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Conjugal rights refer to the privileges and affections enjoyed between two people in marriage, including cohabitation and common property rights. Violation of these rights may lead to civil suits. Some prisons allow conjugal visits to promote healthy relationships between spouses, but not all prisons recognize conjugal rights. Same-sex partners traditionally have not been afforded many of the marital rights enjoyed by heterosexual partners, but some regions have begun to grant these rights to same-sex couples.
Broadly speaking, conjugal rights are the affections and privileges enjoyed between two people in marriage. The word ‘marital’ often carries sexual connotations, and while such relationships are certainly part of a marital relationship, these rights also include all other aspects of affection and companionship, including cohabitation and common property rights. Legally speaking, the disruption of marital privileges by a third party, called an alienation of affections, can be grounds for a civil suit, but not often a prosecution. Marital rights are most often thought of perhaps with regard to prisoners, who in some countries and regions are permitted conjugal visits in order to promote healthy relationships between spouses.
Violation of marital rights may be grounds for a civil suit. For example, if one spouse commits adultery and the other spouse wishes to divorce, the split can cause conflicts of interest over who has custody of the children, assets and property, or receives compensation. Since the situation is not criminal, it should be resolved in civil court, where it will be decided which marital rights have been violated and how the situation should be resolved.
Not all prisons recognize conjugal rights. The question of whether to allow conjugal visits is often decided at the regional or state level. Some states allow conjugal visits, but only in some prisons. Maximum security prisons, for example, often prohibit inmates from making any contact with the outside world, regardless of the reason. Most prisons that allow conjugal visits require a conjugal relationship to exist between the prisoner and the visitor; common-law marriage relationships conjugal visits are not permitted in many prisons. If a prison allows conjugal visits, it is quite normal that they will be given some privacy and time in special accommodation. When prisons allow spouses to spend time together, it is in the hope that by maintaining healthy relationships with loved ones, inmates lead healthier lives and decrease their chances of reoffending.
The issue of marital rights has been a hot topic within the gay rights movement. Traditionally, same-sex partners have not been afforded many of the marital rights enjoyed by heterosexual partners. These rights include hospital visits, joint property rights and tax breaks. Around the world, some regions have begun to grant many of the same marriage rights to same-sex partners traditionally reserved for heterosexual couples. Some prisons have also begun to allow same-sex conjugal visits.
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