Tuesday, December 31, 2002

A press release issued today by the American Civil Liberties Union (ACLU) of Arizona states that they have agreed to represent Karl Whitmire in his case challenging the Arizona Department of Corrections' (DOC) policy barring same-sex couples from kissing in the visitation area of the prison.

Departmental policy specifies that "a brief kiss and/or embrace" is permitted at the beginning and end of the visitation period for inmates allowed contact visits. The rules prohibit same-sex kissing except if the visitor is a relative or member of the immediate family. Whitmire said he was explicitly told by prison staffers that he was not permitted to hug or kiss his incarcerated partner, William Lyster, during visits.

Karl Whitmire filed a complaint which was then dismissed by the trial court. Whitmire then appealed the ruling. The Ninth Circuit Court of Appeals reversed the trial judge and found that the Whitmire case should go forward.

In October 2001, the DOC changed their policy to permit same-sex hugs, but still not kisses. The DOC claims that the ban is "for the prisoner's own safety."

The Arizona ACLU has put together a legal team and are proceeding with the case. But the Arizona chapter has recently learned that William Lyster is set to be released sometime in November of 2003. In all likelihood, this case will not be finished prior to November, 2003. When Karl's partner is released, this case becomes moot and will be dismissed despite the fact that the DOC policy barring kissing remains.