Conjugal Visits Allowed for Inmates and Civil Partners in NY

Robert Sabo/News

State prison officials are now allowing inmates in same-sex marriages or civil unions to have conjugal visits. They will also be granted leave if partner is terminally ill.

ALBANY - State prison officials are allowing conjugal visits for gay inmates involved in same-sex marriages or civil unions.

Recent regulation changes will also allow gay prisoners to take leave from their cell when their loved one is terminally ill.

"If they seek a furlough based on the partner, it's likely it would be granted," said Peter Cutler, spokesman for the Department of Correctional Services.

"We've been doing it," Cutler said of the leave policy, which previously applied to only traditional marriages.

Cutler said the regulation, which appeared in the state Register this week, formalizes a policy change initiated in 2008 by then-Gov. David Paterson, who ordered New York State agencies to recognize same-sex marriages that were legally performed in other states and civil unions.

Cutler could not explain why it took so long for the regulation to be finalized in the Register, which lists recent rule-making activities by state agencies.

Cutler was unaware of any inmate in a same-sex relationship who has had a conjugal visit, known officially as family reunions.

About 20 of the state's 67 correctional facilities allow conjugal visits.

Gay marriage advocates welcomed the move, saying any recognition of same-sex relationships is a positive step - even when it occurs in the prisons.

"The more the state is consistent with that status of law the better off we are," said Ross Levi, executive director of the Empire State Pride Agenda.

The Pride Agenda recently joined forces with the Log Cabin Republicans, the Human Rights Campaign and a handful of other advocacy groups to form New Yorkers United for Marriage.

The group is coordinating its efforts with Gov. Cuomo's office in a bid to win approval of gay marriage before the end of the state's legislative session in June.

Cuomo has said legalizing gay marriage is a priority for his administration. Advocates hope his support will translate into enough political pressure to win over the GOP-controlled state Senate.

The Senate soundly rejected legislation legalizing same-sex marriage. The Democrat-controlled Assembly has repeatedly approved the measure.

A recent Quinnipiac Poll showed 56% of New Yorkers support legalizing gay marriages.

"We continue to believe the environment for legalizing same-sex marriage remains strong," Levi said.

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