In some states in the United States, like Wisconsin and Indiana, gay marriages are still a taboo subject and are publicly banned. On Tuesday, dozens of gay couples came to Chicago's 7th U.S. Circuit Court of Appeals to challenge these bans, in hopes of also resolving one of the matters in question, which is the case of medical emergencies being faced by same sex partners.
During the court hearing, these couples would like to make significant headway in making their home states recognize their out-of-state marriages, allowing them to make critical decisions when it comes to each other's health. at the moment, gay couples need powers of attorney papers and domestic partner registries before they can be allowed to make life-saving or end-of-life decisions for their partners. Something heterosexual couples do not need a court order for.
One such couple is Judy Trampf and Katy Heyning who are from Madison, Wisconsin. They have been together for 25 years, and were faced with this exact dilemma a few years ago when Heyning suffered a seizure out of state. Trampf had the necessary powers of attorney papers to make health judgements for her partner, but the papers were in Wisconsin and they were in New Orleans. As a result, hospitals staff refused to let her make any decisions for her partner, even ignoring her when she tried to answer question for Heyning when she could not talk after regaining consciousness. "That's when I realized I really didn't have any rights in the situation. Heterosexual couples don't have to pull out anything," Trampf said.
Paul Castillo is one of the lawyers representing the gay rights group, Lambda Legal, and he says that the right to proper healthcare is one of the most pressing issues in this case. "There's something to be said when a state recognizes a marriage and the dignity that confers on a couple who is undergoing crisis moments, not to be burdened with the possibility that when they seek emergency medical treatment or have to make decisions with regard to end of life, that those will not be honored."