A slap in the face to LGBT couples

December 1, 2009

FOR LESBIAN, gay, bisexual and transgender (LGBT) Rhode Islanders, the law is a fickle creature.

While the state does not have a "defense of marriage" act on its books, it still does not grant marriage licenses to same-sex couples even though, according to a decision issued by Attorney General Patrick Lynch, marriages performed out-of-state are recognized by Rhode Island. If, however, these out-of-state gay and lesbian married couples wish to get a divorce, the Family Court Act of 1967 defines divorce as an act between a man and a woman.

It was precisely this kind of legal confusion that prevented Mark Goldberg from being able to claim the body of his partner of 17 years, Ron Hanby, after he committed suicide. The couple had a marriage license from the state of Connecticut, but for 32 days, Goldberg was not allowed to claim his partner's body and carry out his final wishes.

To correct this terrible injustice, a bill was introduced in the Rhode Island General Assembly that would have allowed domestic partners to make funeral arrangements for each other. The bill, which passed nearly unanimously, was then vetoed by Gov. Donald Carcieri, who said that it was a "disturbing trend towards redefining marriage."

Two days later, Carcieri met with Queer Action R.I. (QuARI). The group sought a meeting with Carcieri after he agreed to be the keynote speaker at a fundraiser for the Massachusetts Family Institute, a group that regards LGBT people as mentally ill. Carcieri told QuARI that his staff was "looking into" the so-called "everything-but-marriage" law that recently passed in Washington state, and indicated that he may be willing to consider domestic partnership benefit legislation.

This was not good enough for R.I. resident Heather Curley, who, along with a small group of friends and the support of QuARI and the Providence Equality Action Committee (PEAC), staged a mock funeral for the bill--complete with a coffin and guest book. About 200 people came out to pay their respects on the steps of the Rhode Island State House.

"Vetoing this bill was a thoughtless and cruel act," said PEAC activist Brienna Carparco, "but we are not in mourning for this loss. We are fighting back."

Carcieri has long been an opponent of LGBT equality, but this marks a new low. This particular bill has a veto-proof majority of votes, however, and is expected to be overridden in January--but a vote on full marriage equality has yet to be scheduled.

Full marriage equality is really the only way to iron out the contradictions in Rhode Island law, and to prevent something like this from happening again.
Josh Kilby, Providence, R.I.

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