One of the rights granted to married partners is the ability to visit one another in the hospital outside of the limited visiting hours set aside for friends and other non-family visitors. Married individuals also are able to make difficult medical decisions on behalf of their partners when they are incapacitated. These hospital visitation rights are crucial.
FindLaw describes medical-related and other rights and benefits extended to married couples. Same-sex partners in committed, long-term relationships (sometimes even legally married in other states) do not have these rights. As a result, same-sex partners have been fighting for hospital visitation rights.
President Obama last week pledged to extend hospital visitation and medical decision-making rights to same-sex partners, as reported by The New York Times.
The rules still have to be implemented by the Dept. of Health and Human Services, but would apply to all hospitals participating in Medicare or Medicaid.
Details are limited, but the new rules would allow an individual to designate a same-sex partner whom they consider family to make medical decisions and visit them in a hospital. An Illinois family law attorney could probably provide more insight if you need it about the specifics regarding this process.
President Obama called Florida resident Janice Langbehn from Air Force One to tell her he was moved by her efforts to sit beside her dying partner. She and their four adopted children were unable to visit her partner, Lisa Pond, and filed suit against the hospital:
"He apologized for how we were treated. For the last three years, that's what I've been asking the hospital to do. Even now, three years later, they still refuse to apologize to the children and I for the fact that Lisa died alone."
Janice Langbehn even had power of attorney over Lisa Pond's affairs, but the hospital still refused her request.
President Obama did not indicate a timeline for the rule changes.
Related Resources:
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Gay and Lesbian Adoption and Parenting (FindLaw)
- Obama Takes it One Step at a Time on Gay Rights (Baltimore Sun)
- Search Chicago Family Law Attorneys (FindLaw)
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