A Tragic Death Compounded by Injustice

This is a discussion by author, Lorah Delaney, on the aftermath of the death of Diane Whipple in San Francisco and the struggle for recognition of her partner, Sharon Smith.

Everyone I’m sure has heard of the terrible death of Diane Whipple in San Francisco. A dog brutally and fatally attacked her, as she tried to enter her apartment. The circumstances and details of this abominable event are not the focus here. The aftermath of the tragedy strikes home again the need for continued advocacy and equality for lesbians and gays.

Whipple and her partner, Sharon Smith tried for many years to have their relationship legally recognized. Many lesbian couples want acknowledgment of their relationship in this way. The reasons are obvious and but for one, need not be expanded on here. When a heterosexual couple marry, rights of survivorship automatically apply. They seem to apply regardless of the intent or length of the marriage (All I’ll say to illustrate this is Anna Nicole Smith.)

However, despite the longevity of Whipple and Smith’s relationship, no such survivorship rights apply. And to compound the grief and suffering of the survivor, Smith now finds herself in a legal battle to be recognized as someone who loved and cared for Whipple; to be recognized as someone who shared the everyday trials and tribulations such as bill payments, car payments, vacation expenses and so on. Count this as one more example of inhumanity and injustice towards another human being. When will it end?

This scenario was highlighted in the television movie If These Walls Could talk 2. The difference being the story line was set many years ago when perhaps society wasn’t considered as evolved as today (my tongue is in my cheek, you just can’t see it!) What a disgrace that no change has occurred. It’s ironic that the movie in question focused on the evolution of lesbians over time, climaxing with the wonderful story of lesbians rearing children. Oh can’t you smell the roses…no? Me neither.

The National Center for Lesbian Rights (NCLR) has joined Smith in her fight to be recognized as Whipple’s beneficiary. It is a case that committed same sex partners must watch carefully and pray for the right outcome. Unquestionably the gay community is divided about the issue of marriage and whether or not it should be legalized. Some don’t want their relationship defined by the patriarchal system of marriage. But some do. In this case and many others, the tragic death of a loved one would not have been compounded with the survivor feeling like a second class citizen if the legal paperwork had been signed.

The NCLR represents and supports many clients who may find themselves in the same boat as Sharon Smith. It is a sad testament to our times that the need for such an organization exists. Perhaps one day the term human rights will apply to everyone and the need for a separate organization for lesbians will desist. A victory for Smith will not bring her loved one back, but it may prevent a similar travesty in the future.

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