Disir
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New Texas law halts prison proxy weddings | www.statesman.comLIVINGSTON, Texas
Christopher King can't get married, at least not while he's confined to a Texas prison.
The convicted car thief and his fiancee are prevented from tying the knot because of a new state law that bans proxy marriages, which were common among prisoners because they allowed a couple to use a stand-in for the inmate.
But the new law requires both parties to be present during a marriage ceremony, and the Texas prison system doesn't allow ceremonies in its facilities.
The law was meant to stop people from fraudulently marrying an individual and cashing in on their unwitting spouse's benefits. But it also unintentionally affects prison inmates, which may conflict with U.S. Supreme Court rulings decades ago that upheld a prisoner's right to marry.
"I don't think (prison officials) should put a hold on someone's love," King, who has spent more than eight years in prison, said from his prison in Beaumont.
Before the law took effect in September, a prisoner could get married by having someone else, a proxy, stand in and exchange vows during a ceremony before a justice of the peace. Now, both parties must attend the ceremony, meaning inmates sentenced to life in prison or death can't marry at all.
Officials with the Texas Department of Criminal Justice say the prison system has no plans to change its rules, deeming such prison ceremonies a security risk. And those who pushed for the new law say a change is unlikely without a legal challenge, which currently doesn't exist.
The U.S. Supreme Court has addressed the question at least twice in a Wisconsin case in 1978, and 11 years later in a Missouri prisoner's case upholding the right to marry.
"A ban on proxy marriages that completely deprives prisoners of the right to marry is therefore unlikely to survive constitutional scrutiny," said Rebecca Robertson, legal and policy director for the American Civil Liberties Union of Texas. "Marriage is profoundly important, at the heart of our most personal and intimate relationships. That's why the right to marry has long been recognized as a fundamental right for everyone, even for prisoners."
Until they were outlawed, proxy marriages were a regular occurrence at the Polk County courthouse, which is a few miles from the prison system's Polunsky Unit that houses nearly 3,000 inmates, including almost 300 who are on death row.
I bet this is going to be temporary.