Hospitals May No Longer Deny Gay Partner Visitation Rights

photo by Gregg Chadwick

"There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital. In these hours of need and moments of pain and anxiety, all of us would hope to have a hand to hold, a shoulder on which to lean – a loved one to be there for us, as we would be there for them."
- President Barack Obama, April 15, 2010

President Obama issued a directive to the Department of Health and Human Services to work to prohibit discrimination in hospital visitation. On April 15, 2010 President Obama directed Health and Human Services Secretary Sebelius to "initiate rulemaking to ensure that hospitals that participate in Medicare and Medicaid respect the rights of patients to designate visitors. The President further advised that the rule should ensure that participating hospitals may not deny visitation privileges based on factors including sexual orientation or gender identity."

Today, January 19, 2011, the new Hospital Visitation Regulations go into effect.

From the White House:

hospitals may not deny visitation privileges based on factors including sexual orientation or gender identity
Respecting the Rights of Hospital Patients to Receive Visitors and to Designate Surrogate Decision Makers for Medical Emergencies

Proposition 8 Ruled Unconstitutional by Federal Judge in San Francisco

REMEDIES

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED."

Full Decision at:
Full Decision: Proposition 8 Ruled Unconstitutional by Federal Judge in San Francisco

Governor Schwarznegger's Response is Classy:

Governor Arnold Schwarzenegger today issued the following statement after U.S. District Judge Vaughn Walker issued a ruling invalidating Proposition 8:

“Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.

“For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.

“Today's decision is by no means California's first milestone, nor our last, on America's road to equality and freedom for all people.”

Governor Schwarznegger's Response to the Judge's Ruling Against Prop8