Fresno Hospital Bars Lesbian From Visiting Partner And Giving Advice About Her Treatment, ACLU and NCLR Urge Hospital To Adopt Policies Respecting Same-Sex Relationships
“We just couldn’t believe this was happening to us. This was the nightmare that we hoped we’d never have to live through,” said Teresa Rowe, who grew up in Clovis, California, but now lives in the Bay Area with her partner of four years, Kristin Orbin. “Unfortunately, because Kristin suffers from epilepsy, trips to the hospital are pretty common for us, which is why we filled out the legal paper work to make sure I would be able to be with her and make emergency decisions about her care. But the hospital wouldn’t let me see Kristen and ignored my advice about her treatment. They ended up giving her the exact medication I repeatedly asked them not to give her.”
On May 29, 2009, Rowe and Orbin attended the “Meet in the Middle” rally in support of marriage for same-sex couples in Fresno. After the couple completed a 14-mile march in 90 degree heat, Orbin, who suffers from epilepsy, collapsed in a seizure. The couple experienced hostility from the ambulance driver, but Rowe was ultimately allowed to accompany Orbin to Community Regional Medical Center in Fresno. However, when the couple got the hospital, the driver would not allow Rowe to accompany Orbin into the emergency room even though Orbin had been in and out of consciousness, and Rowe was familiar with her medical history and care.
Rowe repeatedly asked hospital employees to allow her to see Orbin and talk to a physician about her care but was refused. She volunteered to have Orbin’s legal paperwork naming Rowe as her health care agent faxed to the hospital but was told that it wouldn’t do any good. When she asked that she at least be allowed to pass along the message that Orbin not be given the drug Ativan, she was told the message would be conveyed. If the message was given to those treating Orbin, it was ignored because Orbin was given the drug, which she didn’t need and which causes her unnecessary pain. Meanwhile, when she was awake, Orbin was also asking to be allowed to see Rowe. Although they were both told that no visitors were allowed in the area where Orbin was being treated, other patients were receiving guests. After being separated for several hours, Orbin finally saw her doctor. She complained to him, and Rowe was eventually allowed to be with her.
“Until the California Supreme Court upheld Prop 8, Kristen and Teresa were planning to get married. In this climate, hospitals must be especially diligent to protect same-sex couples from discrimination,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “As these events so painfully demonstrate, no matter what hoops same-sex couples jump through to protect their relationships, these kinds of horrible things will continue to happen as long as couples are denied the recognition and respect that only comes with marriage.”
The letter sent by the ACLU and NCLR charges that it was a violation of state law for the hospital to discriminate against the couple based on their sexual orientation, as well as to refuse to recognize Rowe’s legal authority, which was authorized by Orbin’s advance health care directive. The letter also notes that hospitals must post and follow a patient’s bill of rights that bars discrimination based on sexual orientation and grants patients the ability to designate visitors of their choosing and to decide who is able to make emergency decision about their care. The letter urges Community Medical Centers immediately to affirm their commitment to inclusive and sensitive medical care for LGBT patients, and to take a number of steps to carry out that commitment.
“Discrimination in healthcare settings is still far too common for lesbian, gay, bisexual and transgender people,” said Jason Schneider, MD, President of the Gay and Lesbian Medical Association (GLMA). “No one is served when partners are barred from visitation and kept from participating in conversations about their loved one’s care. It’s bad for doctors who are kept from potentially life threatening information, it’s bad for partners who are left waiting hopelessly in the waiting rooms and it’s especially traumatic for patients who need the love and support that only their partners can provide to help them through health care emergencies.”
A copy of the letter, which gives the hospital until June 22nd to respond, is available at http://www.aclu.org/lgbt/discrim/39854res20090615.html.
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As PRIDE Month Begins, DNC Chairman Tim Kaine Celebrates the Contributions of Lesbian, Gay, Bisexual and Transgender Americans
WASHINGTON, DC — Democratic National Committee Chairman Tim Kaine today issued the following statement marking June as PRIDE Month:
“Today, on behalf of Democrats across our nation, the Democratic National Committee pays recognition to PRIDE month — a time to join together in celebrating the contributions that lesbian, gay, bisexual, and transgender Americans and their families make to our society. We also take this time to reaffirm our commitment to being a Party of inclusion and one that stands firm in promoting equality for every American.
“As Democrats and Americans, we believe we all are created equal and we have fought against discrimination based on race, sex, ethnicity, national origin, language, religion, sexual orientation, gender identity, age, disability, and attempts to divide us instead of unite us.
“The cause of ending discrimination against gay, lesbian, bisexual and transgender Americans has taken a giant leap forward. With a Democrat in the White House who is committed to equality and justice, we have reached significant milestones. The Obama Administration is the first to appoint openly LGBT candidates to Senate-confirmed positions in its first 100 days and it has partnered with the international community at the United Nations to decriminalize homosexuality around the world.
“The Administration is concentrating on a number of measures to ensure equality for all — such as supporting civil unions, Federal rights for LGBT couples, stronger hate crimes laws, ridding our military of ‘Don’t Ask, Don’t Tell’ in a way that both ensures national security and strengthens our Armed forces, banning discrimination in the work place, fighting HIV/AIDS and ensuring adoption rights.
“We as a Party and as a people have come a long way, and we should be proud of what we have accomplished thus far in promoting equal rights for all Americans. But we still have much more to do. As we move ahead with a Democratic Congress and President committed to equality for all Americans, we look forward to a nation where discrimination of any kind is a thing of the past.
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Miami hospital kept woman from dying partner’s bedside
The gay marriage debate has earned a lot of headlines in the last year, but here’s a story in our own backyard that shows the kind of struggles people face when they have no legal claim to their partner.
The New York Times reports Janice Langbehn of Washington was unable to be by the bedside of her dying partner of 18 years, Lisa Pond. During a Florida vacation, Pond collapsed with an aneurysm and was taken to Jackson Memorial Hospital trauma center, where doctors refused to let Langbehn visit her. Pond died without seeing Langbehn or the couple’s three adopted children.
Gay rights groups, who say same-sex partners often are barred from hospital rooms because they aren’t “real family,” are watching the federal lawsuit in Florida, according to the New York Times.
See Miami hospital kept woman from dying partner’s bedside Vero Beach Press-Journal (subscription)
* Tags = gay men gay news lesbian news transgender bisexual
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How Hospitals Treat Same-Sex Couples
For same-sex couples, a ring and legal papers may not be enough to navigate the health system.
During a medical emergency, a patient’s husband, wife, parents or other family members often are close by, overseeing treatment, making medical decisions and keeping vigil at the bedside.
But what happens if the hospital won’t allow you to stay with your partner or child?
That’s the challenge many same-sex couples face during health care emergencies when hospital security personnel, administrators and even doctors and nurses exclude them from a patient’s room because they aren’t “real” family members. The issue is addressed in a new report from The Human Rights Campaign Foundation, a gay, lesbian, bisexual and transgender civil rights group, and the Gay and Lesbian Medical Association. The groups have created a Healthcare Equality Index for hospitals that focuses on five key areas: patient rights, visitation, decision-making, cultural competency training and employment policies and benefits.
This year, 166 facilities across the country agreed to participate in the report, about twice as many as last year. The group says nearly 75 percent of the hospitals have policies to protect their patients from discrimination on the basis of sexual orientation. However, sometimes the policies aren’t correctly implemented by hospital workers. Some examples of unfair treatment of gay couples cited by the group include:
- A Bakersfield, Calif., couple rushed their child to the emergency room with a 104 degree fever. The women were registered domestic partners, but the hospital only allowed the biological mother to stay with the child. Although hospitals typically allow both parents to stay with a child during treatment, in this case, the second parent was forced to stay in the waiting room.
- An Oregon man whose registered domestic partner was unconscious was told to leave the hospital room because it was time for family members to make decisions about his care. He was forced to plead his case before hospital administrators before being allowed to stay with his partner, who was dying.
- A woman from Washington collapsed while on vacation in Miami. Although her partner had an advanced health care directive, hospital officials told her she wasn’t a family member under Florida law. The woman spent hours talking with hospital administrators to prove that the document from her home state was, in fact, still valid in Florida. Although she eventually prevailed, her partner’s condition deteriorated and the woman died. Because of the problem, the children the patient had been raising with her partner weren’t able to see her before she died.
While heterosexual couples typically don’t have to provide marriage licenses to hospitals in order to prove they are husband and wife, same sex couples often must document their relationship to hospital officials before being allowed to take part in a partner’s care.
“There is a real disconnect between what might be a good written policy or state law and actual implementation of that policy or law,” said Ellen Kahn, family project director for the HRC. “If you’re presenting as two men in a couple and you say, ‘This is my partner. I’ll make medical decisions,’ you’re asked a lot of questions. Who is this person to you? Do you have legal documentation that verifies that? A parent, sister or nephew could have more rights under the law than a same-sex partner who has been together 20 years.”
Although many hospitals have improved their treatment of same-sex couples, partners are advised to keep legal documents close by in the event of a medical emergency. Friends should also have ready access to documents so they can fax or e-mail them if necessary.
For couples who don’t have documentation or are worried that their relationship might not be recognized during a medical emergency, the solution often is to pretend to be a sibling in order to ensure access to a partner.
“If you’re on the road and have a crisis, the word on the street is just say, ‘This is my sister,’ or ‘This is my brother,’ ” Ms. Kahn said. “Most people won’t raise an eyebrow about it unless you look very different. It’s sad that we have to think about that. Am I going to be better off saying this is my sister or this is my life partner?”
How Hospitals Treat Same-Sex Couples
May 12, 2009
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Top Russian Scholar: US will collapse next year, partly due to gays
(Moscow) If you’re inclined to believe Igor Panarin, and the Kremlin wouldn’t mind if you did, then President Barack Obama will order martial law this year, the U.S. will split into six rump-states before 2011, and Russia and China will become the backbones of a new world order.
Panarin might be …
Man murders ex, lesbian lover
‘It was an execution, pure and simple’: Two dead after collapse of ‘bisexual love triangle.’
