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Gay Man Prevented From Dying Partner Wins Settlement


SONOMA COUNTY X390

An elderly gay man who was prevented from seeing his dying partner in the hospital social workers will receive $600,000 in a settlement, reports the Mercury News. Clay Greene, 78, of Guerneville, Calif filed a lawsuit against Sonoma County’s Public Guardian program earlier this year, claiming he was discriminated against because of his sexual orientation.

Greene accused the county’s social workers of denying him hospital visitation rights to see his partner, Harold Scull, despite medical declarations, powers of attorney, and signed wills that named each other as spouses. The couple was not married nor registered as domestic partners. The lawsuit also alleged that after Scull died, Greene was forced into a nursing home by social workers, who then sold many items of the couple's personal property.

Gregory Spaulding, the attorney who represented the county, denied the discrimination claims, but he admitted mistakes in selling the couple's property. According to the county, Greene was kept away from his partner because of previous domestic violence allegations. According to a sheriff's report, Scull went to authorities with a black eye, claiming Greene threatened to kill him. However, no formal complaint was lodged against Scull.

"The county remains confident in its position that there was no discrimination in this case," Spaulding says. Under the law, property worth $5,000 or less can be sold by officials to cover medical expenses, but the sale of the couple's property brought in more than $25,000 at auction. “Errors in that case have led to revised policies at the Public Guardian's office,” Spaulding says.

Spaulding acknowledges the county settled the case Thursday to avoid further expense. "It just made economic sense to stop the bleeding," Spaulding says. "To end the case and avoid all expenses and costs."

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Reader Comments
  • Name: Dan Downing
    Date posted: 7/25/2010 5:03:00 PM
    Hometown: Woodford Green

    Comment:

    One would think that in California that such things would not happen but they have, and will continue to do so. Anti-gay bigotry probably trivialized the relationship between the two men. If one of the men was a potential danger then supervised visitation could have been arranged. Somebody should tell these straight bigots that we should be treated with compassion and respect.

  • Name: SteveMD2
    Date posted: 7/24/2010 10:29:27 PM
    Hometown: BBaltimore

    Comment:

    Remember the old joke about when you hit them in the gonads..... Same here- Someones head will most likely roll. And 600k will go a long way towards helping the partner for the rest of his life. Yes, sometimes lawyers do good

  • Name: Jerry Ward
    Date posted: 7/24/2010 9:39:38 PM
    Hometown: lansing Mi

    Comment:

    That's Great that he got the settlement, but very sad that he wasn't able to be with his lover. We are somebody , and we deserve full equality! Right here, right now, full EQUAITY!

  • Name: Chris Vogel
    Date posted: 7/24/2010 5:01:29 PM
    Hometown: Winnipeg, Canada

    Comment:

    High-handed, arbitrary (and sometimes worse) actions like this by County officials (and, in similar cases, by deceased's family) often have evil effects that are ignored (as in this article). Auction sale of household effects, and the home itself, seldom realise the full value, as the auctions are commonly poorly publicised, and suffer the discount of auctioneers' fees, let alone the cost of replacements. County officials, however, often do well in their purchases on such occasions. Being forced out of your home into an institution is a horror, since the institution is never as comfortable, convenient or reassuring as your home (and providing care in the home is usually cheaper, for everyone). Considering what Greene's legal fees must have been (which suggests why he settled), he will have received only a fraction of his losses.

  • Name: halle
    Date posted: 7/24/2010 3:33:41 PM
    Hometown: Portland

    Comment:

    When did this happen? Didn't Obama order hospitals and other medical facilities nation wide to allow same sex partner visitation?

  • Name: Jeannie
    Date posted: 7/24/2010 3:14:16 PM
    Hometown: Tempe, AZ, USA, Earth

    Comment:

    Btw, David, considering the advanced ages of Mr. Greene and his partner, Mr. Scull, they probably chose not to marry when the opportunity came up to avoid loss of Social Security and other benefits, an option often chosen by many elderly herosexual couples to avoid the same problems.

  • Name: Jeannie
    Date posted: 7/24/2010 3:07:53 PM
    Hometown: Tempe, AZ, USA, Earth

    Comment:

    For information, go to http://seminal.firedoglake.com/diary/61635. Actually, Mr. Greene didn't win the lawsuit; the case was settled out of court to "avoid further expense" (quotation paraphrased) without any admission of guilt (cowards). Still, the case resulted in changes that will hopefully prevent such a tragedy from happening in Sonoma County again. It may help to set precedence for future cases elsewhere, including the defeat of DOMA, and public knowledge of what it is like to live, and die, without the protections of marriage most heterosexuals take for granted. While the settlement will in no way make up for Mr. Greene's emotional losses, hopefully it make his remaining years more comfortable. Incidents such as this, and the fight for gay marriage having to be fought state by state with mixed results, add further support for my argument that local rights, including State rights, need to be abolished or abandoned for centralized Federal law.

  • Name: David98102
    Date posted: 7/24/2010 2:11:56 PM
    Hometown: Seattle

    Comment:

    David, Also per the article: "...despite medical declarations, powers of attorney, and signed wills that named each other as spouses." They DID take advantage of the law by signing declarations, powers of attorney, and signed wills. Those documents should've been sufficient. They did not need to register as Domestic Partners to visit each other in the hospital with those documents.

  • Name: David
    Date posted: 7/24/2010 1:56:13 PM
    Hometown: WV

    Comment:

    per the article, they didn't take advantages of the laws-they could have been married or they could have registered as domestic partners under state law at the time; they could have possibly prevented this mess by doing a few simple things

  • Name: Ken
    Date posted: 7/24/2010 1:26:05 PM
    Hometown: USA

    Comment:

    That is what DOMA cause problems... Wondering, How much the state or federal can pay for the loss from tax payer money... If repeal DOMA, GAY MARRIAGE... Things would be totally different...



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