The right to marry is a fundamental American right. Something that no one should be denied – even prison inmates.
Paul Gillpatrick and Niccole Wetherell are both incarcerated in different Nebraska correctional facilities. They have known each other since 1998 and have been engaged for four. While in prison, they have been able to carry on their romance via letters.
Even though both face lengthy prison stays, Paul and Niccole decided that they wanted to get married. In 2012, they filled out the appropriate forms and submitted them to their respective facilities. But to their surprise, the Department of Correctional Services would not allow it.
After being denied a marriage by the prison, Paul wrote to the ACLU seeking help. In his letter he said, “[Niccole] makes me laugh, she brings smiles to my face every day and I want to marry her.” We immediately filed a lawsuit against the Nebraska Department of Correctional Services on behalf of the engaged couple, stating that the decision was unconstitutional.
“At it’s most basic, this case is about challenging the government’s authority to impose an unnecessary and unduly restrictive limitation upon the rights of Nebraska inmates to marry,” said ACLU of Nebraska Legal Director Amy Miller.
Thankfully earlier this year, a judge ruled that the couple should be allowed to get married via video conference.
Learn more about prisoner’s rights.
On the surface this decision was a great victory for Paul and Niccole – they are now able to legalize their love! But it’s also a victory for every Nebraskan because it demonstrates that our fundamental rights cannot be denied! The ACLU of Nebraska will continue fighting for every single one of those rights.
2016 is the 50th anniversary of the ACLU of Nebraska. We will feature several memories from our five decades of defending freedom in the Cornhusker state here. Do you have a favorite memory? Share it with us!
