Full question:
I am a Nevada citizen. I want to marry my boyfriend who is serving a misdemeanor sentence at the Clark County detention Centre, Las Vegas. I wish to know whether a prisoner has the right to marry. What can I do if the jail authorities oppose the marriage?
- Category: Marriage
- Date:
- State: Nevada
Answer:
In Nevada, individuals have the right to marry as long as they meet certain criteria outlined in Nev. Rev. Stat. Ann. § 122.020. This statute states that a male and a female person, at least 18 years old and not closely related, can marry. Additionally, those aged 16 or 17 may marry with parental or guardian consent.
Furthermore, Nev. Rev. Stat. Ann. § 209.131 grants prison directors the authority to facilitate religious ceremonies, including marriages, for inmates.
The U.S. District Court for the District of Nevada ruled in Salisbury v. List that while states can regulate marriage, they cannot deny the right to marry without compelling reasons. This means that prison regulations limiting a prisoner’s right to marry could be unconstitutional if they cannot show a valid reason related to security or order.
Therefore, a person in jail has the fundamental right to marry. If jail authorities oppose the marriage, it may be considered an unconstitutional interference with that right.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.