Gay marriage victories breeding anti-gay desperation
That thought – unusual for me – popped into my head more than once during the past week, as I’ve been reading about a series of events and comments related to marriage equality.
On one side are the continued struggles that same-sex couples face because of the continued legal and social failure to recognize our unions. On the other side, Maggie Gallagher has lately been doubling down on her opposition, seeming increasingly disconnected from rationality or moderation. Increasingly, her statements seem more concerned about some Platonic ideal of the form of marriage rather than its reality, and its capacity to solve problems.
Let me be more specific. On this site a few days ago, it was reported that the surviving member of a lesbian couple, and the couple’s child, is suing the state of Indiana for the death of her (unrecognized) spouse resulting from the collapse of a stage at the Indiana State Fair. But Janeen Beth Urschel, the surviving partner, faces a huge hurdle in her wrongful death suit: like most states, Indiana restricts recovery under these statutes to certain enumerated classes of people: spouses and children, usually . And unmarried couples, straight or gay, are not among those entitled to sue. So the victim’s seventeen-year-old daughter might be able to recover, but not Urschel.
Urschel’s lawyer, Kenneth Allen, plans to challenge the wrongful death law. Similar challenges were successful in California and D.C., but not in New York (even though, there, the couple had gone to Vermont and obtained a civil union license). So the prospects for success are unclear.
http://www.365gay.com/opinion/culhane-gay-marriage-victories-breeding-anti-gay-desperation/