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BY STEFAN JOHNSON
This summer vacation season is bound to be long and hot,
and not in a good way: travelers will undoubtedly have many
things on their mind, from the exorbitant price of gas to
overbooked, overcrowded planes. But the LGBT community faces
additional hurdles to a comfortable and relaxing vacation
not faced by our straight friends and neighbors: the stress
of choosing a safe destination and avoiding places known
to be hostile to the LGBT community. Even the joy of a summer
wedding abroad may be tempered by the fact that upon your
return home, our government is likely to remind you of your
lack of equal status. It starts at customs, where the federal
government requires each same-sex partner to submit separate
customs declarations, rather than submitting joint declarations
as do heterosexual married couples.
Lambda Legal represents Janice Langbehn in a case that illustrates
the problems that traveling LGBT couples may face. While
on vacation in Florida, Janice's healthy, 39-year-old partner
of nearly 18 years, Lisa Pond, suddenly collapsed and was
later pronounced dead from a brain aneurysm. She was rushed
to a nearby hospital with Janice and their three children
close behind. The hospital refused to accept information
from Janice about Lisa's medical history, and informed Janice
that she was in an anti-gay city and state and could expect
to receive no information about Lisa's condition or other
acknowledgment as family. Other than one five minute visit,
arranged by a Catholic priest at Janice's request to perform
last rites, and despite the doctor's acknowledgement that
no medical reason existed to prevent visitation, neither
Janice nor her children were allowed to see Lisa until nearly
eight hours after their arrival.
Lesbian and gay couples traveling abroad with their children
should be aware that they may encounter hostile immigration
officials questioning how two adults of the same sex can
be legal parents of their children. Children may not be allowed
to leave or to re-enter the country until formal proof of
legal connections between parents and children is established.
To guard against some of these potential problems, same-sex
couples should make sure they have basic legal protections
in place such as powers of attorney, wills, and advance directives
(also called “health care proxies” or powers
of attorney for medical decision-making)—and take your
documentation with you! Additionally, you should take copies
of any adoption decrees and/or birth certificates for your
children. If disaster strikes, your legal paperwork will
protect you far better than your sunscreen!
For more information about our new legal safety scale for
same-sex couples, and our new toolkit “Take the Power:
Tools for Life and Financial Planning,” visit our Web
site www.lambdalegal.org
For assistance in finding an attorney to help you protect
yourself while on vacation or for any unforeseen event that
might occur, please contact Lambda Legal's Help Desk at 866/542-8336.
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