Obama Takes Step Toward Equal Rights

For many years now, gays, lesbians, bisexuals and transgendered individuals have been unable to enjoy the same rights as other Americans. This is especially true when it comes to the rights of a sick or dying person in a hospital. Too many times, these individuals have been denied the right to visit or console a life partner in their time of need.

This is because many hospitals give visitation and decision-making authority only to legally-recognized family members. Since few states recognize the right of homosexuals to marry, that means their partners are not recognized as a family member -- even though they may have lived in a committed relationship for many years.

This unfair behavior even extends to a living will created beforehand by the sick person. Even though the person may have designated their life partner to be the decision-maker in a time of emergency, many hospitals have refused to honor that since the people were not legally married or related by blood. There is no way that this hospital behavior is right, but it has been happening in violation of the sick or dying person's wishes.

President Obama has decided that this terrible injustice must stop. Yesterday, he instructed the HHS secretary to draft new rules for hospitals receiving Medicare or Medicaid funds. They must now abide by the wishes of the sick person. If he/she wants an unmarried life partner (or just a friend) to visit, console or even make medical decisions, then that is the way it will be. Any hospital that doesn't abide by this new rule could have their government funds cut off.

When giving the order, President Obama said, "Every day, all across America, patients are denied the kindnesses and caring of a loved one at their side -- whether in a sudden medical emergency or a prolonged hospital stay. Often, a widow or widower with no children is denied the support and comfort of a close friend. Also uniquely affected are gay and lesbian Americans who are often barred from the bedsides of the partners with whom they may have spent decades of their lives -- unable to be there for the person they love, and unable to act as a legal surrogate if their partner is incapacitated."

He went on to say this should "guarantee that all patients' advance directives, such as durable powers of attorney and health care proxies, are respected", and that patient designees should be able to "make informed decisions regarding patients' care."

While this gives gays and lesbians rights they have long been denied, it also extends the rights of heterosexuals. If a person has no family, or is estranged from his/her family, they can designate a close friend or unmarried partner to visit and, if necessary, make medical decisions. In other words, these new rules will be beneficial to persons of all sexual orientations.

I don't know why this couldn't have been done a year ago. Maybe the president thought it could interfere with his proposed health care reforms. No matter. At least it has now been done. Finally the sick and dying have the right to make their own decisions -- regardless of hospital policy or rules.

With this decision, the president has taken a step toward insuring equal rights for all Americans. It is only a small step, and much more needs to be done -- but at least it is a step in the right direction.