28 C.F.R. § 551.10

Purpose and scope

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The Warden shall approve an inmate's request to marry except where a legal restriction to the marriage exists, or where the proposed marriage presents a threat to the security or good order of the institution, or to the protection of the public. The Warden may approve the use of institution facilities for an inmate's marriage ceremony. If a marriage ceremony poses a threat to the security or good order of the institution, the Warden may disapprove a marriage ceremony in the institution.

[49 FR 18385, Apr. 30, 1984, as amended at 63 FR 5218, Jan. 30, 1998]

Notes of Decisions

Cited in 3 cases, 1987–2013 · leading case: Turner v. Safley, 482 U.S. 78 (1987).

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Turner v. Safley, 482 U.S. 78 (1987). · cites it 2× “, 28 CFR § 551.10 (1986) (marriage by inmates in federal prison generally permitted, but not if warden finds that it presents a threat to security or order of institution, or to public safety).”

O'Lone v. Est. of Shabazz, 482 U.S. 342 (1987). · cites it 2× “See ante, at 97 (citing 28 CFR § 551.10 (1986)). In the present case, it is therefore worth noting that Federal Bureau of Prisons regulations require the adjustment of work assignments to permit inmate participation in religious ceremonies, absent a threat to "security, safety,…”

James R. Pesci v. Tim Budz, 730 F.3d 1291 (11th Cir. 2013). “2254 (citing 28 C.F.R. § 551.10 ). Deference to facility administrators and concerns relating to safety and security cannot be used as a pretext to silence undesirable speech.”

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