Wednesday, October 19, 2005

New York Court of Appeals rules Same-Sex Partners Can't Sue Hospitals for Malpractice

A divided state appeals court ruled last Thursday that a man cannot sue a Manhattan hospital for malpractice in the death of his longtime partner, saying it could not provide tacit approval of same-sex marriages. The appeals court, in a 3-2 vote, decided that John Langan had no standing to sue the hospital despite the couple's 2000 civil union in Vermont. Attorneys for Langan claimed the civil union gave him standing as a spouse to sue the hospital under New York law. Any ruling favoring Langan would be "taken as judicial imprimatur of same-sex marriages and would constitute a usurpation of powers expressly reserved by our Constitution to the Legislature," the court ruled. Source. Foxnews.com. Click here for link to the source (last visited October 19, 2005, reo).

http://lawprofessors.typepad.com/family_law/2005/10/new_york_court_.html

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