NJ Inmate's Marriage Application To Incarcerated Partner Denied On Appeal

BURLINGTON COUNTY, NJ — A federal inmate wanted to marry an inmate from another federal penitentiary. They said no — not the groom-to-be but the registrar of a Burlington County township who said they both must appear in-person for the marriage to become official.

Brandon Meredith Hardy — incarcerated at the Federal Correctional Institution, Fort Dix — suffered another setback in his lawsuit against New Hanover Township's registrar. A state appellate court rejected his appeal Wednesday, upholding a lower court's decision to dismiss the case.

Patch was unable to contact Hardy, who represented himself in court. The township had no comment on the decision, according to the attorney representing Township Registrar Susan D. Jackson.

In 2021, Hardy sought to marry Matthew J. Galloway, who was incarcerated in a federal prison in Yazoo City, Mississippi. That July, Jackson informed Hardy that she couldn't process their marriage application without them both in the same location.

Hardy also contacted the state registrar, claiming Jackson violated the rights of him and Galloway. But Vincent Arrisi also said they both needed to appear before a licensing officer to take an oath and that COVID-emergency orders allowing for virtual applications ended July 7, 2021.

So Hardy filed a complaint that October, claiming the failure to issue a marriage license "violates Plaintiff Hardy's (and Galloway's) rights and constitutes a continuing violation of Due Process and Equal Protection Clauses under the Fourteenth Amendment."

A Superior Court judge in Burlington County rejected Hardy's argument, pointing to the state's restrictions on marriages in which one party can't attend. In New Jersey, only members of the Armed Forces or National Guard who are stationed overseas in a conflict or war can marry through an attorney. Expanding those rights to others would require action from lawmakers, not the courts, the judge noted.

Hardy also failed to follow federal regulations to marry while incarcerated, according to the 12-page opinion from the three-judge appeals panel. The plaintiff never showed a marriage request to his prison unit team, nor did he display written certification from Galloway demonstrating his intent to marry Hardy.

The appeals opinion cited a U.S. Supreme Court decision from 1987 regarding inmates' right to marry. Turner v. Safley involved a prison regulation that required a prison superintendent's permission for such marriages to move forward. The high court found the measure unconstitutional but ruled that prison officials can regulate the time and circumstances of the marriage ceremony.

Ultimately, New Jersey's restrictions apply to all who want to marry and "are reasonably related to the legitimate goal of ensuring the validity of marriages," the appellate opinion states. And allowing exceptions for overseas military doesn't make the regulations unconstitutional, the decision says.