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By Brian O'Leary Bennett
Two years ago, my then-domestic partner of seven years
had a life-threatening stroke. Rick was only 39. I walked
through the door of our home and found him stumbling, drooling,
arms slowly flailing about, trying but unable to speak,
banging against the walls. It is still a vivid, painful
memory.
The paramedics had Rick at the hospital in minutes. Once
there, it was just me and Rick's incredibly competent doctors
and nurses at Long Beach Memorial Hospital, no other family
members.
Rick lay paralyzed, incoherent and speechless in the emergency
ward. There was a relatively new, powerful and potentially
dangerous drug for clearing the stroke-inducing blockage,
but it had to be administered within three hours after
the onset. The doctors could only estimate when Rick's
stroke began. This uncertainty made quick decision-making
that much more urgent.
Give Rick the medicine or not? At first, it was believed
that traces of blood had seeped into his brain cavity,
making the treatment potentially lethal. The doctors went
through CAT scans and other tests to determine with virtual
certainty that no blood was present, so Rick could be given
the drug. It was a harrowing event.
I was the one the doctors approached, counseled, and queried.
In the end, the right advice was given and timely decisions
were reached. I was the one who gave permission, signed
the liability forms, made the decisions. As it should be.
I was one of two people, other than Rick, who remembered
that he had suffered something akin to a mild stroke 10
years earlier. With this information the doctors were able
to speed up their diagnosis and treatment. These are the
histories loved ones memorize as they build their lives
together. How dangerously cruel that because we are gay,
some people want you to believe our responsibility for
each other, our lives and our histories, shouldn't count.
I thank God that Rick has had a near complete recovery.
This is why it is infuriating -- and medieval -- that
signature-gatherers are outside stores and restaurants,
asking people to sign petitions to place an initiative
on the June 2006 ballot that would take away the right
of all gays and lesbians to make medical decisions for
our domestic partners. The initiative would also invalidate
domestic partnership rights for same-sex couples. All of
them. The initiative would even ban hospital visitation
rights for domestic partners, though its proponents deny
it.
The sponsors call it the "Voters Right to Protect
Marriage Initiative." But the state attorney general's
office has correctly renamed it "Marriage. Elimination
of Domestic Partnership Rights," because that's what
it would do. What would these people have had me do on
that Father's Day weekend two years ago? When literally
every minute counted, they would have had me try to track
down Rick's mother in Cincinnati on that holiday so that
she could make medical decisions from afar, over the phone.
If this initiative qualifies and passes, this is how it
will go down for tens of thousands of couples who failed,
forgot or couldn't afford the considerable expense to draft
medical decision-making documents. (At the time of Rick's
stroke, there was not yet a law giving domestic partners
an automatic right to make medical decisions for one another.
We spent thousands of dollars to have legal documents drawn
up spelling out our wishes about that and other decisions.)
It's nonsensical and heartless. The real-world consequences
might well be tragic, not to mention wrenchingly unfair.
A large majority of California voters -- cited in polls -- and
state legislators and now the courts all seem to agree:
Gays and lesbians have the right and obligation to take
care of their partners.
Just this month, the California Supreme Court ruled that
a San Diego country club must provide the same rights to
a member's domestic partner as it provides to a member's
spouse. And still the initiative's proponents insist that
we keep fighting yesterday's battles over medical decision-making.
The proposed initiative declares that only marriage between
a man and a woman is valid or recognized in our state -- an
issue clearly worthy of its own up-or-down vote. But its
sponsors don't want you to have one. They have had success
around the country hiding repeal of domestic partnership
rights within a "protect marriage" campaign.
Many
people who voted no on marriage most likely did not intend
to say no to medical, visitation, and other partnership
rights too.
So when a signature-gatherer outside a restaurant or at
the mall asks you to sign a petition for this initiative,
read the fine print. Know all of what the initiative is
going to do before you sign it. Know it would take away
my right to care for my loved one during a medical emergency
and much more.
I cannot begin to imagine what could have happened if the
doctors in the emergency room had refused me the right
to make medical decisions for Rick that day.
In those critical moments, no one should be put at risk
because the person who loves him and knows him the best
has been banished to a waiting room.
Please help stop this effort to eliminate rights for domestic
partners.
Brian O'Leary Bennett is a member of the state board of
directors of Equality California, a gay rights organization,
and a member of the State Executive Committee of the California
Republican Party.
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