This week, The Associated Press reported that 80-year-old convicted killer Charles Manson received a marriage license to wed 26-year-old Afton Elaine Burton, who goes by Star. News of the impending nuptials has sparked a range of reactions this week — discussions of psychology and marriage equality, plus the inevitable snarky love guides, and single jokes.
Another common reaction: “You can marry someone who is in prison, for life?” We asked Avvo attorneys to weigh in on the legal process of getting hitched in the clink:
“You can marry whomever you want, whether he/she is in jail, prison, on death row, or wherever. Charles Manson does not have any rights to family visitation (i.e. conjugal visits), so for him, the process is different.
What legal process applies is related to the rules of the place where the person is incarcerated, the terms of their sentence, practicalities, etc. The laws applicable to marriage however, are no different for someone who is in jail versus someone who is not.” — California family law attorney Tobi Waxman
“It is possible, but each jail has its own procedures on how to do it.” — New York family law attorney David Zaslavsky
The Supreme Court recognized marriage as a fundamental right in Loving v. Virginia, and further confirmed that prisoners maintain that right behind bars in 1987’s Turner v. Safley decision.
Reasons for marrying an inmate, beyond the personal, might have to do with wills or estate planning, taxes, or “intimate” time with your inmate. However, only three state prison systems — California, Washington and New York — still permit conjugal visits for spouses.
If you’re considering marrying an inmate, look into the specific procedures at the jail in question and contact a civil rights attorney if you face any trouble with the process.
Photo: MansonDirect.com
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2 comments
Charlette
I have to agree why should this convicted murderer have any rights at all. And I have to wonder why a 26 year old woman would want to marry an 80 year old convicted for life murderer, who has absolutely nothing to offer her but his horrible last names. Women that age don't marry ancient men on the outside unless their name is Hugh Hefner. They will never make a legal marriage because they will never even be able to consumate it. So she is either a total moron or there is a hidden agenda that she intends to gain by marrying an old murderer. Because even an idiot knows that monster will never be set free and will be buried more than likely in the prison cemetary. So the question is... what's the real reason moron, and don't dare says it is love because you'd be totally lying and you know it.
jopair
In prison your rights are gone, besides "human rights." Why is this monster even allowed to have a woman touch him? I am a law abiding guy, and I hardly ever get that privelege..... Marriage by law is not a right, or a "human right." If they want to have a preacher marry them by mail or something, who is to stop them... but this guy is arguably getting to enjoy some things that he robbed his victims of.