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I'm trying to find more details about this. It seems to apply only to advance medical directives. Which is sound and a good thing, and the President deserves praise for this. Hospitals denying visitation and medical decision-making to people with the legal paperwork has long been one of the most egregious injustices of our inequality.
However, when someone doesn't have an advanced medical directive - and most LGBT couples don't - how does this play out? If I'm in a coma after a car accident and never had a proxy or living will drawn up, my family could still over-ride my boyfriend's decisions.
This is the problem with denying marriage. Unless people go to a private attorney and have the papers drawn up, it doesn't seem they're protected by this.
Hopefully this step by the President will encourage LGBT couples to not wait and make sure their partner is legally designated via a directive or proxy.
And, just to be usually cynical, it's funny how this memo that could've happened at any time suddenly (like Jan. 21st, 2009) appeared the minute the LGBT community was incredibly pissed off about Barney Frank's revelations on the White House's double-dealing over DADT. It's almost as if there's a list somewhere of things the President can unilaterally do for us that are to be parceled out only when we're incensed over some major fuck-up by the administration on our issues. Maybe it means we should be even louder. It seems that the President gets off his ass on gay issues only after we're epically angry with him. Major LGBT protest planned for the President's L.A. visit? Tada! Memo!
One thing I'm not seeing, and still currently searching for, is what are the penalties for violation? How is this enforced? Is this an actual rule with actual consequences, or is this "Well, we want you to do this, but if you don't, whatever. You can't sue." (and boy howdy, did they make sure to get that "can't sue" provision prominently tucked in).
It seems like that from what I'm reading, and I'm trying to find out if I missed something. If there aren't any serious penalties for violation, then we're looking at a symbolic gesture. Which is nice, and I hope this will cause at least some hospitals to seriously reconsider how they deal with LGBT couples.
But, yeah, I'm cynical and want more details. This administration lost my trust on our issues and has to do a lot more than a memo to get it back.
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