A same-sex partner of a state prisoner filed a lawsuit on April 14, 1998 in the United States District Court for the District of Arizona against the State of Arizona and the Arizona Department of Corrections (DOC). The plaintiff complained that the DOC regulation that prohibited same-sex kissing and hugging among non-family members during visits to the prison violated his rights under the First and Third Amendments and Title VII of the Civil Rights Act of 1964. The District Court (Judge Roger G. Strand) dismissed the action for failure to state a claim, holding that the prison had a legitimate interest in promoting prison safety.

The plaintiff appealed the District Court's dismissal. The United States Court of Appeals for the Ninth Circuit (Judge Atsushi Wallace Tashima) reversed, holding that no connection between the visitation policy and the DOC's interest in prison safety existed. Whitmire v. Arizona, 298 F.3d 1194 (9th Cir. 2002). The case was remanded for further proceedings. The parties reached a settlement which Judge Strand approved on July 14, 2003. The DOC agreed not to implement or enforce any visitation policy that prohibits same-sex kissing and hugging in prison visitation. The docket continues to December 22, 2003, and ends once attorneys fees issues were resolved.

David Terry - 04/10/2006


compress summary