NY Appeals Court: Gay Cannot Sue For Partner's Death

davidinalameda

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Fri Oct-14-05 10:08 AM
Original message

NY Appeals Court: Gay Cannot Sue For Partner's Death

http://www.365gay.com/newscon05/10/101305nyPartner.htm

A gay man whose partner died as the result of alleged medical malpractice cannot sue the hospital because the couple was not married a New York Court of Appeals ruled Thursday.

The court overturned a 2003 lower court decision that John Langan could sue St. Vincent's Hospital in Manhattan for alleged malfeasance in the death of Neil Conrad Spicehandler.

In a 3 - 2 ruling the court said that even though the couple had a civil union in Vermont if it allowed the suit to proceed it would be taken as judicial imprimatur of same-sex marriages and would constitute a usurpation of powers expressly reserved by our Constitution to the Legislature."

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Zenlitened

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Fri Oct-14-05 10:11 AM
Response to Original message

1. Why're them gays so hung up on marriage? They should be happy...

... to settle for some kinda civil union we might someday, eventually maybe let 'em have, and just quit complaining.

:sarcasm: (bitter, angry sarcasm)

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Dogmudgeon

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Fri Oct-14-05 10:13 AM
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2. Now it's a Federal Civil Rights case

Usurpation of Powers -- those "Powers" are the Peoples', not the Legislatures'. The Legislature simply acts (or not) to do the business of the People.

I hope Mr. Langan -- the bereaved man -- has the resources and stamina to take it to the courts again.

--p!

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xchrom

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Fri Oct-14-05 10:15 AM
Response to Original message

3. lol -- and this is why i'm angry, bitter --

this is all expect from this world -- these pigs will not recognize the common humanity of gay people.

if this goes to the supremes i expect the same.

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swimmernsecretsea

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Fri Oct-14-05 11:18 AM
Response to Reply #3

4. And we keep asking for special treatment...

Special treatment meaning consideration, empathy, common human rights, all those things.

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