The husband of a gay prison inmate has said that he does not wish to visit, despite that his husband complained that the state had discriminated by refusing him visitation.

Christopher Yates is serving seven years in a Kansas prison for charges related to embezzlement, and said the state had discriminated by refusing his husband Steve Yates to visit.

Steve Yates, however, has told the Topeka Capital-Journal that he does not wish to visit his husband.

Instead he said he plans to end the marriage, possibly through an annulment.

The state has also clarified to say that it did not deny the visitation rights for any reason to do with Mr Yates’ sexuality, but instead because his husband is a co-defendant in his crimes.