The Indianapolis Star released an article this morning on the arduous legal battle being fought by Alisha Brennon and Beth Urschel after their partners died in the Indiana State Fair Tragedy.
The Star reports that one wrongful death lawsuit has been filed and another is in the preliminary phases. Even though Urschel and her partner had registered as reciprocal beneficiaries in Hawaii and Brennon and her partner were in a civil partnership in Illinois, the wrongful death claims may be difficult to prove under existing Indiana law.
How unfortunate that couples that had committed to one another in other states must be forced to fight to prove standing for their relationship during such a time of loss and sadness.
This is just another example of the inequities faced by same-sex couples in Indiana when they lack basic civil rights enjoyed by other couples throughout the state.
In the article, Jennifer A. Drobac, a professor at the Indiana University School of Law-Indianapolis, put the situation into perspective stating, "I kind of wonder how heterosexual couples would feel if they crossed a state border and they were legal strangers."
Read the full article at the Indianapolis Star
What Hoosiers need to realize is that even if the Indiana General Assembly were to pass a law making the Wrongful Death statute applicable to same-sex couples, it would be wiped back off the books if HJR-6 were to become part of Indiana's Constitution. That measure has already passed the legislature once, and if it passes again in 2013, will go to the voters in November 2014. Since it not only bans same sex marriage, but anything "substantially similar" to marriage, if the voters approve it, no future legislature could remedy similar inequalities and injustices such as the tragic Fairgrounds episode has highlighted.
Posted by: Don Sherfick | September 19, 2011 at 03:45 PM
Thanks for sharing your thoughts and views about this matter. Keep us posted.
Posted by: jobs online | January 31, 2012 at 10:52 AM