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Right to Marry

By: Derek Hawkins//August 19, 2015//

Right to Marry

By: Derek Hawkins//August 19, 2015//

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Civil

7th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and BAUER and RIPPLE, Circuit Judges

Right to Marry

No. 14-2910 Rebecca Riker v. Bruce Lemmon

Appellant petition to marry inmate improperly denied by DOC.

“Notably, the record does not reveal why prison officials would have difficulty monitoring the marriage ceremony to ensure that Ms. Riker does not violate prison regulations or relay sensitive information to Vest. See Turner, 482 U.S. at 90 (noting that “the existence of obvious, easy alternatives may be evidence that the regulation is not reasonable”). The Department offers no explanation for why it could not permit Ms. Riker’s marriage request while simultaneously maintaining a secure facility. It is implausible to suggest, without some supporting evidence, that a brief marriage ceremony cannot be accommodated without threatening institutional security and without imposing more than a de minimis impact on prison resources. Indeed, Ms. Riker submits that the ceremony would “last but a brief few Notably, the record does not reveal why prison officials would have difficulty monitoring the marriage ceremony to ensure that Ms. Riker does not violate prison regulations or relay sensitive information to Vest. See Turner, 482 U.S. at 90 (noting that “the existence of obvious, easy alternatives may be evidence that the regulation is not reasonable”). The Department offers no explanation for why it could not permit Ms. Riker’s marriage request while simultaneously maintaining a secure facility. It is implausible to suggest, without some supporting evidence, that a brief marriage ceremony cannot be accommodated without threatening institutional security and without imposing more than a de minimis impact on prison resources. Indeed, Ms. Riker submits that the ceremony would “last but a brief few minutes in a highly regulated setting.”31 The Department does not offer testimony or other evidence to refute Ms. Riker’s claim. See id. at 98 (noting that the Court was “aware of no place in the record where prison officials testified that such ready alternatives would not fully satisfy their security concerns”). Here, as in Turner, there may well be “obvious, easy alternatives to the [prohibition of Ms. Riker’s marriage ceremony] that accommodate the right to marry while imposing a de minimis burden on the pursuit of security objectives.” Id.

Reversed and Remanded

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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