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

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SAN FRANCISCO – After a lesbian was barred from visiting her partner and giving advice about her treatment at a Fresno hospital, the American Civil Liberties Union and the National Center for Lesbian Rights sent a letter to the hospital today urging that it adopt policy changes 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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Lesbian, gay, bisexual and transgender marriages thrive

This spring my life-partner and I are celebrating our 10th anniversary together. While some might say that 10 years of marriage is no big deal — even in this age of high divorce rates — clearly it is a milestone year, and especially for a gay couple like us. I should note from the start that I do not place marriage in quotation marks, as though ours somehow doesn’t measure up; our marriage is different in some ways and very much the same in others, but it is certainly not less. We know what a precious gift we have in each other.
Our love and commitment, in fact, are as strong and vital as in the best heterosexual marriages, often more so.
Why? Because like all successful lesbian, gay, bisexual and transgender (LGBT) marriages, ours thrives despite formidable odds, any one of which would crush many heterosexual marriages. Little wonder LGBT friends and acquaintances tell us our 10 years is actually twenty, even 30 — in straight years.
No one should be surprised by this perception. In place of the myriad ways that heterosexual marriages are incorporated, supported, celebrated and promoted ours’ are denied, excluded, discouraged and condemned. Marriage of any type is, of course, not always easy, even if strong and under the best of circumstances. Imagine for a moment though people praying for your marriage to fail; widespread preaching and protesting against it; laws and constitutional amendments enacted that are overtly hostile to your family; hospitals blocking you from your spouse’s bedside; having your children torn from your life when your spouse, the biological parent, dies; or being unable to carry out your spouse’s final wishes. I could easily go on, and on.
See Lesbian, gay, bisexual and transgender marriages thrive
Tallahassee Democrat – * Tags = gay men gay news lesbian news transgender bisexual

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Ireland’s hospitals to recognize gays

Ireland’s hospitals to recognize gays

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Needs of gay, transgender patients not adequately addressed

The healthcare industry is not adequately addressing the needs of gay, lesbian, bisexual and transgender patients, says an annual report from the Human Rights Campaign Foundation and the Gay and Lesbian Medical Association. Released for the third year in a row, the Healthcare Equality Index is a national report that sets benchmarks and highlights best practices and healthcare facility policies for lesbian, gay, bisexual and transgender Americans.

Based on responses to an online survey conducted from October through December 2008, the report addressed patient non-discrimination and visitation policies, cultural-competency training, recognition of legal documents between same-sex partners, and the protection of lesbian, gay, bisexual and transgender employees through fair employment policies. Responses came from 93 hospitals and 73 clinics across the country. See

Needs of gay, transgender patients not adequately addressed

ModernHealthcare.com * 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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MD: HIV infections will never be traced to VA hospital

(Murfreesboro, Tennessee) Former patients who tested positive for HIV or hepatitis will not be able to show they were infected by tainted equipment at U.S. Department of Veterans Affairs hospitals, a top doctor for the agency says.

Dr. Jim Bagian, the VA’s chief patient safety officer, said the patients won’t be …

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5th HIV case linked to VA facilities

(Miami, Florida) A fifth patient has tested positive for HIV, and seven more tested positive for hepatitis after being exposed to contaminated medical equipment at three Department of Veterans Affairs hospitals, the agency said.

That brings the total who have tested positive for hepatitis to 33.

They are among thousands tested because …

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‘They kill people like us,’ says gay Iraqi

BAGHDAD – Widespread violence is down across Baghdad, but not for one minority group.

Iraq’s gay population is being targeted by militia groups in a wave of killings that has claimed the lives of up to 25 young men and boys in the past month.

“They know I am gay. I don’t know if I am going to be killed, this is up to God,” said Moyad, a 38-year-old Baghdad resident who would not give his last name out of fear for his safety.

Visibly frightened, he said that he has many friends who have been sadistically tortured, some even murdered. “They are sticking glue up their anuses; some hospitals refuse to treat them. Is it a war waged against homosexuals?” he asked.

International outrage
Most of the attacks have happened in Baghdad’s Shia neighborhoods, and many believe that religious leaders have used Friday sermons in Sadr City as a platform to incite hatred and violence toward homosexuals. The bodies of three gay men were reported to have been found in Sadr City in April with pieces of paper bearing the word for “pervert” attached to them.

Posters and leaflets have been distributed in the Baghdad neighborhoods of al-Shola, al-Hurya and Sadr City with orders to, “Cleanse Iraq from the crime of homosexuality.”

Baghdad police didn’t respond to inquiries from NBC News about the attacks, but the surge in violence has gained attention by the international media.

‘They kill people like us,’ says gay Iraqi

msnbc.com* Tags = gay men gay news lesbian news transgender bisexual

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Magnitude of VA hospital HIV, Hep infections unknown

(Chattanooga, Tennessee) Thousands of veterans were at first shocked to learn they should get blood tests for HIV and hepatitis because three hospitals might have treated them with unsterile equipment. Now, just a couple of months after the Department of Veterans Affairs issued the dire warnings, veterans are growing frustrated …

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3 vets now HIV-positive after VA clinic mistakes

(Chattanooga, Tennessee) Three patients exposed to contaminated medical equipment at Veterans Affairs hospitals have tested positive for HIV, the agency said Friday.

Initial tests show one patient each from VA medical facilities in Murfreesboro, Tenn.; Augusta, Ga.; and Miami has the virus that causes AIDS, according to a VA statement.

The three …

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