More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
James Peron

GET UPDATES FROM James Peron
 

Unequal, Even in Death

Posted: 11/15/11 03:04 PM ET

When American Airlines Flight 587 crashed into a Queens neighborhood, it took away the breath of the nation; it was one month after the 9/11 attacks. For William Valentine, it took away more than that -- it took his partner of 20 years, Joe Lopes.

An Associated Press article on the anniversary of the crash begins with reference to Valentine and Lopes. Not that long ago it would have been unheard of to acknowledge that someone could love another person of the same sex, let alone do so for 20 years, or that they would actually grieve over their loss.

The "love that dare not speak its name" also dared not grieve in public over the losses suffered.

Consider how playwright Harvey Fierstein portrayed gay grieving in his wonderful Torch Song Trilogy (1988). Firestein plays the main character, Arnold Beckoff, whose lover Alan Simon (Matthew Broderick) is murdered across from their home when he tries to rescue someone being assaulted. Arnold's mother, whom he calls Ma, played brilliantly by Anne Bancroft, comes to visit shortly afterward.

Alan is buried in a cemetery plot given to Arnold by his father, who is buried nearby. Arnold and Ma go the cemetery, where she begins to say Kaddish over her husband. Arnold begins to do the same thing and Ma is furious, demanding to know what he is doing. She screams, "Your father left these plots to you. This is what you want to do with them? Fine! That's your business. But I will not stand here and watch you spit on your father's grave!"

Arnold tells her he is only doing what she is doing, praying for a loved one who was lost to death. Ma says, "You're blaspheming your religion. ... You're going to compare my marriage to you and Alan?" Arnold says, "I'm talking about the loss." Ma then does what many have done for centuries: she dismisses the love her gay son felt for his partner.

Ma: What loss did you have? You fooled around with some boy. Where do you come to compare that with a marriage of 35 years? Come on, Arnold. This isn't one of your pals you're talking to.

Arnold: Ma, I lost someone I loved very much.

Ma: So you felt bad. Maybe you even cried a little. What would you know about what I felt? Thirty-five years I lived with this man.

Even though it is clear that she loves her son, she can not accept that the love her son felt for his partner was anything like the love she felt for her husband.

What Fierstein depicts, however is a vast improvement to the situation depicted by Christopher Isherwood in his 1964 novel A Single Man. Isherwood depicts the last day in the life of George Falconer, a middle-aged English professor still living with the grief of losing his partner, Jim. George can only share his grief with his friend, Charlotte. Not only can he not tell anyone at the university about the loss, but his partner's family makes it clear that he is not welcome at the funeral.

The English poet Philip James Bailey (1816-1902) wrote, "The sole equality on earth is death." Apparently he did not consider the inequality of death when it comes to gay people, especially to same-sex couples. It is not unheard of for relatives to come barreling in and push aside the grieving partner, who is often reinterpreted as just a friend.

Wills can be invalidated if the family, recognized by law, claims that a partner was just a friend who "exerted undue influence" over the deceased -- something that is very, very unlikely to happen if the couple had been married. The surviving spouse in a same-sex relationship is taxed at levels that would not apply to the married, heterosexual spouse. And, thanks to the Defense of Marriage Act, even a legally married surviving spouse in a same-sex relationship is taxed differently.

Mark Goldberg, of Rhode Island, was with his partner for 17 years. When his beloved killed himself, Goldberg found the funeral home refusing to release the body to him. They said that he was not a relative by any legal definition. They only agreed to release the body after a full month of waiting, and after their advertising for relatives in newspapers. When none came forward, they finally allowed Goldberg to bury his partner.

No, not even in death is there equality, just inequality created by the law, and enshrined in it.

 
 
 
When American Airlines Flight 587 crashed into a Queens neighborhood, it took away the breath of the nation; it was one month after the 9/11 attacks. For William Valentine, it took away more than that...
When American Airlines Flight 587 crashed into a Queens neighborhood, it took away the breath of the nation; it was one month after the 9/11 attacks. For William Valentine, it took away more than that...
 
 
  • Comments
  • 16
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
HUFFPOST SUPER USER
lacrosselamore
My micro-bio is half full.
02:51 PM on 11/17/2011
Nice job again, James.
My best friend lost her partner a few months ago. She was not allowed to release her partners remains to the funeral home until her estranged brother wes found to sign the papers. Turne out he was pretty nice about everything, but he took her car. Said he needed one, took hers even though he had not talked to her in ovver 15 years. Luckily the house was only in my friends name.
07:02 PM on 11/15/2011
Great essay, good post.... but given your age & political persuasion, I would be more interested to read your comments on Eastwood's new movie on Hoover and his male friend. Hoover was or was not homosexual, he certainly was closeted either way. Sad really, to not be fully sexual is to not be fully human I think.
photo
HUFFPOST BLOGGER
James Peron
09:27 PM on 11/15/2011
First, I have not seen the film per se. I have read what Eastwood said and also know what Lance Black, the scriptwriter, had to say about his research. Given what I know of the history I tend to think they got it broadly right, at least in regards to the public statements they have made about Hoover.

There is no direct evidence that Hoover ever consummated a relationship with Tolson. Yet there is plenty to indicate they had an emotional relationship. No one can say for sure whether it was ever physical. But, given Hoover's general disposition it seems plausible to me that he never did have a physical relationship and was thus never, in your parlance, fully human.

It might explain his bitter attitudes, his fearfulness, his general tendency toward authoritarianism, his disregard for human liberty. Often sexually repressed people are just unpleasant people. Hoover, to me, is one of the truly sad figures in American history. He did a great deal of harm to himself and he did a lot of damage to civil liberties in the United States as well.
05:31 PM on 11/15/2011
Okay, so let's fix the tax system and treat EVERYBODY equally, and maybe if homosexuals are explicit in their wills only a dishonest judge deny the rights of the deceased.

Sounds like the laws in question here discriminate based on poor planning on the one hand, and a culture-wide acceptance of economic discrimination on the other...

Can homosexuals find common cause with unmarried hetero couples here?
photo
HUFFPOST BLOGGER
James Peron
06:25 PM on 11/15/2011
"Unmarried" hetero couples can solve all their legals issue in five minutes down at a Justice of the Peace, for a few dollars. Gay couples can't. Unmarried heterosexual couples have the same rights as married couples but choose to forgo them. Gay couples don't have even that right.
08:53 PM on 11/15/2011
Why must unmarried hetero couples have to visit a Justice of the Peace? Why can't the law simply recognize legal contracts instead? I sympathize with the gay man in the story not being able to claim the body of his partner, but it seems such an issue should be able to be easily solved without delving into sexual politics. I would also like to see tax laws that were blind, deaf and dumb when it came to marital status or child rearing. Actually, I would love to get rid of the income tax and replace it with a form of consumption tax, but that is another story...
photo
HUFFPOST SUPER USER
Ioan Lightoller
Proud Married Gay Pagan Man
08:30 PM on 11/16/2011
Nice thought, but how about just allowing us to marry and to have all the rights of married couples. Wills, no matter how well written, can be and have been overruled. If the couple is legally married, they are kept from having this happen. If a GLBT couple is married, the deceased can pass on his or her property without punitive inheritance taxes, just the way it is for heterosexual married couples. If a GLBT couple can be married, there is no question of the spouse being able to make healthcare decisions for his or her spouse and there is also no question of their being allowed to vist or be with their loved one. There are all these rights and 1100+ more available to straight married couples. This is why DOMA needs to go and for marriage equality to be enacted nationwide.
HUFFPOST SUPER USER
Rich Cash
Enlisted in 1971 - Retired in 1996
03:10 AM on 11/17/2011
Agreed again...DOMA needs to go away, GLBT marriages need to be legally recognized. Then maybe we can all focus on issues that really matter and quit worrying about what our neighbors may or may not be doing even though it's none of our damn business.
12:21 AM on 11/18/2011
Hetero married wills can be overruled too, though I'm sure it is much more difficult. The problem with your position - and the one I have with it - is that you accept that the government is the repository and arbiter of rights. My call for "common cause" is a call for true equality before the law. Government shouldn't have anything to do with marriage - that should be religious or "other". Contract law is what needs to be recognized, as do rights to - yes - "discriminate" in purely private matters. Taxation should be completely BLIND with regards to private and voluntary relationships or procreative choices.

I am too tired right now to be sufficiently articulate, but the mistake you and others are making is to seek specific rights instead of asserting and defending inherent rights. Most people stumble over that because they disagree with how somebody else chooses to exercise their own inherent, natural and (supposedly) inalienable rights.

You want "society" out of your "bedroom"? Return the favor and help get "society" out of the private lives of all individuals... That is the only path to a truly moral society - every individual's rights must be respected...
04:34 PM on 11/15/2011
A number of years ago I went to a bereavement group in West Hollywood. Many of the people in the group were gay men. The horror stories they told about the families of their loved ones would make your hair stand on end. Sure there were a few who were treated with respect. Most were treated less than human. I see no change in society that signals the majority view gay people and their relationships as equal, or even human. It lessens our society when all people are not treated as equals, at the very least in their humanity.
photo
HUFFPOST SUPER USER
Bill J4321
04:00 PM on 11/15/2011
I would encourage any and every heterosexual to read this article and then answer the following question:

Why?
photo
phal4875
The world is run by cats; we just feed them.
06:17 PM on 11/15/2011
There is no reason why gay and straight people should be treated differently. That includes marital issues, jobs, and every other area. We are finally growing up as a nation and are, at least, beginning to realize that treating anyone as a second-class citizen is unacceptable.