Injustice in America

April 20, 2010 at 2:37 pm (Uncategorized) (, , , , , )


I try not to be too political on this blog, but every now and then I can’t help it.  I came across an article today that was both sad and outrageous and I wanted to share.  No matter what your opinion on gay marriage is, surely you can see the tragedy in this story.  Please excuse me for being lazy and simply copying and pasting the article, but I doubt I could word it any better than it is right now.

Here’s the original post, a case docket from the National Center for Lesbian Rights:

“Clay and his partner of 20 years, Harold, lived in California. Clay and Harold made diligent efforts to protect their legal rights, and had their legal paperwork in place—wills, powers of attorney, and medical directives, all naming each other. Harold was 88 years old and in frail medical condition, but still living at home with Clay, 77, who was in good health.

One evening, Harold fell down the front steps of their home and was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold’s care from the first moment. Tragically, county and health care workers instead refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes.

Ignoring Clay’s significant role in Harold’s life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Outrageously, the county represented to the judge that Clay was merely Harold’s “roommate.” The court denied their efforts, but did grant the county limited access to one of Harold’s bank accounts to pay for his care.

What happened next is even more chilling: without authority, without determining the value of Clay and Harold’s possessions accumulated over the course of their 20 years together or making any effort to determine which items belonged to whom, the county took everything Harold and Clay owned and auctioned off all of their belongings. Adding further insult to grave injury, the county removed Clay from his home and confined him to a nursing home against his will. The county workers then terminated Clay and Harold’s lease and surrendered the home they had shared for many years to the landlord.

Three months after he was hospitalized, Harold died in the nursing home. Because of the county’s actions, Clay missed the final months he should have had with his partner of 20 years. Compounding this tragedy, Clay has literally nothing left of the home he had shared with Harold or the life he was living up until the day that Harold fell, because he has been unable to recover any of his property. The only memento Clay has is a photo album that Harold painstakingly put together for Clay during the last three months of his life.

With the help of a dedicated and persistent court-appointed attorney, Anne Dennis of Santa Rosa, Clay was finally released from the nursing home. Ms. Dennis, along with Stephen O’Neill and Margaret Flynn of Tarkington, O’Neill, Barrack & Chong, now represent Clay in a lawsuit against the county, the auction company, and the nursing home, with technical assistance from NCLR. A trial date has been set for July 16, 2010 in the Superior Court for the County of Sonoma.”

Breaks your heart while simultaneously pissing you off, huh?  If you remember, I mentioned last week that President Obama recently passed a mandate that would prevent things like this from happening.  However, it’s a little while before that goes into effect and stories like these are still all too common.

I can’t understand how these two men, who have done nothing but love and support each other for 20 years and have caused no harm to anyone, are a threat to the sanctity of marriage.  Hell, their relationship lasted much longer than many marriages I can think of.  Where is the justice?  Not in California, that much is certain.  I sincerely that hope Clay prevails.

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3 Comments

  1. 2ordinary said,

    The federal mandates are in a tricky position as marriage is mandating by law from state to state. The good thing, though, is we have the Full Faith and Credit Clause. This, I think, is what will really push equality laws and protection for all marriages, because if one state lawfully weds a homosexual couple, other states MUST recognize it as deemed by the Supreme Court (Mills vs Duryee). So hopefully we will see this sort of crap end within the next few years.

    • webpaige said,

      I hope you’re right. Unfortunately, the Full Faith and Credit Clause is often not followed because many states still don’t recognize marriages that they don’t want to. Mills vs. Duryee was over a hundred years ago and people are still fighting to have it applied to gay marriage. Many states have created “mini” Defense of Marriage Acts that define marriage as opposite-sex only and most of those DOMAs downright prohibit that state from honoring same sex marriages performed in other states and countries. If same sex marriage could just get passed at the federal level this could all be taken care of – hopefully one day soon! 🙂

  2. hskiprob said,

    “They Won’t Let You Do That”
    When speaking to the wife of an attorney recently about my project for Repairing the Scales of Justice, she stated, “they won’t let you do that”. The first thing that came to mind, was who the hell are “they” that she so quickly made reference to. The fact is that I know who they are, so I’m really just making a point. The people who really understand our socio-economic system, know it broken, but do not know how to repair it. I have an idea that I would like to put out and get some feedback on, that I believe is the single most important alteration that we need to make to our system and that it might and I surely say might work in making a major step towards restoring the American dream.

    This couple is in their seventies and obviously know their way around the block. He was a Fortune 500 estate and trust attorney until retirement with his specialty being tax law, so he has experienced a great deal in his many years of practice and I’m sure she has heard many of the better war stories. What was interesting is that I was telling her about my system when he was taking a shower, so her comment was 100% hers. Like so many people she knows that system is broker but has no solution.

    There basically needs to be three things accomplished:
    1. Create a web based computer program that accomplishes those ideas set for and explained at: http://hskiprob.wordpress.com – Repairing the Scales of Justice
    2. Get 250 to 1000 people who are Constitutionally knowledgeable with verifiable credentials and references that would participate in the testing of the system and promoting it conclusions and benefits. Some will obviously need or want to remain anonymous but I’m very confident that there are enough patriotic American who would step forward for this important task.
    3. Raise the necessary money to accomplish the above. I’m willing to participate or assist in any manner or relinquish all rights and duties to those who will and can accomplish it.

    As you will clearly see, the Constitution of the United States has been usurped and it has been done more than once and on a variety of issues. It is therefore a dead instrument and you are no longer living under a constitutional democratic republic that protects individual rights. Therefore any Official of the Unites States or any of its various jurisdictions that have signed or taken the Constitution Oath to uphold its intent has and are continuing to commit a criminal act if they are not attempting to change and/or not supporting the reestablishment of those rights and/or Articles that have been usurped. It would be like a police officer seeing a criminal act in process and not doing anything about it or knowing that an individual has perpetrated a crime, and doing nothing to bring that person to justice. The Constitution has been violated and needs to be restored or a new one put in place that will actually be followed. We must have a rule of law and it obviously cannot be a system of law by those who rule.

    5 U.S.C. 3331:

    “An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services shall take the following oath: ‘I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.’” — The President as Commander and Chief, takes a slightly different Oath.

    A provision of Executive Order 10450 specifies it is a violation of 5 U.S.C. 7311 for any person taking the oath of office to advocate “the alteration … of the form of the government of the United States by unconstitutional means.” Our form of government is defined by the Constitution of the United States. It can only be “altered” by constitutional amendment. Thus, according to Executive Order 10450 (and therefore 5 U.S. 7311) any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331which alters the form of government other than by amendment, is a criminal violation of the 5 U.S.C. 7311.

    There sadly have been multiple constitutional violations over our history and they are getting more numerous as our society digresses, but just one usurpation is all that is necessary to justify the need to contention. I choose what are commonly referred to as the money clauses, because of their ease of understanding to prove that most of our politicians and Judges are committing a crime by not attempting to uphold the intent of the Constitution.

    Article 1, Section 8, clause 5. – Congress shall have the power…To coin money, regulate the Value thereof, and of foreign coin, and fix the Standard of Weights and Measures;
    Article 1, Section 10, clause 4. – No State shall…make any Thing but gold or silver Coin a Tender in Payment of Debts;

    From these two clauses, any above average Middle School student with the ability to have a few questions answered, would be able to conclude that we are supposed to be using gold and silver coin as money yet most officials are not calling for the reinstatement of these two constitutional mandates. Look at that, foreign coins like Canadian Maple Leafs and Mexican Pesos, as long as they have proper weights and measures, which the government is supposed to insure, could be used as long as they are gold and silver coins. Go figure, a true common currency in North America and around the world and George Washington’s of Ben Franklin‘s face doesn’t need to be on them.

    You will be able to read about another usurpation of constitutional rights in the website noted above.

    Thank You,

    H. Skip Robinson
    skiprob@comcast.net
    561-596-1004

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