I hesitate to write another post about gay marriage rights, especially since I just wrote a Respect for Marriage/Down with DOMA post last week. And, I've written 2 or 3, or 10, or more other marriage posts here at BlogHer in last year and half. I fear that if I keep writing about it over and over again, it will start to become background noise, and people will tune out. Stop reading. But then life happens, and courts make rulings, and I get so frustrated that I can't not write about it.

I do not understand how, regardless of personal convictions on the issues of homosexuality and same-sex marriage, some people can lack such compassion for their fellow (wo)man.

So why am I so agitated? A few days ago, a U.S. District Court for Southern Florida dismissed Janice Langbehn's case against the Public Health Trust of Miami-Dade County, Jackson Memorial Hospital and 3 doctors. For those unfamiliar with, or don't remember Janice's story I'll give you quick synopses.

In February 2007, Janice Langbehn, Lisa Pond, and their 3 children traveled to Florida for an R Family Cruise. But before the ship left port, Lisa collapsed and had to be rushed to a hospital. Janice and their children followed, arriving shortly after. The hospital refused to take information about Lisa's medical history from Janice, even after a copy of Power of Attorney had been faxed to the hospital. Janice and the children were not given any information about Lisa, and were denied visitation even after the doctor had indicated that there was no medical reason Lisa could not have visitors. In the mean time, other families, including children, were taken back to visit with patients in the trauma unit. The only visitation Janice was allowed in the ER, was 5 minutes while the priest to delivered last rites. At some point during the ordeal, Janice was told by a social worker that she was in an anti-gay state and city, and she would not be acknowledged as family. Apparently, that went for their adopted children too.

When Lisa was finally moved from the ER to a non-trauma room in the hospital, Janice was not notified. She had to find out from Lisa's sister, who was told by the hospital staff when she arrived. It was more than hour after Lisa had been moved. Yes, Lisa's sister had more rights than her partner of 18 years did. Later, Dade County Examiner and the State of Florida both denied Janice a death certificate, which she needed for life insurance and social security benefits for the children.

The court ruling, says the trauma unit does not have and obligation to allow the patient's family, health care surrogate, or other visitors, access to the patient. And since she was allowed in for the 5 minutes of last rites, that's good enough (my words). The ruling found that since she was briefly consulted twice, the Power of Attorney had not been denied or ignored. The ruling also stated that there was not enough evidence to show a fiduciary relationship. This has some bearing as to why it's justifiable under the law to keep loved ones apart, but I don't understand why. Since I am not a lawyer, and all of this legal speak makes eyes glaze over, this is about as much as I got out of reading the ruling. For a more in depth discussion of the ruling and it's implications, check out Leonard Links post Federal Judge Dismisses Tort Claims Against Florida Hospital and Staff Who Failed to Accord Compassionate Treatment to Life Partner of Dying Lesbian.

What I find so scary about this case, is that even with all the legal paperwork that should have protected them from this sort of thing, they still were treated with such disregard and disrespect. I find it hard to believe that anyone could really think it fair and just and keep loved ones from attending the bed side of their dying family member. How can someone be so cold and callused. Hell, it's just downright cruel. And while I may not be a believer and all, I have serious doubts that that's what Jesus would do. I only throw Jesus in here, because it's been my experience that Jesus is justification for any argument. Scripture is the proof for and the way to win any argument, don't you know?

This is why some sort of legal rights for gay couples, on a national level, are so important. And those rights must be transferable, recognized in every state within the United States. That doesn't mean that jerks will necessarily stop being jerks, but at least if there laws to protect us, we'll have some recourse.

I like to end my posts with a question, but the only question I have is how someone can reasonably and rationally justify the sort of treatment Janice's family received? Because I just don't understand it.

Read what other bloggers have written about this:

• Injustice for Florida Family, by Dana Rudolph posted at The Bilerico Project
• Lest the battle lines and magnitude be not clearly drawn, by Polly at Lesbian Dad
• Court dismisses case brought by partner denied hospital visitation, by Nan Hunter at Hunter of Justice
• Florida court throws out case of lesbian banned from seeing dying partner, by Jessica Geen at Pink News. The comments are especially interesting since they are coming from a non-American perspective.
• FL: Fed court dismisses lawsuit of woman kept apart from dying partner by hospital, by Pam Spaulding of Pam's House Blend

Zoe is a BlogHer Contributing Editor (Life-GLBT). She also blogs about her life most ordinary at gaymo

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