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Keeping Promises:
New York Gays and Lesbians Win Majority Milestone in NY


by Cynthia Potts

        NEW YORK, NY — "They buried her at night," Terry Checksfield said, speaking of Barbara, her partner of 27 years. "And Barb was afraid of the dark."
       Thanks to the attention that Checksfield brought to end of life issues for gay and lesbian couples in New York, no one else has to go alone into that darkness. According to Empire Pride, on Friday, February 3, 2006 Governor George Pataki signed legislation that gives same-sex domestic partners the right to make decisions about the remains of their loved ones.
       While the Pride Agenda has been passing bills for several years addressing specific needs of domestic partners, this bill is notable from all the others in one very significant way. For the very first time ever in New York State law, this bill gives our relationships priority over blood relatives and puts us on equal footing as a spouse in being the lead decision-maker on this critical issue.
      Now domestic partners (of any orientation) can use a simple form to designate who is to have control of their remains after they pass away. This document will put an end to conflicts like the ones Checksfield faced, when Barbara's blood relatives objected to their relationship and buried Chechsfield's partner on private property she is not allowed to visit. Taking the process one step further, the legislation states that in the absence of said form, an order of priority exists. Domestic partners or spouses take precedence over blood relatives.
       New York is the eighth state to adopt such legislation. The District of Columbia also offers such protection to gay and lesbian couples.
When asked for a comment on the new legislation, Checksfield replied, "I am very grateful, but it seems I have a lot more work to see that this legislation gets passed in the rest of the country."

Cynthia Potts can be reached at cbpotts@gmail.com



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