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Thursday, June 4, 2009

When Death Does You Part

Posted by on Thu, Jun 4, 2009 at 12:46 PM

Rhode Island is now the only state in New England that doesn't allow same-sex couples to marry and we shouldn't expect a marriage equality bill in that state anytime soon. But Rhode Island state senate did approve a domestic partnership bill yesterday. So what rights might same-sex couples in Rhode Island soon enjoy? Just one.

[The] Senate on Tuesday approved a bill giving “domestic partners” the right to claim the bodies of—and make funeral arrangements for—their loved ones.

And that's it. To get the state of Rhode Island to treat a same-sex couple equally one the partners has to die first. Isn't it romantic? And why did the Rhode Island senate decide to bestow this right—and only this right—on same-sex couples?

At a hearing earlier this year on one of the stalled bills to allow same-sex marriage, Mark S. Goldberg told a Senate committee about his months-long battle last fall to persuade state authorities to release to him the body of his partner of 17 years, Ron Hanby, so he could grant Hanby’s wish for cremation — only to have that request rejected too because “we were not legally married or blood relatives.”

Goldberg was in possession of the documents that opponents of marriage equality insist are all we queers really need. He and his partner had wills, living wills, powers of attorney, and a marriage certificate from Connecticut. But the police and the medical examiner's office wouldn't even look at these documents. Instead they held on to Hanby's body and conducted a weeks-long search for Hanby's "next of kin." It took a month for the state to release Hanby's body to Goldberg and even then Goldberg couldn't get his partner's remains cremated in Rhode Island—he had to have Hanby's body taken to Massachusetts—because Goldberg wasn't Hanby's "next of kin."

Goldberg and Hanby were together for 17 years.

 

Comments (32) RSS

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1
That is such a sad story.
Posted by heeheeheeheeheeheeheeheeheeheeheeheeheeheeheeheeheeheeheehee on June 4, 2009 at 12:52 PM
2
Take it from me, Rhode Island is the shittiest little state in the union.
Posted by Providence on June 4, 2009 at 12:54 PM
Hyzenthlayk9 3
Un-fucking-believable.

Now you can have the right to claim the body - but no guaranteed rights to stay beside your loved one and minister to their needs when they are ill or dying.

And having loved ones close at hand IS a need.
Posted by Hyzenthlayk9 http://oystermind.blogspot.com/ on June 4, 2009 at 12:55 PM
4
Aren't they a totally Democratic party controlled state?

What's the story, why are they behind the rest of New Enlands, too many Catholics?

Posted by PC on June 4, 2009 at 12:57 PM
5
There is no reason to live in RI. You have Massachusetts and Connecticut so close it makes no sense. In addition RI has higher taxes than both states.
Posted by cbc on June 4, 2009 at 12:57 PM
The Amazing Jim 6
I though Quahog legalized gay marriage?
Posted by The Amazing Jim http://www.facebook.com/home.php?#/profile.php?id=100000076496291&ref=profile on June 4, 2009 at 1:01 PM
You_Gotta_Be_Kidding_Me 7
So they're taking the Washington state approach of extending rights incrementally... One. At. A. Time. (?)
Posted by You_Gotta_Be_Kidding_Me on June 4, 2009 at 1:08 PM
Urgutha Forka 8
From the article:
"Sen. Edward O’Neill, I-Lincoln, questioned the wisdom of giving a domestic partner rights to make such important decisions as cremation, over that of adult children. Perry noted that current law gives that right to spouses, over children of past marriages. O’Neill was one of three senators not voting. The final tally was 35 to 0."

People like O'Neill really don't see homosexuals as full citizens.
Posted by Urgutha Forka on June 4, 2009 at 1:13 PM
Julie in Eugene 9
@7 - Sounds like they are taking it one step further. You know all those bad things that we say can happen because gays & lesbians don't have the same rights? Well, we'll only grant you a specific right unless a bad thing actually happens to someone in our state as a result of not having that right. Otherwise, those bad things are just hypothetical.
Posted by Julie in Eugene on June 4, 2009 at 1:15 PM
10
Ahhh -- he wants the straight adult children to inherit, too, not their dad's gay partner.

It's always about money.

And O'Neill = Catholic for sure.
Posted by PC on June 4, 2009 at 1:17 PM
merry 11
What a sad, terrible story... WTF is wrong with RI?

Posted by merry on June 4, 2009 at 1:39 PM
12
Has this article been placed on Obama's oval office desk as a "Must Read" item? Oh yeah, I forgot. Civil rights is a state issue. No need for the feds to get involved. Be patient, be patient. My ass.
Posted by AZdave on June 4, 2009 at 1:49 PM
very bad homo 13
Wow. This is exactly why we are fighting so hard for our rights. Nobody should be treatede like that.
Posted by very bad homo on June 4, 2009 at 1:57 PM
14
I can't believe it. RI is actually relatively progressive, and the Mayor of Providence is out. They'll get around to it, just not soon enough.
Posted by 401 on June 4, 2009 at 1:58 PM
15
Us queers only need one legal document, and it's called a marriage certificate! It's time for politicians to quit f*#king around with our rights.
Posted by eugene boi on June 4, 2009 at 1:58 PM
16
That is disgusting. That poor, poor man.
Posted by SexyClassicist on June 4, 2009 at 2:05 PM
Vince 17
How about if your loved one is burned at the stake?
Posted by Vince on June 4, 2009 at 2:10 PM
18
Rhode Island has a Republican governor.
Posted by Adam on June 4, 2009 at 2:25 PM
kim in portland 19
This is both tragic and inhumane. Freedom and justice for all is a hollow thing in the state of RI.
Posted by kim in portland http://www.oregonlive.com/portland/index.ssf/2010/11/fast-paced_video_provides_a_fu.html on June 4, 2009 at 2:45 PM
20
When my partner of 20 years died, I had no problems claiming and signing for the release of the body from the hospice facility. We had wills, DPoAs, medical directives...nobody even ever ASKED to see them. I signed the death certificate applications, the mortuary had no qualms about giving me his ashes. The life policy I had on him through my job paid out without blinking. The mortuary called and asked if I wanted an autopsy.

His mother, aunt and brother are still alive and nobody once consulted any of them. Everyone came to me.

I live in freaking Indiana. Come on Rhode Island, you're more progressive than us. Or maybe you're just willing to take our money and offer nothing in return.
Posted by Widower on June 4, 2009 at 2:52 PM
21
Lil Rhody will be the last state in New England to attain marriage equality, but it will come around before a great many other states do. The Governor is a parrot of the far right and has a few too many allies in the legislature, but their losing support everywhere ahead of next year's elections. Their policies saw RI waste a lot of money on new discriminatory policies (and old bullshit, too) while the unemployment rate surpassed Michigans.

RI is very Catholic but it is still a New England state, and its voters want the government to stay out of their business as much as any Mainer, Masshole or New Yorker (people from Vermont). The Biggest Little is not the coolest place in the country, but it is a way more progressive place to live than the vast majority of the states. As @14 pointed out the mayor of Providence is out. He was elected twice by landslides in the state's biggest city (yeah, yeah, yeah...). This young, liberal, gay, less corrupt, Democratic machine politician is the bridge to the next phase of RI politics.

This law makes the legislature look dumb, but if I learned anything growing up with these assholes it's that they are capable of surprising leaps, often in the right direction.
Posted by tim from Providence on June 4, 2009 at 2:54 PM
22
20
The AIDS bodies they want to get rid of quick, no questions asked.
Posted by Coroner on June 4, 2009 at 3:24 PM
23
As a native Rhode Islander, I am so ashamed! It is actually a pretty progressive little state, but still ass-backwards in many ways! Let us all remember the former great Mayor Buddy Cianci, twice convicted felon...Rhode Islanders will trust the governance of their State to the mob, but not individuals the freedom to make consenting, adult, responsible decisions together. I wish I could say Seattle allowed gay marriage and was better :( but at least we have a kick ass DP bill. Thanks WA State Legislature!
Posted by k.stineback on June 4, 2009 at 3:31 PM
The Max 24
I hope Goldberg sues. Sues for the damages incurred by this outright discrimination in clear violation of the equal protection clause of the 14th Amendment. Sues for having to truck his partner's corpse to MA for cremation. Sues for pain and suffering. Sues sues sues sues sues.
Posted by The Max on June 4, 2009 at 3:39 PM
25
"Goldberg was in possession of the documents that opponents of marriage equality insist are all we queers really need . . . and a **marriage certificate from Connecticut**."

I'm terribly sorry for him. This must have been a very painful experience. There is, however, one bright side. He has been HARMED by the state not following the full faith and credit clause of the United States constitution. He has grounds for *a Supreme court case*. One that might finally grant marriage rights to ALL.
Posted by redwulf25_ci on June 4, 2009 at 3:45 PM
Greg 26
I'm surprised they would ignore a power of attorney document. How can they even do that? It's like putting out a big sign that says, "SUE ME PLEASE."
Posted by Greg on June 4, 2009 at 3:50 PM
Lurleen 27
What I can't decide is, is this bill a toe in the door, or a deliberate vehicle of humiliation on the part of the bigoted fukkers in the senate? Maybe both. Strange (death)bed fellows.

Big Q: Will the governor sign this "groundbreaking" piece of legislation?
Posted by Lurleen on June 4, 2009 at 3:57 PM
28
@22:

How fucking rude and assumptive. It wasn't an "AIDS body." He died of kidney failure.

Fuck off.
Posted by Widower on June 4, 2009 at 4:12 PM
wallydanger 29
@15 "Us queers only need one legal document..."

...and it's called the Constitution of The United States of America.
Posted by wallydanger http://www.imdb.com/mymovies/list?l=6482681 on June 4, 2009 at 4:30 PM
30
Many powers of attorney do not grant a partner the ability to make funerary decisions. It's a sad story (and absolutely awful that the state caused the survivor such pain, and has now only given this single ability to partners), the document required would have been something called an "Appointment of Agent to Control Disposition of Remains." Powers of attorney generally grant the ability to make financial and health decisions for someone incapacitated. Once death occurs, most powers of attorney are useless.
Posted by TJ on June 4, 2009 at 5:09 PM
gayatheist 31
The Stupid thing is though that a recent survey showed aver 60% of Rhode Islanders support same sex marriage, despite being a mostly catholic State. Unfortunatly their government is stuck in the past and unlikely to act on the peoples will.
Posted by gayatheist http://www.thegayatheist.com/ on June 4, 2009 at 5:35 PM
32
uh, great. so civil rights can be won, as long as they're petitioned for one at a time? should only take about 6,000 years more of this clusterfuckery.

holy hell, man.
Posted by happyhedonist on June 5, 2009 at 8:52 AM

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