Project 515 Proposes Legislation to Ensure Equality During Times of Illness and Death
Senator Prettner Solon (Duluth), Rep. Murphy (St. Paul) plan to author first bill
ST. PAUL, Minn., Jan. 22 /PRNewswire/ -- Project 515 is proposing
legislation to ensure equal and fair treatment for all Minnesota families that
are experiencing severe health issues and the death of a loved one.
Project 515's legislative proposal, discussed at a Capitol news conference
today, will provide committed same-sex couples the same right as married
couples to:
-- Honor the final wishes of their partners
-- Preserve their homes for their families
-- Seek justice after a wrongful death
"Most Minnesotans from across the state expect our laws to treat people
equally, yet 515 of our laws fall short," said Senator Yvonne Prettner Solon
(DFL, Duluth), who will author a Final Wishes Bill in the Minnesota Senate.
"Changes to current state law are necessary to ensure equal and fair treatment
for all Minnesota families."
Representative Erin Murphy (DFL, St. Paul), who will author a Final Wishes
Bill in the Minnesota House of Representatives, said, "This proposed
legislation focuses on real issues that affect Minnesota families every day.
Particularly at a time when all families are struggling, our laws should not
unduly add stress, financial hardship or even homelessness to the problems
families face."
The Final Wishes proposal will provide Minnesotans equal opportunities to
honor the final wishes of their partners. Under current law, committed,
same-sex partners do not have the automatic right that married couples have to
control the remains of their partner after death. This means surviving
partners may not be able to carry out their loved one's wishes for cremation
or burial. Costly legal documents may fail to guarantee this right and are
sometimes ignored. The legislative proposal will change the law's language to
include same-sex partners, eliminating the need for costly and ineffective
legal documents to ensure the right to honor a partner's final wishes.
Tim Reardon knows the pain and difficulty of discrimination first-hand. He
and his long-time partner Eric had developed health care directives and other
legal documents to protect their relationship and their daughter. Eric was
later diagnosed with a malignant brain tumor. It was only after Eric's death
that gaps in the documents became painfully apparent. Though documents showed
Tim as Eric's next of kin, the medical examiner and cremation society could
not recognize Tim as such, due to an error on the forms.
"This was the most vulnerable time of my family's life. Yet my partner's
wishes meant nothing," Reardon said. "I felt so betrayed and angry that our
relationship would not be acknowledged."
Project 515 also highlighted two other legislative proposals today:
-- Preserving one's home -- During times of extreme illness, the state may
step in to help a patient pay for needed medical care once the patient's own
resources are exhausted. In return, the state may place a lien on the
patient's home to recoup expenses. State law prohibits the enforcement of the
lien until after the patient's surviving spouse also dies. However, a
surviving same-sex partner does not have an equal right. Project 515's
proposal will allow same-sex partners and their families to stay in their
homes following the death of a loved one.
-- Seeking justice after a wrongful death -- If a spouse is wrongfully
killed, such as in a car accident, the surviving spouse may sue the person
responsible to recover medical or funeral expenses. Same-sex partners do not
have the same right and instead must cover expenses on their own. Project 515
proposes changing the law's language to provide same-sex couples the same
right to recover the costs of a wrongful death.
A statewide survey conducted by Decision Resources, a leading Minnesota
polling firm, found that Minnesotans value fairness and equality. Eight out of
10 Minnesotans believe the government should not treat people differently
because of their sexual orientation, the survey reported. Nearly 70 percent
believe "gays and lesbians should have the same rights and responsibilities as
everyone else."
Yet, a Project 515 study of all Minnesota statutes shows at least 515
current Minnesota laws discriminate against same-sex couples and their
families.
"As we've traveled across the state, we've heard Minnesotans from both
sides of the political aisle say that fairness and equality under the law are
critical," said Laura Smidzik, executive director of Project 515. "Minnesota
families need to know that our laws will treat them fairly, especially during
times of sadness and mourning. Pursuing revisions to some of the 515 laws that
discriminate will help us build stronger families and households in our
state."
About Project 515: Project 515 is a Minnesota non-profit organization
working to ensure that same-sex couples and their families have equal rights
and considerations under Minnesota law. There are at least 515 current state
laws that discriminate against same-sex couples and their families. For more
information, visit http://www.project515.org.
