Horrifying: Domestic Partner of Man Slain in Race-Based Crime Can't Sue Because of Mississippi Law

[marmar]

Horrifying: Domestic Partner of Man Slain in Race-Based Crime Can't Sue Because of Mississippi Law


In Jackson, Mississippi, a carload of white teenagers are alleged to have beaten, robbed and run over an African-American man, killing him, in what appears by all accounts to be a particularly brutal race-based hate crime.

Now, as the truck's driver sits in prison awaiting capital murder charges and his companions may yet face criminal penalties of their own, the family of James C. Anderson is filing suit against the teens for wrongful death.

Another brutal irony in the case is that Anderson was gay and in a long-term relationship, with a daughter. But his partner, who may suffer the most from his loss, cannot join the lawsuit, as the New York Times reports: "James Bradfield, Mr. Anderson’s partner of 17 years, is not a plaintiff. Under Mississippi law, same-sex partners have no claim in civil actions like this, Mr. Dees said."

As blogger Rod 2.0 notes: "the slain man's partner of almost two decades is forced to sit on the sidelines—courtesy of the Defense of Marriage Act and the lack of statewide protections for LGBTs and same-sex couples in Mississippi. Yet another example of Mississippi justice." It's another example of how discriminatory practices on paper can have devastating real-life consequences.

h/t Queerty

By Sarah Seltzer | Sourced from AlterNet
Posted at September 7, 2011, 10:09 am


http://www.alternet.org/newsandviews/article/662718/horrifying%3A_domestic_partner_of_man_slain_in_race-based_crime_can%27t_sue_because_of_mississippi_law/

[xchrom]

1. Recommend

[Betsy Ross]

2. K&R n/t

[lonestarnot]

3. Mississippi doesn't recognize common law marriage. Would have also happened to a heterosexual

couple.

[csziggy]

4. But there are no laws prohibiting heterosexual couples from making it legal

THAT is the difference. No matter how committed a same sex couple is, how much they intend to live their lives together and want to make that intention a legal contract, they are not allowed under Mississippi law. A heterosexual couple who does not become legally married does so by choice. A same sex couple does not have that choice.

Trying to claim the two situations are equivalent is not reasonable in today's United States.

[lonestarnot]

5. There are states in which same sex marriage is legal.

[LeftyMom]

6. If they had been married in another state theirs would not have recognized it.

That's why DOMA needs to go away.

[lonestarnot]

7. Fuckers! I wouldn't live in Texas if I were paid to live there.

[LeftyMom]

8. What? nt

[lonestarnot]

11. If I were paid to live in TX, I would not live in TX.

[csziggy]

10. DOMA prevents states from recognizing same sex marriage from another state

Even though recognition of out of state marriage has been the norm for many years. I don't know if Texas specifically has a law banning recognition of same sex marriage from across state lines. The exception - bi-racial marriages from out of state were not recognized in many states until the Supreme Court finally made a decision on it.

The argument could be that they could have moved to be legally married. That can be difficult to impossible for many reasons - jobs, family, legal (shared custody of a child), and more. The sane argument is why should they move to have equal rights?

[lonestarnot]

12. Understand.

It is insane.

[fishwax]

13. a heterosexual couple could have gotten married n/t

[sabrina 1]

17. Yes, that is true in all but a few states. I know from personal

experience. Heterosexual domestic partners have no rights either in a situation like this.

[Aerows]

9. There are days when I hate my state.

This is one of those days. Poor man.

[lonestarnot]

14. There are days when I hate mine also, but I was surprised by a State Court of Appeals

ruling I read about here either this week or last week.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4987515

[Bluebear]

15. Mr President, this is why "states rights" is a horrific stance on gay marriage

[Bluebear]

21. K

[kenny blankenship]

16. There's a carload of white teenagers the world would do well to rid itself of

Da Crusher: Making life better, one carload at a time.

[Behind the Aegis]

18. State's rights ROCK!

:eyes:

Evolve, damnit!

[Bluebear]

19. +++++++++++++

[EFerrari]

20. .

[Dogtown]

22. Most horrific case or irony ever.

:cry: