In Helling v. McKinney, the Supreme Court ruled that a prisoner's exposure to second hand smoke could constitute cruel and unusual punishment.
This got me wondering about the Turner vs. Safley case. (ruling: marriage is a fundamental right; it is an "expression of emotional support and public commitment." This decision was unanimous.) [philly.com handout, Boies]
But then I started wondering about an alternate rationale for the marriage ruling. Could withholding marriage rights from prisoners be considered cruel and unusual punishment?
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