California Lesbian Couple Faced Discrimination at Fresno Hospital

Discrimination of LGBT couples is one of the main reasons our community needs to have the same rights as heterosexual married couples. If the couple in the article below had been legally married, there would have never been a question of visitation rights or medical power of attorney.

This article comes from the Los Angeles Examiner and was written by Kevin Lynch.

"As I was laying there all alone, I wondered how many people from the LGBTQ community die by themselves because they are denied a basic right. The thought frightens me."

That's what Kristin Orbin, 29, said about her ordeal at Fresno Community Hospital and Medical Center on Saturday, May 30th.

Orbin and her partner of 3½ years, Teresa Rowe, 30, who live in Northern California, were in Fresno for Meet in the Middle 4 Equality, an event protesting the California Supreme Court's ruling upholding Proposition 8.

After marching 14 miles in Central Valley heat, Orbin (who is epileptic) collapsed and suffered three grand mal seizures. A doctor at a first aid center had difficulty finding her pulse, so he called 911.

Orbin said the discrimination started as soon as the paramedics arrived.

"By that time, I was going in and out of consciousness. The paramedics wanted nothing to do with Teresa and she had to practically fight them to be allowed to ride in the ambulance. I remember one of them was very nice and agreed to let her ride with me in the back. Once we got to the hospital, they wheeled me into a hallway and left me, refusing to allow Teresa to be with me."

Orbin said the paramedic told the nurse on duty that she had collapsed after marching 14 miles for civil rights, and the nurse gave her a dirty look and said "ooooh." She continued, "I asked if Teresa could come back with me, but the nurse told me I was in a no visitor zone. When I asked her why everyone else had visitors, she said 'those people are different'."

Orbin said she went to sleep at that point, but she was awakened by a nurse giving her the benzodiazapine Ativan, a drug that causes her to have severe migraine headaches. It was then that she discovered just how bad the situation had become.

"Teresa was finally able to make her way up to the front desk and convince them to get a cell phone to me. When I talked to her, she said she had told the nursing staff not to give me Ativan, but they refused to listen to her. They refused to take my medical cards from her. They refused Teresa's offer to have my advance directive and power of attorney faxed over from UCSF."

Orbin said she asked the nurses several times if Rowe could join her, but each time they refused.

"They just kept looking at my Marriage Equality shirt and giving me dirty looks," she said.

Orbin and Rowe were not reunited until a doctor intervened a few hours later.

"When the doctor arrived, I asked him if Teresa could join me," Orbin said. "He asked me why she wasn't already with me, and I told him the nursing staff told me I was in a no visitor zone. The doctor gave me an odd look and said, 'I will take care of that'. He left the room, and a few minutes later Teresa came in, but she said she was told by the front desk that she could only stay for a few minutes."

However, Orbin said the nursing staff suddenly had a change of heart while the doctor was present and allowed Rowe to stay with her until she was discharged. "They finally figured out that we were not happy and one of the nurses came up and told Teresa that she could stay," she said. "Once she was back there people started being more kind to us, but I truly believe they were just trying to cover themselves."

The couple said they have never experienced such blatant discrimination. They are both so upset over the incident that they have contacted the ACLU for legal advice. Orbin said it was particularly upsetting that the hospital staff continually refused to acknowledge Rowe as her spouse, and failed to treat either of them with kindness or respect.

Another reminder of just how much work needs to be done to achieve true equality in the United States.

US Opposes UN Gay Decriminalization Resolution

Last week it was announced that the United States was the only major western nation to refuse to sign a United Nations statement that would condemn discrimination and persecution based on sexual orientation and gender identity.

66 of the 192 U.N. members signed the nonbinding declaration, with the majority of the opposition coming from Islamic countries, Russia, China and the United States.

The UN declaration, co-sponsored by both France and the Netherlands, was signed by all 27 European Union members, as well as Japan, Australia, Mexico and three dozen other countries.

France's human rights minister, Rama Yade, said, "It's disappointing," when referring to the U.S. position, which she described as a contradiction to America's tradition as a defender of human rights.

According to some of the declaration's backers, U.S. officials expressed concern that certain parts of the declaration might be problematic in committing the federal government on matters that fall under state jurisdiction. In many states, landlords and private employers are still allowed to discriminate on the basis of sexual orientation and on the federal level, gays are not allowed to serve openly in the military.

Carolyn Vadino, a spokeswoman for the U.S. mission to the U.N., stressed that despite its unwillingness to sign, the United States condemned any human rights violations related to sexual orientation.

Gay rights activists nonetheless were angered by the U.S. position.

"It's an appalling stance to not join with other countries that are standing up and calling for decriminalization of homosexuality," said Paula Ettelbrick, executive director of the International Gay and Lesbian Human Rights Commission.

She expressed hope that the U.S. position might change after President-elect Barack Obama takes office in January.

Also denouncing the U.S. stance was Richard Grenell, who until two months ago had been the chief spokesman for the U.S. mission to the U.N.

"It is ridiculous to suggest that there are legal reasons why we can't support this resolution _ common sense says we should be the leader in making sure other governments are granting more freedoms for their people, not less," said Grenell, who described himself as a gay Republican. "The U.S. lack of support on this issue only dims our once bright beacon of hope and freedom for those who are persecuted and oppressed."

More than 50 countries opposed to the declaration, including members of the Organization of the Islamic Conference, issued a joint statement last week criticizing the initiative as an unwarranted attempt to give special prominence to gays and lesbians. The statement suggested that protecting sexual orientation could lead to "the social normalization and possibly the legalization of deplorable acts" such as pedophilia and incest.

The declaration also has been opposed by the Vatican, a stance which prompted a protest in Rome earlier this month.

Rev. Federico Lombardi, a Vatican spokesman, stated that the Roman Catholic Church opposed the death penalty and other harsh repression of gays and lesbians, but expressed concern that the declaration would be used as pressure against those who believe marriage rights should not be extended to gays.

A new Vatican statement, issued last week, endorsed the call to end criminal penalties against gays, but said that overall the declaration "gives rise to uncertainty in the law and challenges existing human norms."

The European nations backing the declaration waged their campaign in conjunction with the 60th anniversary of the Universal Declaration of Human Rights.

Maxime Verhagen, the Dutch foreign affairs minister, stated that countries that endorsed the Universal Declaration of Human Rights in 1948 they had no right to carve out exceptions based on religion or culture that allowed discrimination against gays.

"Human rights apply to all people in all places at all times," he said. "I will not accept any excuse."

He acknowledged that the new declaration had only symbolic import, but said it marked the first time such a large number of nations had raised the cause of gay rights in the context of General Assembly proceedings.

"This statement aims to make debate commonplace," he said. "It is not meant to be a source of division, but to eliminate the taboo that surrounds the issue."

Although the declaration's backers were pleased that nations on six continents had signed it, there were only two from Asia and four from Africa.

New No on 8 TV ad with Samuel L. Jackson

The NO on Prop 8 campaign recently released a dramatic television ad narrated by actor Samuel L. Jackson. The ad calls upon all Californians to reject discrimination, and Vote NO on Prop 8.

The ad places Prop 8 in its historical context as a measure that would discriminate against certain Californians and treat them differently under the law. Historical footage is used from 3 grim periods in California's history where discrimination was allowed in the state;The Japanese American Internment in 1942, California's Ban on Interracial Marriage, in 1948 and Racially Restrictive Covenants, which lasted until 1948.

Oregon Senator Gary George tells gays to Shut Up!

In Oregon, two lawmakers are planning a statewide ballot initiative to repeal the gay-rights law passed by the 2007 Legislature prohibiting discrimination in housing and employment based on sexual orientation.

Senator Gary George is one of the co-sponsor of this ballot initiative and was recently interviewed by Oregon's Gay Newspaper, Just Out. I was so blown away by the Senators statements in this interview that I had to share them.

Just Out: Why are you sponsoring this repeal initiative?

State senator Gary George: I’ve had people approach me for special rights for homosexuals and I don’t believe anyone should have special rights. I’ve had members of the gay community come in and ask and I’ll say I’m sorry I don’t give anyone special rights.


Just Out: What sort of special rights do you feel that the Oregon Equality Act offers?

George: First off, I thought that was a fabrication of definition, in the sense that you gave special rights, it picks out another group, a lifestyle group, and says hmm, you have all these protections. The main thing that bothered us with the whole bill was the fact that here we go again, adding one more class of people that need to have special rights.


Just Out: Can you give an example?

George: If I discriminate in favor of you it automatically requires I discriminate against someone else. I was hoping with your generation we can stop calling each other ‘asian-american,' or 'latino-american...' There’s one talk show host, and he has really severe hard feelings against affirmative action. Because of the race that he is, I believe he’s Italian, he was discriminated against because he’s not black. I have dear dear friends in the legislature who are black but sometimes I really get tired of hearing about their color.


Just Out: What if an employee is fired because of his/her sexual orientation or gender identity? Isn't the Oregon Equality Act in place to guard against such discrimination?

George: As an employer, I don’t wanna hear about it. This workplace is for work purposes. My advice to the gay community is SHUT UP, just don’t talk about it. If you walk around talking about what you do in the bedroom, you should be on the pervert channel.


Just Out: What is your reaction to the recent murders of out gay youth in Florida and California?

George: Obviously murder is murder, there’s no excuse for that. Here’s what I’m saying, I think we’re seeing a backlash, in other words if you push me too hard don’t be surprised if I react. Gays will tend to react violently if people are oppressive toward them. If gays are oppressive toward straights, then you’ll see a violent backlash. You’re going to have a point where these groups develop and say I’m tired of these special privileges.


Just Out: Are you suggesting that gays, by virtue of being out and open, are inciting these types of violent reactions?

George: You have to recognize for every action there’s a reaction…we’re obviously not gonna tolerate anyone who beats up any other person.

If you do feel like you’ve been discriminated against as a gay, you have hard feelings. I remember when I was heavy and wore glasses as a child and I was picked on. We all know the gay person that nobody notices – I think that is where we need to head. Everybody knows where the line is, so when I see I’m offending someone, I have to back away from that. We have to adjust our behavior so as to not be offensive. If you push anyone too hard, they will react.

My plea to the gay community would be, hey, mature. We have brilliant, brilliant people within the gay community.


Just Out: Who are some of those brilliant gay people?

George: [Senator George laughs] We know a bunch of them, they’re some of the brightest and wealthiest people in the country.

But wait, there's more...


In an audio recording of Oregon State Senator Gary George (R - McMinnville) February 21, 2008 gathering of the Constitution Party of Oregon has emerged online in which the state senator vigorously agrees with an audience member that, with the state's new anti-discrimination law for sexual minorities in place, Oregon may be headed in the ideological direction of Nazi Germany.

About six minutes into the nearly hour-long speech, state senator Gary George says this:

"Do they [the legislature] have the ability to write a bill dealing with special rights for homosexuals? To say that if I should stand at a pulpit and reach back here and grab a bible and tell you that homosexuality is an abomination to God, and if you're a homosexual you need to stop doing that, okay. You need to stop that.

If I were to do that, under this bill, and we had the right people in the room, I could be brought up on charges - sound a little bit like Canada? Sound a little bit like Europe?"

Then a voice from the crowd yells out "Nazi Germany! Sieg Heil!"

"Nazi Germany, yeah that's right. And so, what happens is, what happens was, is they were able to get passed, and right now there's an effort out there by Marylin Shannon and a bunch of us that are actually going to challenge that. We're gonna say 'No, I'm sorry, you cannot provide special rights, you know, for homosexuals...' with the ability to sue you, and with the requirement that your children and your grandchildren be taught affirmatively that homosexuality is a great idea.

So that's the kind of thing that we're battling down there."

A Year After Death, Lesbian Fights for Justice for Partner

Lambda Legal news release:

Lambda Legal Advocates for Washington Woman Denied Visitation with Dying Partner in Miami Hospital.

Miami -- "There is nothing that can make up for what my children and I endured that day," said Lambda Legal client Janice Langbehn about the way she was treated on the day her partner, Lisa Pond, died. "We only want the hospital to take responsibility for how they treated us and ensure that it doesn't happen to another family."

On the one-year anniversary of Lisa Pond's death, Lambda Legal announces its intent to file a lawsuit on behalf of Pond's same-sex partner and family.

A year ago Janice Langbehn's partner of nearly 18 years was pronounced brain dead after being stricken with a brain aneurysm. While at Jackson Memorial Hospital in Miami, Florida, she was met with prejudice and apathy. Janice and her family were consistently denied visitation and didn't see Lisa until many hours after she was admitted. Lambda Legal has officially sent a notice of intent to sue to the hospital on Janice's behalf.

"The treatment that Janice and her children received was unethical and discriminatory," said Beth Littrell, Staff Attorney for Lambda Legal. "This letter puts them on notice that we are advocating for justice for Janice and her children."

While on a family cruise leaving from Miami Lisa Pond, a healthy 39 year-old, suddenly collapsed. She was rushed to Miami's Jackson Memorial Hospital with her partner Janice and three children following close behind. There, the hospital refused to accept information from Janice about her partner'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.

In accordance with Florida law, Lambda Legal is waiting for the hospital to respond to the notice of intent to sue before formally filing a complaint with the court. The hospital has six months from January 14th, the date of Lambda Legal's letter, to respond.

Beth Littrell, Staff Attorney in Lambda Legal's Southern Regional Office in Atlanta is lead counsel on the case for Lambda Legal. She is joined by co-counsel Donald J. Hayden of Baker & McKenzie, LLP.