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Update: R.I. governor vetoes 'domestic partners' burial bill

4:05 PM Tue, Nov 10, 2009 |
Katherine Gregg    Email

PROVIDENCE, R.I. -- An opponent of same-sex marriage, Governor Carcieri has vetoed bill that would have added "domestic partners'' to the list of people authorized by law to make funeral arrangements for each other.

In his veto message, Republican Carcieri said: "This bill represents a disturbing trend over the past few years of the incremental erosion of the principles surrounding traditional marriage, which is not the preferred way to approach this issue.

"If the General Assembly believes it would like to address the issue of domestic partnerships, it should place the issue on the ballot and let the people of the state of Rhode Island decide.''

The bill, also sponsored by state Sen. Rhoda Perry and state Rep. David Segal, would add "domestic partners'' to the list, in current law, of people who can legally make arrangements for a deceased person's funeral, cremation or burial to include domestic partners if the deceased person left no pre-arranged funeral contract.

The legislation defines a domestic partner as someone who was in an "exclusive, intimate and committed relationship" with the deceased and had lived with him or her for at least a year prior to the death; is at least 18, not married to anyone else, not related by blood and who was financially "interdependent'' with the deceased as evidenced, for example, by a joint mortgage, shared credit card or domestic partnership contract.

According to its sponsors, the legislation is designed to provide rights to domestic partners regardless of whether they are of the same or opposite sexes.

Carcieri cited at least two other reasons for his veto.

As written, he said the bill would allow the decisions of a "partner'' of a year to take precedence over "traditional family members,'' and he believes a "one year time period is not a sufficient duration to establish a serious bond between two individuals...[relative to] sensitive personal traditions and issues regarding funeral arrangements, burial rights and disposal of human remains.''

Carcieri said he was also uncertain "how it would be ascertained in many circumstances whether [a couple] had been in a relationship for year'' since there is "no official or recognized form'' of domestic partnership agreement in Rhode Island. He called this proviso "vague and ill-defined.''

Governor Carcieri has vetoed 24 other bills today

Describing himself as ''genuinely upset'' by Carcieri's actions, Rep. Segal said: "'I think the man is heartless and this has become a bad joke that has carried on for far too long.'' The joke? "His insistent, persistent need to assert himself by undermining the lives of gay people who love each other and want to be in committed relationships.''

Segal said Carcieri took his adamant opposition to same-sex marriage too far, since this "doesn't change the definition of the word 'marriage,' as evidenced by the fact the "overwhelming majority of people in the General Assembly who oppose gay marriage saw fit to support the legislation. ''

The legislation was prompted by one of the more heart-wrenching personal stories to emerge from the same-sex marriage debate.

At a hearing this year on one of the stalled bills to allow same-sex marriage, Mark S. Goldberg told a Senate committee about his months-long battle last fall to persuade state authorities to release to him the body of his partner of 17 years, Ron Hanby, so he could grant Hanby's wish for cremation -- only to have that request rejected because "we were not legally married or blood relatives."

Goldberg said he tried to show the police and the state medical examiner's office "our wills, living wills, power of attorney and marriage certificate" from Connecticut, but "no one was willing to see these documents."

He said he was told the medical examiner's office was required to conduct a two-week search for next of kin, but the medical examiner's office waited a full week before placing the required ad in a newspaper. And then when no one responded, he said, they "waited another week" to notify another state agency of an unclaimed body.

After four weeks, he said, a Department of Human Services employee "took pity on me and my plight ... reviewed our documentation and was able to get all parties concerned to release Ron's body to me," but then the cremation society refused to cremate Ron's body.

"On the same day, I contacted the Massachusetts Cremation Society and they were more than willing to work with me and cremate Ron's body," and so, "on November 6, 2008, I was able to finally pick up Ron's remains and put this tragedy to rest."

"I felt as if I was treated not as a second-class citizen, but as a noncitizen," Goldberg told the Senate Judiciary Committee, an hour into the first hearing this year in the 13-year push by gay-rights advocates for the right to marry in Rhode Island, and the pushback from the Roman Catholic Church and other opponents.

Kathy Kushnir, executive directive of the advocacy group Marriage Equality of Rhode Island, called the governor's veto "unconscionable'' when "people are trying to piece their lives together, which is what Rhode Island is requiring them to do without legal recognition,'' and then when "faced with a time that could not be more difficult or more painful, not even being able to take care of funeral arrangements for their loved ones."

This story was originally published at 4:20 p.m.

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Comments

Brad said:

This is just disgusting bigotry on the part of the Governor. I am not one who would benefit from the change in the law, but it is an obvious affront to certain citizens of this state who are denied rights for no apparent reason. When will logic and reason prevail over antiquated prejudices?



cv said:

Wow, we cannot even bury our dead. This governor wants to run everyones life. He uses traditional family as his escape goat. Hey governor, contrary to your opinion, we all pick our friends not our relatives. That is why I do not depend on the likes of people like you to define my choices and I would recommend to all gay people out there. Get a legal document defining your relationship, demanding how and who you want to execute your estate and in health care, not only should you determine who will make decisions for you, but have a lawyer draw up documents as well. Most importantly, always leave your "traditional family" at least one dollar in your will that way they have little to contest. Protect yourselves because our country , that we live in considers us second class citizens and not worthy of their benefits. Peace



Warwick Republican said:

When Gay and Lesbian TAXPAYERS pass-away, their funeral decisions, should NOT be made by their partners of 30,40 or 50 years, Governor and Mrs Carcieri should make those decisions for them.
(with advise from the CRAZY Rev Fred Phelps and Bishop Tobin, of course)



Jackson said:

This man is an ignorant buffoon who history will judge harshly. Like Goc. Wallace blocking the schoolhouse door in the 60's, Carcieri will be exposed for the small-minded, ignorant, shockingly mean spirited little man that he is.



Warwick Republican said:

"one year time period is not a sufficient duration to establish a serious bond between two individuals"
So a straight couple married for 10 months, is NOT
a serious bond, according to Carcieri. And they
SHOULD NOT be allowed to make funeral arrangements



taylor said:

What a shame!!! I am heterosexual..I know lots of people who are gay....Not a lifestyle that they chose. I am sure that everyone behind this bill knows someone (probably care deeply about them) who is gay!!! Shame, Governor!!!...When did you become the voice of everyone???



Henry238 said:

Jackson, this Governor will not be judged harshly in history. He will be judged as an honest man who tried to save the state money and help this state but was rebuffed by the Democratic general Assembly who are all in bed with the unions and special interest groups. He is one of the few in that whole state house whom we can trust. The others have THEIR hands in YOUR pockets.



Jay said:

This is deplorable. Lower than low. What an insult to the citizens of RI. He should be impeached. Just another reason for the many wealthy and decent hard working class families alike with gay relatives (myself included), co-workers, and friends are definately going to eventually leave this state for good as it becomes a low class uneducated cesspool more and more each day.



stux said:

The governor's veto is downright appalling. It's no wonder people are leaving RI left and right.



George T. Marshall said:

This man has no understanding of the constitution and the separation of church and state. He should be impeached and not allowed to complete his term.



kevinbgoode said:

Well, if the Governor believes that some people's relationship rights should be put up to a vote, why don't the people of Rhode Island hold a referendum advocating dissolution of his own marriage? Perhaps if he was stripped of the rights he so clearly wants to deny other citizens, he'd start behaving like a public official who actually is supposed to protect the interests of ALL the citizens.

Moreover, the Governor appears to view the state interest in funeral preparation as some dictatorial policy requiring licensing from the state. In fact, the only state interest in the regulation of the ceremonies and disposal of the dead is solely based on PUBLIC HEALTH - not on marriage.

I suggest all those residents of Rhode Island who are single and living with someone, straight or gay, designate a place in their backyards for a family plot and declare their property independent of the state. They can appeal to some civilized government to become an outpost of another country (like a consulate) or just declare their homes and property no longer part of Rhode Island.

They have all the right reasons to do it - after all, the governor of the state is clearly behaving like some tyrannical monarch.



Evan Waters said:

Henry,

Apparently the people of RI can trust him to defy their last wishes, if they happen to be gay.

Honestly? I'll take corrupt over callous.



Tim said:

As a former Rhode Islander, I can honestly say I would never move back to the Ocean State if it continues to be run by neanderthals like Gov. Carcieri. How can he claim to be a good Christian when one of the corporal works of mercy is to bury the dead. This veto, sure to be overridden, is nothing less than a mean-spirited attack on a minority population by a hate-filled man whom history will judge in the same category as elected officials (he cannot be called a leader) who barred women and African-Americans from full equality before civil law. What a heart-less thing to do.

I guess the Governor considers the 55-hour marriage of a pop star to be more valid than a one-year or 50-tear committed partnership. To quote Joseph Welch who asked the same question of Senator Joseph McCarthy, I hope all RIers ask this governor, "Have you no sense of decency, sir? At long last, have you left no sense of decency?"



John S. Hall said:

Upset with the governor's decision?

Let him know:
http://www.governor.ri.gov/contact/#



Larry Bailey said:

In 59 years of life as a gay man, I do not recall such a monsterous act by a politician in any state, let alone in one that has been consistently progressive. I am deeply saddened to know that anyone, especially the Governor of Rhode Island, can act in such a mean spirit and without any human compassion toward us (or anyone). Please Rhode Island: let's remove this Governor and the stain he has brought to this great State. He is NOT worthy of any office, let alone such high office.



ren said:

First, it is an insult that after more than 30 years together, my partner and I need a special law for burial rights. It was an insult to hear people on talk radio approving the legislation by saying it was "the humane thing to do." We are not animals to be treated kindly. We are human beings who follow laws, do our jobs well, help others when we can--we are good citizens, but we are not treated as such. We live apart from all the laws that protect heterosexual loving couples. And now in this battle for dignity and human rights, we are not even allowed to carry away our own dead. For his sake, I hope the governor's god is more tolerant than he is.



Jane said:

I totally agree that the Governor does not speak for ALL of the people in the State of RI. Only those people that he approves of are given any consideration. Thank God for term limits.



Ballston in Va said:

"If the General Assembly believes it would like to address the issue of domestic partnerships, it should place the issue on the ballot and let the people of the state of Rhode Island decide.''

Kewel. Let's put to a public vote a law that would bar anyone of Italian descent from marrying someone of a different heritage!



Rocks said:

Goldberg said he tried to show the police and the state medical examiner's office "our wills, living wills, power of attorney and marriage certificate" from Connecticut, but "no one was willing to see these documents."


There is something really fishy here. Why would they ignore a will? Wills have nothing to do with whether you are married or related and the state can't ignore a legally executed will.

This story doesn't wash.



Michael said:

Shorter Carcieri: "The Vatican won't like it."



Grey said:

Where are all the libertarians and "get the government out of my personal life" republicans???
Oh that's right, it's only another farce to grab more power for themselves (big business, gun lobby, etc) while putting more burdens on groups they are bigoted against.
The government is obstructing a private citizen's private business! Deregulate government-run marriage!
It's sick how conservatives are anti-government when it comes to social aid programs, but for authoritarian government when it comes to forces their bigotry on the state.



David V said:

"I like your Christ. I do not like your Christians. Your Christians are so unlike your Christ. " - Mohandas Gandhi



James Martin said:

How disgusting! My partner of 10 years was thrown out of his home and his FOURTEEN siblings, Mom, Dad had NOTHING to do with him during that time. NOTHING. When he died, I was told to leave the hospital, barred from the funeral and he was given a "Christian" burial instead of the cremation he wanted. He had been in the hospital for 3 weeks before he passed away and no one relative called or came by to see him. Yes, they knew about his hospitalization because I called the Mom when he was checked in. Even worse, the "preacher" at his funeral said my partner had "admitted he sinned for being gay". I would love to know where he heard that since my partner had not been in church in 29 years and hated religion. I got this news from a recording his Mom sent me to prove he was "saved". 11 years later I still hurt.



Nico said:

Don't forget he's up for reelection next year!

Here's Lincoln Chafee's campaign website: http://www.chafeeforgovernor.com/



Stephen said:

Very sad. I knew Ron Hanby and he was a good person. He would have been mortified at the thought of a government body causing his physical body to sit in limbo for a month while anti-gay bureaucratic red tape played out. Ron deserved better, as did his partner. The people of Rhode Island deserve better than this veto as well.

I hope the veto is overridden by the Rhode Island legislature. Together they can put add a bit of common sense decency into Rhode Island law and give the governor a badly-needed lesson on compassion.



Van van der Voort said:

Are there enough votes to override him?



Wish I Could Tell You said:

I have said prayers for that sinner's soul who denied loving people a final dignity. Judgement Day is coming. Homophobia is a sin.



Morgan said:

Carcieri is reason I visited every New England state while taking care to use the MassTurnpike (rather than rt 95 which cuts through Rhode Island) to avoid every inch of RI on my way home to Maryland.

I went through the length of Mass from Provincetown to the NY state border down the Hudson Valley over Tappan Zee bridge to NJ, stopped in DE (suddenly as good a state as Maryland for gay rights as of June of 2009 after one of its very worst DE antigay legislators passed away allowing several DE gay rights laws to pass that before were not possible. I saw beautiful autumn New England and New York State scenery and avoided RI.

I e-mailed Carcieri to let him know he was the cause of me avoiding RI tourism. The man is simply hateful from what I read of him.



Tom B. said:

One of my sadder memories of life in Rhode Island goes back to the mid-80s when a butch lesbian died at a young age. Her gay friends were shocked when they entered the Providence cathedral and saw that her biological relatives chose to display her body in a dress. She never would have worn such a garment while alive, and it was a heartless insult to both her and her surviving partner. The governor's veto allows such cruelty to continue in an era when most heterosexual people are willing to let gay couples live (and die) in peace and dignity. Gay couples spend hundreds or thousands of dollars on wills, living wills, powers of attorney, trusts, etc., yet sometimes bigots still prevail. This is why gay people need full legal marriage rights nationwide.



Matthew said:

This idiot is on the wrong side of history and needs to go away so RI can move forward. He and his rediculous wife are holding back RI's progression on so many fronts. Not only has he failed to stimulate the economy, but now businesses and individuals will choose to go somewhere else. Way to go old man.



joe vandal said:

more quality republican governance for the alabama of new england.



Gail said:

My partner and I signed a "declaration as to remains" to make sure we could legally bury one another - this was in MA but such a document should also be possible in RI - I encourage couples to do this!!!! while we wait for justice.



RichardS said:

It's always republicans that shout against too much government interference, until it comes to the gays. Then they're all for government interference and lots of it. The republican party and those that belong to it ought to be ashamed for their bigoted ways.



Lise said:

There's simply no excuse for this except EVIL. Cruelty. Maliciousness. There's not even a hackneyed religious justification you can dig out of the Bible.




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