Apr
19
Why do we Need Marriage Equality? This is why!
Filed Under Polemics & Politics on April 19, 2010 at 2:02 pm
I’ve never broadcast details of my love life on this blog or on the many podcasts I contribute to because frankly, my personal life is, well, personal. In this case though, I’m going to make an exception. Why? Because of the relevance to the tragedy I want to draw your attention to. I’m in a committed loving relationship with another man. We’ve been together for over 5 years now, and we’re building a life together. We just want what every couple want, some basic recognition of the fact that we are a family. This is what the fight for marriage equality is all about. It’s about the simple things like hospital visitation rights, inheritance rights, and so on. It’s inevitable that one day one of us will get sick, and when that day comes, we’ll want the right to visit each other, and to make medical decisions for each other should one of us not be capable of making those decisions for ourselves anymore. Should one of us die before the other we want our worldly possessions to go to the remaining partner without question or taxation, just like it happens for regular couples. These are very simple things, but very important things.
So, this brings us to the tragic tale of an elderly gay couple in the supposedly liberal and progressive state of California in the US. Harold and Clay had lived together as a couple for 20 years, and had done the best they could to protect themselves legally since they were denied marriage rights. They wrote each other into their wills, and gave each other the power of attorney. In theory, should anything bad happen to one, the other would be legally able to make decisions on their behalf. And should one die, the other would get to keep the worldly possessions they’d built up together.
That was the theory, for Clay and Harold reality turned out very different. One day Harold fell, he was old and frail and needed to be hospitalized. Clay was denied visitation rights, and worse still, Sanoma County forcibly moved him into a nursing home against his will, and moved Harold into a different home. They were separated, and Clay got no say in Harold’s treatment. He wasn’t even allowed to visit his partner, and 3 months later Harold died alone. Already, this is inhumane and cruel, but the monsters in Sonoma County were not done abusing these men yet. They ceased and sold all the men’s possessions, ended their lease, and gave their home back to the landlord. Clay had lost his partner, lost all their possession except for one photo album, lost his home, and had his freedom taken away. He eventually managed to free himself from the home with the help of a state-appointed attorney, and is now suing the State and the auction house. Nothing he can win in his case can give him back the last 3 months he should have had together with the love of his life, or the memories enshrined in their worldly possessions. The Damage done to these two innocent men by Sonoma County can never be repaired. But, for the sake of every unmarried couple in Sonoma and the rest of the USA, and indeed the world, I hope Clay can win a moral victory against these beasts.
Their story is tear-wrenching for any human being with a heart, but for me it’s also terrifying. This is how my life could end. I could die alone and afraid just because myself and my partner can’t marry. I can’t think of a better argument for why we need to demand marriage equality NOW.
Finally, for those of you reading this who live in CA and who voted to deny marriage equality recently, you did this. You have the abuse of these two human beings on your conscience. You denied these people their basic rights. I hope you’ll remember this harsh reality next time basic human rights come up for a vote. Perhaps next time you’ll see through the religious extremism and bigotry to the real human suffering it causes.
I do wonder if the behaviour would have been in any way similar had a man & woman been in the same situation, living together but not legally married.
Without a legal document, there should still be social standards that recognize a shared life – irrespective of the sex or background of any indvidual.
When I lived, un-married, in England, I understood that “common law” would provide any necessary protection between us – I don’t know if USA has any similar rule, but it should exist and apply.
A commenter just left the following on my own blog post:
“Here’s the full case title/number for those who can get into databases to try to find the whole complaint, which doesn’t yet seem to be online
Clay M. Greene, Jannette Biggerstaff, Executor of the Estate of Harold Scull, Deceased v. County of Sonoma, et al.Superior Court of California, County of Sonoma, SPR-81815
(Govt. Code Section 54956.9(a))”
Fantastic! Thanks Bren!
I always thought the law is ridiculous about these things. So why did you always say you were with a missis on the podcasts? Nothing wrong about being gay
Actually – I never say ‘missis’, I always say “the better half” (or “my better half”). I can’t say husband because we’re not married, and “partner” sounds like we’re in business together! Also, I want to say something that’s gender neutral so what I’m saying doesn’t get lost behind people fixating on the gender of my better half.
Bart.
Isn’t there a country where you can register your marriage? I thought they do that somewhere? Why just not do that?
There’s two issues with that idea – first, the Irish government won’t recognise them, and as I understand it you have to be resident in those countries to be able to get married there.
Bart.
Bart, thank you for speaking out.
A most scary thing is that this couple thought they had their legal issues addressed. All the legal documentation in the world is not with the paper it is written on if it is disregarded and trampled upon. I hope for all our sake, justice will prevail.
Re. some of the comments above – I would love to assume that we have the power and assumption of common law behind us. We do not.
Sue
Bart – I’m glad you brought this to our attention. I don’t watch the news in California, but I checked with Steve and Ron and neither of them heard of it here either, so evidently it’s not a “big” story. (another reason I don’t watch the news here.) I appreciate you telling us about this, as I’m sickened by it. I don’t understand how this could happen in a “civilized” society, or why people I know could vote against marriage for all.
Thanks for your post Bart I am glad in our country New Zealand this is while one step short of marriage you can have a civil union which will give you these rights. No matter your opinion on same sex relationships or marriage for that matter people should have the legal right to be with whom they choose and have the legal recourse that is equivalent of marriage.
Hi Bart,
Indeed this is an extreme tragedy but I feel it is a tragedy of basic human rights and law instead of gay rights or common law relationships or any of that.
The bottom line is that Clay had power of attorney and that was violated. His rights to decide for himself were also violated when they forced him into a home and again the POA was violated when he had no say in where Harold was moved. I’d love to hear the arguments justifying disregarding the POA and the Will and to see the damages for violation these men so flagrantly.
I’m sure they’ll claim the possessions were sold to pay the bills but it’s just wrong and hopefully at least the courts will see that. Too bad the memories are gone though – I was in a situation where I lost almost all my mementos and it hurts to the core… especially the ones of loved ones who have gone.
A story like this does indeed show that gay marriage (or I prefer civil unions for religious reasons) is not a simple matter and anyone who thinks it is has not thought on it at all.
And every time it comes down to some (not all!) religious people who insist on imposing their morals on others. Segregating church and state is only a first step, now we still have to get rid of those anomalies in law that were introduced by religion.
But it’s funny to think that the USA, being one of the first to establish a constitution that was not based on religious morals (all of the founding fathers were opposed to that), is now so extremely filled with dubious religious morality.
Knowing how religious Ireland is, the 21st century might come a bit later there…
Hi Mike,
You may be surprised at how changed Ireland is. The scandals that have been rocking the church here for the past few decades have had their toll. The church have a lot less influence than they used to, and society has moved on a lot. Myself and my partner can live openly as a couple, it really isn’t a big deal here anymore.
Bart.
Dear Bart,
Thank you for sharing this horrible story across the pond! I read it hear in the states and it made me very sad and scared. My civil union partner (thanks New Jersey!) and I have been together for just over 12 years now and I pray to the gods that nothing like that happens to us or anyone else on Earth!
Thank you sharing this piece of yourself with us. I love to hear you on the Mac Roundtable!
-Kevin
“When I lived, un-married, in England, I understood that “common law†would provide any necessary protection between us”.
I think you will find that “common law” gives you no rights at all.