Kevin And Don Respond To Being Self Loathing

Looking back at their journey from the Stonewall Democratic Club to Log Cabin Republicans, they claim it was one that was actually started by the democrats. After being told that marriage as not a priority on the agenda in 1995, they became disillusioned with the DEMS. For a decade they felt like they did not belong until they met the republicans of the Log Cabin Republican Club and discovered they too shared a dream of marriage equality. This blog is now a digital time capsule of their time as Republicans and moderated by a friend and supporter.

Tuesday, May 22, 2007

A.B. 205/Fam Code 297.5 Used To Redefine Conjugal Visits

(Pictured: Wentworth Miller of FOX's PRISON BREAK)
Well it did not take Equality California, nor Ben Patrick Johnson's V-Blog, nor right wing activists Kevin and Don Norte to make a test case like the unoffically labled Kevin and Don Norte Bill aka A.B. 102 to expand the breadth of A.B. 205/Fam/ Code § 297.5 to include conjugal visits at prisons. The California Department of Corrections and Rehabilitation has agreed that it will no longer bar lesbian and gay prisoners access to overnight family visitation with their registered domestic partners.

The Department of Corrections and Rehabilitation has requested the statewide policy change in response to demands by the American Civil Liberties Union on behalf of a gay man who was told by prison officials that domestic partners were barred from family visits.

Unlike the DMV that prohibited Domestic Partner name changes after only a few took advantage of the protections of Family Code § 297, the Department of Corrections wisely conceded their defeat and recognized the broad impact of the historic legislation.

The Department of Corrections and Rehabilitation agreed to the change after the ACLU sent a letter to prison officials on behalf of the registered domestic partner who was serving 18 months for a burglary conviction.

The men contacted the ACLU after their request for a family visit was denied even though they met all the other requirements to have a family visit.

In the demand letter, the ACLU pointed out that it was illegal for the prison to continue to deny domestic partners family visits because California law requires that domestic partners be treated the same as married couples who have access to family visits.

The Department of Corrections and Rehabilitation agreed with the ACLU and allowed the couple to have a family visit in December 2007, but the permission was not automatically state-wide affecting an unknown number of other gay prisoners.

The prisoner was released from prison on April 22, 2007.

In response to the ACLU's demands, the Department of Corrections and Rehabilitation has proposed a statewide regulation change that would guarantee that lesbian and gay prisoners have the same access to family visits as married couples.

As required by state law, the department conducted a public hearing on the proposed change on Tuesday. As a practical matter, however, the change is mandatory under the state domestic partner law.

"This is a perfect example of how the domestic partnership law falls short of marriage. Marriage has universal acceptance and recognition. Had my client said he wanted to visit with his spouse, this would have never been an issue," said a representative from the ACLU.