Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, July 9, 2014

Idaho Cemetery Prohibits Gay Partners Burial

CemeteryMadelynn Taylor, 74, filed a civil rights lawsuit Monday after the Idaho State Veterans Cemetery refused to allow her to bury the ashes of her late wife.  Mrs. Taylor filed the lawsuit in U.S. District Court in Boise after she tried to make advance arrangements last year to have her ashes buried with Jean Mixner, whom she married in California in 2008 when gay marriage was legal. 

While federal veterans cemeteries allow the spouses of gay veterans to be interred, the Idaho cemetery (owned and operated by the state) does not.  Mrs. Taylor’s situation is “among the most extreme examples of the harm caused by state laws that deny respect to the marriages of same-sex couples. . . Denying these important protections to committed couples is not simply unjust, it is needlessly cruel.”

See Rebecca Boone, Vet Sues After Burial With Gay Partner is Denied, Associated Press, July 8, 2014.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  


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