Lesbian Fights for Visitation of her Dying Partner

This is why we need "marriage" equality NOW!
Gay Woman Fights for Visitation Rights in Miami Court

A gay woman not allowed to visit her dying partner at Jackson Memorial Hospital in 2007 hopes a federal judge will allow her claims of emotional distress and negligence to go to trial.

As her partner of 17 years slipped into a coma, Janice Langbehn pleaded with doctors and anyone who would listen to let her into the woman's hospital room.
Eight anguishing hours passed before Langbehn would be allowed into Jackson Memorial Hospital's Ryder Trauma Center. By then, she could only say her final farewell as a priest performed the last rites on 39-year-old Lisa Marie Pond.

Jackson staffers advised Langbehn that she could not see Pond earlier because the hospital's visitation policy in cases of emergency was limited to immediate family and spouses -- not partners. In Florida, same-sex marriages or partnerships are not recognized. On Friday, two years after her partner's death, Langbehn and her attorneys were in federal court, claiming emotional distress and negligence in a suit they filed last June.

Jackson attorneys filed a motion to dismiss the case on grounds that the hospital has no obligation to allow patients' visitors.

Following a hearing lasting more than an hour Friday, U.S. District Judge Adalberto Jordan said he would try to decide soon whether the case could proceed to trial. He gave no specific date.

The suit is winding its way through federal court only months after voters approved the Florida Marriage Protection Amendment, which defines marriage as a union between a man and a woman. The statewide amendment garnered more than 62 percent of voters -- surpassing the 60 percent threshold required for ratification.

Supporters of Florida's Amendment 2 -- mostly conservatives and Christian groups -- argued it was needed to protect families and the traditional institution of marriage by promoting homes with a mom and a dad.

Opponents argued that gay and straight, unmarried Floridians risked losing domestic partner benefits, such as health insurance, hospital visitation rights and the ability to make end-of-life decisions.