New York State Governor George E. Pataki signed a bill that provides domestic partners, both same sex and opposite sex, the ability to make decisions about the disposition of their partner’s remains.

The passing of the Control of Remains Bill marked the first time in New York state law that same-sex relationships have been given priority above a blood relative.

‘It’s certainly only the beginning of legal and social representation of the (lesbian, gay, bisexual and transgender) community,’ said Adrea Jaehnig, director of the LGBT Resource Center at Syracuse University. ‘At the same time, though, it’s heartbreaking that this law is just getting passed now.’

Jaehnig said there are close to about 1,800 rights and responsibilities that go along with marriage, and most straight couples take them for granted. The Empire State Pride Agenda has been a vigilant advocate for the LGBT community, lobbying for the same rights for same-sex couples.

‘We’re not just an amorphous group; we’re real people,’ Jaehnig said.

However, many in the LGBT community lament the fact that the same-sex relationship isn’t really recognized until a partner has passed away, Jaehnig said.

‘It’s the lowest common denominator,’ Jaehnig said.

Brian Stout, president of Outrage, an undergraduate student LGBT activist organization, said although the group had been primarily focusing on the Gender Extension Non-Discrimination Act, it was excited about the signing of the bill, especially since Pataki is a conservative.

‘I hope it’s a sign that the state is heading toward full marriage rights for same-sex couples,’ Stout said. ‘This bill gives us good precedence for the future.’

While many in the LGBT community are exited about what the bill may mean for the future, Stout said, when it gets something it feels it deserved all along, it doesn’t necessarily feel like throwing a victory party, just feels people value its members for who they are.

New York state residents were overwhelmingly in favor of the pro-family bill. Eighty-nine percent of Democrats, 81 percent of Independents and 76 percent of Republicans said providing this right to same-sex partners was important.

Estranged family members of the deceased are frequently given control of the body with no regard for the partner or caregiver, the one who is most likely to know the wishes of the deceased.

This was the case with Phoenix, N.Y. resident Terry Checksfield who lost her partner of 28 years, Barbara Blake, to cancer and then had Blake’s body taken from her by Blake’s estranged family. Checksfield wasn’t allowed to attend the funeral or visit the gravesite.

‘If someone wants to deny you a right – be it hospital visitation or funeral home – it would be legal without a marriage license,’ Stout said.

During the question and answer portion of his lecture, ‘Words to Our Now,’ at the Shaffer Shemin Auditorium Wednesday night, author and LGBT activist Thomas Glave called the bill ‘an important legal step,’ especially considering the emotional importance of human remains.

Published on February 8, 2006 at 12:00 pm