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Battle
Between Gay Man
And Sick
Partner's Family
Highlights Lack Of Same-Sex Couple Rights
by
365Gay.com from the Web, August 7, 2007
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Indianapolis, Indiana Aug.6 --
For a quarter century Patrick Atkins and Brett Conrad shared their lives
including a home and bank accounts but when Atkins fell near fatally ill Conrad
discovered he had no rights in determining the care or who would deliver it to
his ailing partner.
In 2005 Atkins collapsed while on a business trip to Atlanta. He had a
ruptured aneurysm and later suffered a stroke while hospitalized.
When Conrad arrived in Atlanta Atkins' family directed the hospital to refuse
him access to the ailing 47-year old, the Indianapolis Star reports. He
was allowed by sympathetic hospital staff to sneak in after hours and after
Atkins parents had left.
When Atkins was moved to a nursing home Conrad again was forced to sneak in to
see the man with whom he had spend more than half his life.
Later that year Conrad filed for guardianship of Atkins. But the now
severely disabled man's parents quickly moved their son to their home and have
refused to allow Conrad access to him.
For the past two years Conrad has been battling the Atkins family in court.
Legal documents obtained by the Star show that Atkins' mother, Jeanne Atkins,
believes homosexuality is a sin and refuses to acknowledge the men's
relationship.
In June the Indiana Court of Appeals ruled that Conrad must have visitation
rights.
"Brett and Patrick have spent 25 years together as life partners -- longer than
Patrick lived at home with his parents -- and their future life together has
been destroyed by Patrick's tragic medical condition and by the Atkinses'
unwillingness to accept their son's lifestyle," the ruling said.
But the court left the care of Atkins up to his parents.
The Atkins family has asked the Appeals Court to reconsider the visitation
ruling. Eventually the case is expected to go to the Indiana Supreme
Court.
Indiana has a so-called defense of marriage law barring same-sex couples from
marrying and no legislation giving any rights to gay and lesbian couples.
Socially conservative groups have for several years been trying to get a
proposed amendment banning gay marriage put to voters.
In April the measure died in committee but groups supporting the amendment are
continuing to push for it.
LGBT civil rights activists in the state say the situation in which Conrad and
Atkins find themselves show the need for same-sex marriage.
Advocates of a constitutional ban say the couple should have had living wills to
protect themselves and that the amendment is still needed.
"The problem isn't the couple couldn't get married," Curt Smith, president of
the Indiana Family Institute told The Star.
"The energy from the intervention comes from the parents' disapproval. ... They
think it's wrong, and that's not something the law can address."
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