is no! And this is for the federal prison system.

Thank you!
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Old 04-24-2019, 11:55 AM
fbopnomore fbopnomore is offline
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I bet the problem will be that one of them would have to move, at least temporarily, or they would have to be married in abstentia. To find out for sure, both of them need to inquire at their own prisons, but it seems unlikely that the bop would agree.
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Old 04-28-2019, 09:42 AM
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Taliba00 Taliba00 is offline
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Right. In a prison maeeiage, one partner needs to be free to make the paperwork arrangements, i.e., obtain the marriage certificate at the county clerk's office with the absent partner's written consent, etc. I am not aware that any clerk would issue a license to a third party. Even if that could be made to happen, the wedding would have to be one by proxy (since one of them would be missing from the ceremony), so it would need to happen in a state that recognizes proxy marriage.

Beyond that, there are many states that don't recognize same-sex unions, and/or have statutes prohibiting the recognition of a same-sex union from a state which allows it. If one of the partners was moved to such a state, then the marriage, even if executed in one state, would be void in the other.
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Old 04-28-2019, 11:12 AM
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maytayah maytayah is offline
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I strongly suspect the answer is no. As they would need to get the paperwork and marriage licences are not normally issued without at least one party to the marriage being present. I obtained mine with my husband absent but I had to take a notarised affadavit with me saying that he agreed to the marriage and giving all his details.

Then unless the state allowed self solemnization or proxy marriage they would both need to be present at a ceremony with an officiant present. That would mean one of them moving with permission of the FBOP.

If possible they should wait until one or both is released.
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