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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 15, 2002)
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O ne — Three $ 29.95 eoch O n ly To Order: Call 1 -800-767-4461 TTY 1-888-283-5097 www.SignEnhancers.com $851 MARYLAND old by hospital staff he could not visit his dying partner because he was not a family member, San Francisco resident Bill Flanigan sued the U niversity of Maryland Medical System in Balti more City Circuit Court on Feb. 27. His partner of five years, Robert Daniel, had been admitted O ct. 16, 2000, from complications arising from AIDS. The couple were on their way to visit Flanigans sister in the H ospital staff in B altim ore prevented Bill Flanigan (right) from Washington, D.C., area, visiting his dying partner, R obert D aniel where a nearby hospital Kove gave birth to her first baby in 1990 and transferred Daniel to the medical systems Shock to quadniplets in 1993. The couple shared in all Trauma Center because of his critical condition. child-rearing responsibilities until their separa As he was kept in the waiting area, Flanigan tion in 1997. asked staff members to allow him to sec Daniel Naumoff was awarded partial custixly and and to confer with physicians. They told him joint legal custixly of all five kids. Kove sued for that only “family" members were allowed to do child support in 1998. so and that “partners” did not qualify. After the separation, Naumoff argued she had He explained that he had a L'lurable Power of no duty to pay because she is not a biological or Attorney for Health Care Decisions and that adoptive parent. The court rejected that argument the couple were registered as domestic partners and ordered her to provide support in accordance in California. Staff members also had the records of the first hospital to which Daniel was with the guidelines under Pennsylvania law. admitted, where Flanigan was recognized as NATIONAL family, having spent the night in a chair hy his he Senate Health, Education, Labor and partners bed. Pensions C om m ittee held a hearing T he center acted quite differently. Personnel kept Flanigan away from Daniel and his physi Feh. 27 on the Employment Non-Discrimina cians— meanwhile allowing family members of tion Act featuring supportive testimony hy other patients to visit their loved ones and con executives representing some of the country’s fer with doctors. Flanigan, on the other hand, most prestigious corporations. If passed, the hill would ensure gay, lesbian was not given the opportunity to make surgeons aware of Daniel’s wish not to have life-prolong and hi U.S. citizens have equal rights in the job market and workplace. Specifically, it would ing measures performed on him, including the prohibit the use of a persons sexual orientation insertion of a breathing tube. as the basis for employment decisions, including After four hours, Daniels sister and mother arrived from out of town. Only then did the cen hiring, firing, promotion or compensation. Companies testifying in support of ENDA ter provide information on his status and subse included FleetBoston, Eastman Kodak and Shell quently allow the entire family, including Flani Oil Co. O thers— including Microsoft, Capital gan, to see him. By that point, he was no longer conscious, his eyes were taped shut, and the two O ne and Hewlett Packard— sent letters. “G xirs supports the efforts.. .to ensure that all men never had the chance to say gcxxlhye. employees are afforded equal employment oppor “Tragically, gay and lesbian partners texi often tunity, regardless of sexual orientation," president have to argue their right to hospital visitation with ill loved ones, even in the middle of a family cri and CEO W. Leo Kiely III wrote. ENDA “pro vides a vehicle for this goal to he achieved.” sis,” said David Buckel, Lambda Legal Defense and Lucy Billingsley, founder and partner of the Education Fund senior attorney. “But rarely does it Billingsley Co., which employs 30 people and rise to the sh ak in g inhumanity of this case.” manages a broad range of real estate activities in Texas, testified that ENDA is gixxl for small PEN N SYLVA N IA n a final order after nearly two years of liti businesses. She is a lifelong Republican. “Some might voice concern that adding fed gation, a Court of Com m on Pleas judge in eral workplace protections for gays and lesbians Cumberland C ounty ordered a nonhiological will he a costly burden to Americas small- co-parent to pay child support for the five kids of her former partner. business owners," Billingsley said. “But actually, not doing so would he the more costly route. T he case is one of the first of a handful W hen people mist their employer, around the country to address the issue of child support after same- they will he more adaptable to changing business forces. Inclusive sex parents separate. O ther states have lcx)ked to the Pennsylvania workplace policies can irqprovc recruitm ent and lower turnover, court’s reasoning in earlier deci hixist prixluctivity and lead to busi sions for guidance. ness opportunities.” Tiffany L. Palmer, C enter for Lesbian and Gay Civil Rights legal It is legal to fire someone in 38 states because he or she is gay. Dis director, served as counsel for the crimination based on sexual orienta biological mother, Lisa Kove. Her tion is prohibited in California, G in- organization worked with the San Tiffany L. Palmer necticut, Hawaii, Massachusetts, Francisco-based National C enter Maryland, Minnesota, Nevada, New for Lesbian Rights, which will serve as co-counsel if the case is appealed to the Hampshire, New Jersey, Rhixle Island, Vermont, Pennsylvania Superior Court. Wisconsin and the District of GMumhia. Kove and Flelen Naumoff began living together as domestic partners in the mid-1980s. he N ational Gay and Lesbian Task Force They chose to create a family and have children attacked elements of President Bush s wel- through alternative insemination. T T I T