I’m spitting nails over this one:
A U.S. District Court in Florida rejected a lawsuit by a lesbian mom who had been kept apart from her partner who lay dying in a Florida hospital. The couple’s three children were kept from her as well.
In February 2007, Janice Langbehn and Lisa Pond boarded an R Family cruise, looking forward to vacation with their children. Just before the boat left, however, Pond collapsed unexpectedly. She was rushed to Jackson Memorial Hospital in Miami. Janice and the children arrived close behind.
Lambda Legal explains:
Almost immediately they encountered prejudice and apathy. The hospital refused to accept information from Janice about Lisa’s medical history. Janice was informed that she was in an antigay city and state, and she could expect to receive no information or acknowledgment as family. A doctor finally spoke with Janice telling her that there was no chance of recovery.
Other than one five minute visit, which was orchestrated by a Catholic priest at Janice’s request to perform last rites, and despite the doctor’s acknowledgement that no medical reason existed to prevent visitation, neither Janice nor her children were allowed to see Lisa until nearly eight hours after their arrival. Soon after Lisa’s death, Janice tried to get her death certificate in order to get life insurance and Social Security benefits for their children. She was denied both by the State of Florida and the Dade County Medical Examiner.
Tragic, you may say, but my partner and I have legal documents giving each other medical power of attorney. So did Langbehn and Pond.
The New York Times in May published a long account of their story. It’s worth a re-read.
Lambda Legal, who was pursuing the case on behalf of Langbehn, the Estate of Lisa Pond and their three children, has until October 16 to review the ruling with the family and consider all legal options.
Today’s court decision is shameful. I hope it is appealed. What was it President Obama said just yesterday?
Whether children are raised by two parents, a single parent, grandparents, a same-sex couple, or a guardian, families encourage us to do our best and enable us to accomplish great things. . . . On this Family Day, we rededicate ourselves to ensuring that every American family has the chance to build a better, healthier future for themselves and their children.
Yeah. Let’s do something about that.
Yeah, I’m furious and stunned by this one…this is the case I give as an example to all the straight people who don’t get it. And this helps them understand. I cannot believe this case was thrown out. I feel ill. ~Susan
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With you on the outrage, sister.
I learned of the decision right before I began to tuck the kids in last night, and it was an incredible thing, going through the nighttime rituals, all peaceful, thinking about what that family went through two years ago. And then to know that they found no justice or recourse through the courts this time.
There has to be a next step. Has to be. What Matthew Shepherd and Angie Zapata are to LGBT hate violence, the Langbehn-Pond family is to LGBT partner recognition and the fact that so long as there will be a legally tolerated “separate,” there will never be an equal.
As I was spitting my own nails on Twitter last night, this happens all over; not everyone dies, and not everyone pursues some kind of response from the hospital on behalf of other, future such families. NCLR successfully advocated for a family whose non-bio mom was prevented from being with her 9 year old daughter, in spite of the daughter’s REQUEST for her to be at her side. (Their brief case docket is here.) A woman was also denied access to her partner who had collapsed during the Meet in the Middle rally heat. NCLR and the ACLU stepped in to advocate (their press release here) but my recollection — maybe you know more? — is that the issue is stalled or not resolving very productively, and the hospital is claiming (as did Jackson Memorial) that they are not at fault for discriminatory practices. I hope I’m wrong here. At any rate, it all underscores that all the Powers of Attorney and Health Care Directives and Registered Domestic Partnerships in the world cannot erode the homophobia of a few well-positioned hospital staffers.
It is for reasons like this that my family is not likely to travel to Florida- including Disney.
It is a sad decision that we continue to make, but we must feel safe and secure in knowing that we could be able to respond to our own family’s needs and safety wherever we go.
This decision cements the FACT that going to states like Florida are out of the question for us at this time.
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