Pro-Family Advocates v. Gomez

Opinion

REARDON, J.

In this appeal by the Director of the California Department of Corrections, 1 we must determine whether the trial court erred by issuing a preliminary injunction barring enforcement of an administrative regulation excluding certain prisoners from participation in the overnight family visiting program. We hold that the regulation does not constitute an ex post facto law, nor does it violate equal protection. 2 Thus, the trial court erred and we reverse the preliminary injunction.

I. Facts

In April 1995, appellant James Gomez—acting in his capacity as Director of the State…