Lez Keep It Real

Sometimes it’s easier to get a point across after a situation occurs rather than before … it’s as if people need to “see” it before they “believe” it. The GLBT population has been campaigning for the past few years on behalf of gay marriage and why we not only deserve, but need the same benefits and legal rights just as much as any other heterosexual couple because without them our hands are tied.

We aren’t making waves and speaking out because we want to “lessen the sanctity of marriage” or “make a mockery of such a union.” We are standing up and speaking out because of situations like this …

Indystar ~ Brett Conrad spent more than half his life as Patrick Atkins’ partner. For 25 years, the men shared bank accounts, apartments and eventually a home in Fishers. But when Atkins, 47, fell seriously ill in 2005, Conrad faced what many gay Hoosiers consider a travesty: no law guaranteeing them the same rights as married couples to participate in care decisions for their ill partners.

Conrad, 47, spent much of the past two years trying to win guardianship of Atkins from Atkins’ parents, Thomas and Jeanne of Carmel. Jeanne Atkins is quoted in court documents as saying she believes homosexuality is a sin and that she disapproves of the men’s relationship. The parents have barred Conrad from visiting their now-disabled son in their home where he lives.

In June, Conrad won visitation rights from the Indiana Court of Appeals, but the court upheld an earlier Hamilton County ruling that left control of Atkins’ care to his parents.

Gay-rights activists say the men’s story illustrates the discrimination embedded in Indiana law and underscores why gay marriage should be allowed.

On the other side, opponents of same-sex marriage say the case could have been prevented if Conrad and Atkins had used existing laws that can give unmarried couples — straight and gay — the legal right to act on each other’s behalf.

In its ruling, the appeals court recognized the human suffering at the center of the case:

“We are confronted here with the heartbreaking fracture of a family,” the judges wrote in their ruling. “Brett and Patrick have spent 25 years together as life partners — longer than Patrick lived at home with his parents — and their future life together has been destroyed by Patrick’s tragic medical condition and by the Atkinses’ unwillingness to accept their son’s lifestyle.” READ MORE

According to the Indystar, Gay-rights advocates say the following documents are the bare-minimum protection couples should have to protect their property, health, assets and relationship.

• Power of attorney: Gives someone the power to act on behalf of another. It may be limited to a particular activity (e.g., closing on the sale of a home) or more general. Many couples have separate powers of attorney for financial and medical issues. A “durable” power of attorney remains valid until the signer dies or revokes the document.

• Living will: In Indiana, a living will is a written expression of how one wants to be treated if suffering from a terminal illness or injury in which death is imminent. It may express whether the signer wants life-sustaining treatments, including nutrition and hydration.

• Appointment of health-care representative: Sometimes called a health-care proxy, often combined with a medical power of attorney, this document appoints a person to make medical decisions on behalf of another. In the case of a gay couple, one partner may need to have the document on hand to gain access to the other partner’s hospital room. A medical power of attorney also may nominate the partner to be appointed as the person’s guardian if he or she becomes disabled. Without these health-care documents, only the person’s biological relatives will have authority to make medical decisions and will be viewed by the courts as the priority choice as guardians.

• Will: Provides for the distribution of one’s property and assets after death. Gay people should specify their partners and all unrelated beneficiaries in the will to ensure assets are transferred without intervention from blood relatives. Without a will, only blood relatives of a single person have a right of inheritance.

These are basic God-given rights that are supposed to be available for ALL people. Gay, straight or whatever. It doesn’t matter … these rights shouldn’t be afforded to some and not to others based on something as minimal as sexual orientation. They are necessary rights, not wants, not privileges, NECESSARY rights.

And it is NECESSARY that we continue to fight for equality as far as legal marriage rights are concerned.

Can you digg it?

[indystar, gay marriage rights, brett conrad[/tags]