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(Dallas, Texas) Recovering from the devastation of
hurricane Katrina may be particularly difficult for same-sex couples who are not
recognized in any of the three states directly hit by the storm or in those
states where refugees have fled.
Louisiana has a constitutional amendment banning
gay marriage and prevents the state from recognizing any legal status for
common-law relationships, domestic partnerships or civil unions. Mississippi and
Alabama both have defense of marriage acts which also deny rights to gay and
lesbian couples.
The Federal Defense of Marriage Act prevents FEMA
from providing any relief in the form of family benefits to same-sex couples.
The laws also will directly impact gay and
lesbian families where one partner has died as a result of the hurricane.
Federal DOMA bars Social Security survivor
benefits. State benefits would also be denied.
If the deceased partner were the birth or
adoptive parent of the couple's children those children could be removed from
the care of the other parent and placed in foster care.
Should the family home be in the name of the
deceased partner the survivor would have no rights. Any insurance payouts
could go to the estate of the deceased and if there is no will would go to the
closest blood relative.
In cases where one partner is hospitalized the
other partner would not be guaranteed visitation rights or any say in medical
care.
Surviving same-sex partners even could be denied
any say in funeral or burial decisions.
Even in those cases where couples had legal
documents such as living wills, powers of attorney or other agreements that
could be valid in the states in which they were prepared and notarized there is
no guarantee they would be honored in states where survivors were relocated.
"It underscores all of the inequities
same-sex couples face," Lambda Legal attorney Ken Upton told 365Gay.com.
Upton is the director of Lambda's office in
Dallas, the closest major city to the disaster zone where the organization has a
legal office.
Most of the evacuees from the New Orleans area
are being relocated to Texas, primarily in the Houston area. Upton said
that in the coming weeks he expects to hear from many same-sex couples who are
encountering legal problems.
"It's hard at times like these for marginalized
groups - particularly gays and lesbians - to be part of the bigger American
picture," Updton said.
Two relief organizations are recognizing same-sex
families: the American Red Cross and the Rainbow Fund.
The Red Cross was the first major aid agency to
help gay and lesbian couples in the immediate aftermath of 9-11.
The Rainbow Fund is an LGBT San Francisco-based
relief agency that allows gays and lesbians to see exactly where their money is
going and allows the world to see the impact the greater gay community plays in
providing aid.
In the case of hurricane Katrina the Fund is
working with America's Second Harvest
to help the survivors. All money given to the fund goes directly to
relief efforts. It does not use any donations to maintain its
organization.
365Gay.com
has set up a special resource page with links to the Rainbow Fund, Red Cross,
Lambda Legal and other aid agencies.
Meanwhile, the situation in New Orleans continued
to worsen on Thursday. Hundreds of bodies have been found and the city has
descended into anarchy.
Looting continued and sporadic gunfire could be
heard throughout New Orleans. Police say they are powerless.
Sewage and chemicals are mixed in the water that
still covers the city and there are mounting concerns of a massive health
epidemic spreading among those still trapped.
©365Gay.com 2005
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